What to Expect in a Texas Personal Injury Lawsuit: Step-by-Step Guide

Suffering an injury because of someone else’s negligence can turn your life upside down. Beyond the pain and medical bills, you may face lost wages and long-term recovery. In Texas, you have the right to seek compensation through a personal injury lawsuit—but many people don’t know what to expect from the legal process.

This step-by-step guide breaks down how a Texas personal injury lawsuit works so you can feel more prepared and confident moving forward.

Step 1: Initial Consultation with an Attorney

The process usually begins with an initial consultation. During this meeting, your lawyer will review:

The details of your accident
Available evidence (police reports, medical records, photos)
Whether you have a valid claim

Related Resource: Learn What You Should Know About Filing a Personal Injury Claim in Texas for a deeper look into the filing process.

Step 2: Investigation and Gathering Evidence

Your attorney will gather all the evidence needed to support your claim, including:

Medical records
Witness statements
Expert evaluations (such as accident reconstruction)

This stage is crucial to proving negligence and calculating damages.

Related Resource: If you were in a car crash, read Car Accidents in Texas: What to Do Immediately After a Crash to understand the steps you should take right away.

Step 3: Filing the Lawsuit

If negotiations with the insurance company fail, your lawyer will file a lawsuit in the proper Texas court. This document, called a petition, outlines your allegations and the compensation you’re seeking.

Step 4: The Discovery Phase

Discovery is when both sides exchange information about the case. This can include:

Interrogatories (written questions)
Depositions (sworn testimony)
Requests for documents

This stage ensures both parties know the evidence before trial.

Step 5: Negotiation & Settlement Talks

Most Texas personal injury cases settle before trial. Insurance companies often prefer to avoid the costs and risks of going to court. Your lawyer will negotiate on your behalf to secure the best settlement possible.

Related Resource: Read How Insurance Companies Devalue Personal Injury Claims (and What You Can Do About It) to understand common tactics insurers use.

Step 6: Going to Trial (If Necessary)

If no settlement is reached, your case goes to trial. A judge or jury will hear evidence and determine:

Whether the defendant is liable
How much compensation you should receive

Trials can be stressful, but they may be necessary to achieve justice.

Step 7: Receiving Compensation

If you win your case or reach a settlement, compensation can cover:

Medical expenses
Lost wages
Pain and suffering
Long-term care needs

Final Thoughts

A Texas personal injury lawsuit may seem intimidating, but with the right legal team, you’ll have guidance every step of the way. From filing deadlines to settlement negotiations, understanding the process empowers you to protect your rights and pursue the compensation you deserve.

At the Law Office of Silverio Martinez, we are committed to standing by your side throughout your case.

Contact us today at (956) 724-5047 to schedule a free consultation and discuss your legal options.

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