There is a lot that goes into handling a personal injury case in Texas. When individuals are hurt or killed due to the negligent actions of another party, the liable party may be held responsible for any resulting damages. Unfortunately, many people who have been injured due to the fault of another person or entity, have never dealt with a lawyer or the legal system at all, but the #HTX Texas Trial Lawyers association are here to assist every step of the way.
Our attorneys have provided a detailed breakdown in order to help our clients understand the legal process and services we provide for them.
Demand Letter: Putting together a demand letter is crucial to setting the right tone for your case since it is the first impression the other side gets of your story and how serious you are about holding them accountable for what they did to you. Before filing a lawsuit and after meeting with you and investigating the facts of your case, your lawyer will send a demand for settlement to the party/parties responsible for your injuries. The letter is reviewed by those to whom it is sent and they will respond by either rejecting it or making a counteroffer.
Filing a Lawsuit: It is very rare for a personal injury case to be settled by sending one demand letter. Therefore, most cases involve filing a lawsuit. Your lawyer will draft a lawsuit laying out the basics of your allegations against the responsible parties and file it in the appropriate court clerk’s office, where it will be assigned to a judge for handling.
Service of Process: In all lawsuits, the party or parties being sued (the defendant) has to be given proper legal notice of the lawsuit. Therefore, the law requires all defendants to be served with a summons that puts them on notice of the matter being filed against them. After your attorney files your lawsuit, the court clerk will issue a summons to be served. The summons can be served by a private process server or a law enforcement officer on the individual themselves; or, if the party is a business, it can be served on its registered agent.
Defendant Files an Answer: Once the defendant has been properly served, they have 30 days to file an answer. Most defendants file what is called a “general denial,” where they deny most, if not all, of your allegations. This is to be expected and is also the reason why discovery is so important to your case.
Discovery is Conducted: During the discovery process, each party may be required to respond to written discovery. In an injury case, subpoenas are often issued for applicable documentation, including medical records and police reports, among others. Your lawyer’s goal with discovery is to gather all available evidence that will be used by either side at trial. This process is lengthy and can take months, if not longer, and includes interrogatories, requests for production, and requests for admissions, among other types of discovery methods.