Step-by-Step Guide to the Travis County Personal Injury Court Process | Free Case Review

Your Travis County personal injury lawsuit may take place in-person or remotely, and it may involve the county, district, or federal court system. Regardless of these details, there are a few steps that you and your lawyer can expect. Understanding these steps ahead of time allows personal injury victims some peace of mind throughout the court process in Austin, Texas.

The first step in any personal injury claim is determining whether it is worth your time and money to file a claim for damages. The Austin injury lawyers at Carabin Shaw make that decision easier for clients by offering a free consultation to help you understand your legal options. Additionally, we offer our services on a contingency-fee-basis, so you don’t have to pay us unless we win your case.

Read our law firm’s client reviews, and call toll-free 1-800-862-1260 to speak to a member of our English- and Spanish-speaking staff. Someone is available to speak with you 24/7 because at Carabin Shaw, we understand that accessible, affordable, and high-quality legal representation is essential for fair injury compensation.

Victims must compute damages to support Austin personal injury claims, as these damages are the basis for compensation. In Texas, compensable damages include economic and noneconomic damages, such as:

• Medical expenses
• Loss of income or benefits
• Property damage
• Funeral and burial expenses
• Pain and suffering
• Emotional anguish

Texas plaintiffs can compute these by collecting receipts, invoices, and tangible evidence of future expenses. Your legal team may gather expert testimony from local doctors or industry experts. Even your personal journal entries may aid your Austin lawyer in calculating noneconomic losses such as emotional anguish, which are subjective and difficult to quantify.

Unless the defendant intentionally harmed you, your lawyer will have to prove the four elements of negligence to establish liability in your court case. The elements of negligence are:

• Duty: Each person generally has a duty to exercise caution to prevent harm, and some parties have an elevated duty of care.
• Breach of duty: An attorney must prove that a defendant failed to meet their duty of care, or the court may not hold them liable for injuries.
• Damages: The plaintiff must have experienced harm to collect compensation under Texas law.
• Causation: The defendant caused the damages via the breach of duty.

A Travis County injury lawyer will use evidence to prove a chain of events that connects the defendant’s negligence to your damages. If a liable party was grossly negligent, the Texas court may award punitive (exemplary) damages.

The litigation timeline in Travis County personal injury court can vary somewhat, depending on motions presented by either party as well as time slots available on the docket. Personal injury cases generally include the following stages:

• Pleading
• Discovery
• Mediation
• Summary judgment (if applicable)
• Trial
• Verdict and judgment

This is an oversimplification of the litigation process, but it captures the general idea. Essentially, the plaintiff claims damages that the defendant caused. The parties collect evidence and exchange it. The attorney negotiates your claim in an effort to settle outside of the courtroom. If both parties cannot reach a fair settlement agreement, the case goes to trial.

At Carabin Shaw, we understand that the legal process is stressful for victims, especially when they are trying to heal from injuries. Many cases resolve prior to reaching a courtroom. However, our legal team is beside you every step of the way, so you have the support you need should your case require a trial.

While there is a general path most personal injury claims follow, every case is unique. Some cases settle quickly with minimal negotiation, while others involve lengthy trials or multiple parties. Even when a case seems straightforward, unexpected challenges can arise. Having an experienced legal team to guide you through the process can help reduce both emotional stress and financial risk.

Call the personal injury attorneys at Carabin Shaw today 24/7 at 1-800-862-1260 to learn how you can pursue fair and full compensation after an accident.

For more information:

• DAMAGES
• Negligence
• Travis County