Life Cycle of a Personal Injury Claim in Texas – What to Expect of Your Personal Injury Attorney.
At Mandy Rodriguez Law, our personal injury law firm believes that providing each client with an understanding of the legal process and knowing what compensation to expect are crucial steps in recovering from an accident. We begin this process during the first consultation where every client meets with me to explain and guide them through the phases of their personal injury claim. Those phases include: explaining the life cycle of a personal injury claim, discussing and discovering the best interests of my clients, ensuring they understand the language and terminology of personal injury law, and how these fundamental points apply to their personal injury claim. Legal Process for Personal Injury Claims Every personal injury claim begins the same: a person is injured by the negligence or wrongful act of another person or entity. Not everyone who is injured hires a personal injury attorney to assist with resolving their claim, but every person who is injured is entitled to hire a personal injury attorney if the victim finds it necessary. After our first consultation, the personal injury claim process begins with an evaluation of your case, where we gather all relevant information about the claim and your resulting personal injuries. This process may include obtaining police reports, videos, requesting medical records and bills, or contacting all potential witnesses. This point in your personal injury claim is vital in order to build a strong case. The most asked question at Mandy Rodriguez Law is “Has a claim been filed?” Because I’m asked this question so often, I believe it is because the life cycle of a personal injury claim is not fully understood by clients. Almost all personal injury claims follow the same steps, beginning with the injury, opening a claim, treatment, requesting medical bills and records, sending demands, and finally negotiating. Filing a personal injury claim begins when a client is injured and hires our law firm. We contact the insurance company to notify them of the claim, send our notice of representation, and receive a claim number. Opening a personal injury claim only puts the insurance company on notice that an injury has occurred and our law office represents the client. A personal injury claim should not be negotiated or settled until all treatment has been completed and we have all of the medical bills and records. To negotiate and settle a personal injury claim before treatment has been completed or we have all of the bills and records would not provide us or the insurance company with a full and complete picture of the entire personal injury claim. Speaking of negotiations, this is the phase where offers and negotiations are finally able to begin. At Mandy Rodriguez Law, we allow the insurance company three weeks to review medical bills and records, along with our demand. I always refer to this as the beginning of the football game and the demand is just the kickoff. During this three week period, the insurance company may ask for additional or missing information and provide an offer for the personal injury claim. When an offer is provided, our office always communicates all offers and reviews all information about the case to assist the client with making a decision to reject or accept the offer. Negotiations can take some time, depending on the responsiveness of the client and the insurance adjuster. Of course, to accept or reject any offer is always the decision of the client. If a personal injury claim is not settled during the negotiation phase, a lawsuit can be filed to get the personal injury claim resolved. All personal injury claims at Mandy Rodriguez Law always begin and are investigated as if the case will go all the way to trial to get resolved. Almost all lawsuits begin with a petition. I call the petition a “POP,” which stands for Plaintiff’s Original Petition; the client is the Plaintiff. Once the POP is recorded with the appropriate court, a process server delivers a copy of the POP to the defendant; this is the person who caused the injury. The defendant will then be able to file their answer with the court. After the defendant responds, discovery takes place, which I like to call the “paper game.” I call it this because each side is allowed to ask questions and request documents from each other, and there is quite a bit of paper exchanged. Depositions and mediation also take place during this phase in an effort to obtain more information and get the case resolved. During this entire phase, Mandy Rodriguez Law works to get the personal injury claim resolved prior to trial. Overview of Personal Injury Claims Don’t Delay! Filing a Lawsuit in Texas for Personal Injuries In Texas, personal injury lawsuits must be filed within two years from the date of the injury. However, there are some exceptions that may apply. This statute of limitations is important, and not filing a lawsuit before this deadline can prevent an injured person from ever receiving any compensation for their personal injury claim. Therefore, it is essential, important, and critical each injured person contacts a personal injury lawyer as soon as possible after their accident. Educating Each Client About Personal Injury Law in Texas The Mandy Rodriguez Law Firm believes in passionately representing each injured client as well as educating them about personal injury law. We believe that a complete understanding of the legal terms, the legal rights of an injured person, and the possible outcomes of a personal injury claim can ease the stress associated with each client’s personal injury claim and possible legal proceedings, such as a trial. Our goal is to always listen to each client’s full story, make every effort to be available to answer or discuss details about the personal injury claim, negotiate to increase a personal injury settlement offer, close each personal injury claim with more money in the client’s pocket than you had when we started, give each client more than 110% effort, and our firm