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The Personal Injury Process in Texas

Are you in Corpus Christi? Were you injured in an Auto accident?

Give Carabin Shaw a call. We can help. Call us at 361-444-1111, local if you’re in Corpus Christi.

The Legal Process and Explanations of it for Plaintiffs: Personal Injury Damages Claims and Lawsuits in Texas. There are several things you can do to help your attorneys, and yourself, down the road in this process.

First, treat any injuries you have suffered. Thorough, consistent and early treatment of any injuries by qualified medical professionals significantly contributes to the success of any personal injury case. Maximum medical recovery helps your claim in a pivotal way. Much of your case can only begin once your recovery has maximized after any injury.

You should meet with an experienced lawyer as early as possible. If you do, you’ll have all the time you need to decide whether a personal injury lawsuit is the way to go. The attorney case review at Carabin Shaw is always free of charge to you. One of our lawyers will evaluate both the weaknesses and strengths of any possible case, and give you the best input we can. If you do hire one of our attorneys, she or he and our veteran legal staff will help with much of the legal work that otherwise you yourself would have to do. This help usually includes talking with medical care providers and insurance companies for you. We can also begin an investigation of the exact facts and see law the law will apply them your specific case.

Legally established time limits will apply to your case. You should ask your attorney exactly how long you have to make your decision whether to actually file a lawsuit against the other drivers. Texas has a time limit – called its “Statute of Limitations” – which sets how long after your injury you can file a lawsuit. The Texas Civil Practice and Remedies Code, Section 16.003 sets this time limitation at (generally, with a few exceptions) two years.

Why Settlement Negotiations Can Take a While.

After your lawsuit gets filed, The Personal Injury Process in Texas begins.

  • The defendants get served with your lawsuit. They have 30 days to file something in response. They often ask for, and get, an initial grace period of an extra 15 days.
  • Then, each party sends the other written questions. Each party has at least 35 days to respond by sending their answers.
  • Any defendant may well want to have their own doctor conduct a medical examination of the injured party(s).
  • Then there are oral depositions. During these, each side’s attorneys interview witnesses and victims. Depositions may include expert witnesses if they are being hired and called as witnesses by either side.
Negotiations, Then Attempted Settlement

While the personal injury cases you see on TV almost always go on to a trial, the vast majority of real injury lawsuits are financially settled without going to real trial. Settling without a full trial usually saves both money and time, so in most cases it is a preferred strategy for both sides.

After unsuccessful negotiation, then a Trial: Litigation. In a certain percentage of all personal injury damages lawsuits, a trial really is required. Trials end with a verdict. Sometimes, this includes a financial award to the winning party as their compensation for losses and suffering caused by the injury at issue in the trial.

Appeals are very rare.

This is a basic explanation of the Personal Injury Process in Texas. Our attorneys use this process to try and get you the damages award you deserve. We are here to help.

Are you in Corpus Christi? Were you injured in an Auto accident?

Give Carabin Shaw a call. We can help. Call us at 361-444-1111, local if you’re in Corpus Christi.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

The Carabin Shaw Offices in Corpus Christi are located two blocks south of the Nueces County Courthouse in Corpus Christi, Texas.

Our Corpus Christi telephones are answered 24 hours a day, 7 days a week. Call 361.444.1111.

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