What Is The Process Of Filing A Catastrophic Injury Lawsuit?

Have you or a family member experienced a catastrophic injury because someone else was negligent? If so, Texas may offer financial compensation for your suffering through a catastrophic injury lawsuit. This process can be intricate and intimidating; however, it is essential to understand each stage of the proceedings in order to receive enough compensation for medical costs, income lost, and other damages incurred from this devastating event. Our Law firm will walk you through all steps involved when filing a catastrophic injury lawsuit in Texas.

Step 1: Consultation With An Attorney

Taking the initial step of consulting with a professional and experienced personal injury attorney is key when it comes to filing a catastrophic injury lawsuit in Texas. They can take an objective look at your case, evaluate any potential claim you may have, as well as provide guidance on how best to proceed. During this conversation they’ll need information regarding the circumstances behind your injuries, estimated damages incurred, and anything else pertinent. This data will inform them so that they are able to recommend the most suitable course forward while also explaining all legal facets associated with pursuing such litigation claims.

Step 2: Investigation

When the lawyer has established your case to have a legitimate basis, they will need to explore the details of your injury by gathering evidence such as medical documents, accident reports, and witness statements. Additionally, experts in areas like medicine or accidents can be consulted by the attorney so that an even more robust argument is constructed.

Step 3: Filing The Complaint

When the process of investigation concludes, your lawyer will submit a complaint in civil court on your behalf. The complaint is an official document that outlines all the relevant facts regarding the case and provides legal justification for bringing forth this lawsuit. Moreover, a copy of this complaint along with an order to appear in court shall be served to whoever is listed as the defendant in it.

Step 4: Discovery

Following the filing of a complaint, both parties enter into an information-gathering phase referred to as discovery. Documents and evidence can be requested from either party through strategies such as written requests or depositions. This process is created to assist each side in forming their case strategy while understanding where their opponent’s stance may lack strength.

Step 5: Mediation

Before a trial, the parties involved often make an effort to settle the case via mediation. During this process, a mediator who is impartial works with both sides in order to achieve an agreement that satisfies everyone’s needs. In cases where all issues can be resolved and consensus achieved through mediation, there will be no need for further legal action such as going to court. If it becomes evident that settlement cannot occur, however, then the matter must proceed forward toward a trial instead.

Step 6: Trial

Should the case go to court, both sides will have the opportunity to display their evidence and arguments before a judge or jury. The individual bringing forth the case (i.e., the plaintiff) must prove that it is due to another’s negligence that they experienced injuries resulting in damages such as medical costs, lost income, pain, and suffering, and any other additional losses connected with the said injury. If successful in demonstrating this claim of negligence against the defendant(s), then it is up to a judge or jury to decide how much recompense should be awarded them accordingly.

Step 7: Appeal

After a verdict has been delivered, either side may challenge the decision by appealing to a higher court. The grounds of their appeal can involve procedural faults, legal misapplication, or any other relevant issue. If an appeal is successful, there are two possible solutions: retrial or settlement negotiation.

Filing a catastrophic injury lawsuit in Texas can be an arduous and convoluted process, but it is necessary to secure the funds needed for medical bills, lost wages, and other expenses. A personal injury attorney with experience in these matters can help victims to successfully traverse through this legal system so that they have the best chances of obtaining justice. If you or someone close to you has been injured catastrophically, it’s essential that you speak with one of our skilled Texas Catastrophic Injury Lawyers! We are offering complimentary consultations and will review your case, answer all questions free of charge, and help you decide the best course of action. Our guarantee is that if we take on your case, no up-front or out-of-pocket expenses will be required — plus a fee won’t be collected unless monetary damages are achieved in your favor. Even then, should results not be obtained there won’t be any cost for our services!