Stages of a Texas Personal Injury Case~3 min read

Every year, thousands and thousands of Texans are involved in accidents. They have car crashes, fall off ladders, get bit by dogs, slip, trip and fall, and more. But not every accident rises to the level of requiring a personal injury lawsuit to be filed. Our job at Springer & Lyle is to meet with you and determine if a lawsuit is necessary for your claim. All claims are different and must be evaluated on a case-by-case basis. The stages after the filing of the lawsuit include the following:

Discovery Process

After the lawsuit is filed and the opposing party has filed a response to the initial pleadings, the attorneys can initiate discovery. This may involve:

• Requesting the defendant to admit or deny certain facts and answer written questions under oath.
• Taking the deposition of the witnesses and the defendant. A deposition is testimony of a witness given under oath and transcribed by a court reporter, then bound into a transcript for use at trial and during settlement negotiations.
• Possibly hiring an accident reconstructionist, for example, to prove fault if the personal injury involved a car accident.
• Discovery of any expert witnesses the defense plans on using, obtaining copies of the expert reports, and taking depositions of expert witnesses.

Calculating Damages

Prior to settlement negotiations or trial, a calculation of your damages needs to be made. Damages to which you may be entitled depending on your case include:

• All medical expenses which have been paid or are still owed due to the accident, including expenses you are expected to incur in the future.
• Lost wages due to the accident. This may include future wages expected to be lost. If you have to change jobs or possibly never work again, this will be taken into account in determining lost wages.
• Cost of rehabilitation including physical and occupational therapy.
• Vocational rehabilitation, if necessary, for job retraining.
• Long-term nursing or rehabilitative care if required.
• Pain and suffering.
• Permanent Impairment.
• Scarring and disfigurement.
• Possible punitive damages if the negligent act was particularly egregious or constituted gross negligence.

Settlement or Trial

Most personal injury lawsuits are settled without the need for a trial. When proof of the negligence of the responsible party is strong and the damages have been well documented, insurance companies are usually willing to fairly compensate you for your injuries by settling the case and avoiding the cost of going to trial.

When fair compensation cannot be negotiated, then going to trial may likely be in your best interest. Whether through a pretrial settlement, or pursuing your case through the trial process, the personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940-387-0404 for a free consultation.