Personal Injury

Steps in the Personal Injury Process

Posted by Trent Kelly on March 16, 2021
Steps in the Personal Injury Process

If you suffered injuries in an accident caused by someone else, you might be eligible to file a personal injury claim. The personal injury claims process can be complicated, and it is important that you have a knowledgeable Austin personal injury lawyer advocating for you at all times. 

Motor vehicle collisions, slip and fall accidents, construction accidents, and defective product malfunctions can all lead to serious and debilitating injuries. Common injuries sustained in these types of accidents include bone fractures, soft tissue injuries, traumatic head and brain injuries, and internal injuries, to name only a few.

If you have been injured in an accident that was caused by someone else’s negligence, you might be eligible to file a personal injury claim. Personal injury claims involve a process that can become complex if you do not have qualified legal representation on your side. The Austin personal injury lawyers at TK Injury Lawyers, can handle your personal injury case from beginning to end and pursue all of the monetary compensation and damages that you need. 

Filing a Personal Injury Claim

A personal injury claim is usually filed with the insurance company for the at-fault person or entity. However, if that individual or entity did not have insurance coverage in place at the time of your accident, you might be able to file a claim with your own insurance company. This type of scenario often arises in motor vehicle accident cases where the at-fault driver does not have insurance.

Once you file a claim with the insurance company, the adjuster assigned to your claim will review all of the documentation and decide whether or not to accept liability for the accident. In some cases, especially where a motor vehicle operator was drunk or intoxicated at the time of the accident, liability is clear. At other times, however, liability may be disputed.

If the insurance company accepts liability in your case, it will usually make an initial settlement offer. Initial settlement offers are usually very low, and they are not likely to fully compensate you for all of your injuries sustained in the accident. Insurance companies make these low offers to try and see if they can resolve the case quickly and cheaply.

Filing a Lawsuit in Court

In some personal injury claims, a lawsuit will need to be filed against the at-fault person or entity. This usually happens when the insurance company refuses to offer you the full and fair compensation that you deserve for your injuries.

Just because you file a lawsuit, however, does not mean that your case will ultimately go to a jury trial in the court system. In fact, most personal injury cases settle long before a jury trial ever happens. During litigation, your attorney will continue to negotiate with the insurance company on your behalf in hopes of reaching a favorable settlement.

During the discovery phase of litigation, the parties will exchange documents, and the defense attorney may take your deposition. If the case does not settle after a deposition, the parties typically have two options. The first option is to take the case to a jury trial and allow the jury to decide all the disputed issues in the case. The other option is to pursue alternative dispute resolution, at which time a mediator or arbitrator will help to facilitate settlement discussions (mediation) or decide the disputed issue of damages in the case (arbitration).

Speak to an Experienced Austin Personal Injury Lawyer Today

The skilled legal team at TK Injury Lawyers, can help guide you through the personal injury claims process. For a free legal consultation and case evaluation with an Austin personal injury attorney, please call today at (512) 910-2000 or contact us online for more information.


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