Being injured in an accident is a traumatic experience and, when someone else’s negligence is the cause of it, the law allows you to pursue damages to cover the costs associated with this terrible incident. In Texas, you have two years to file a personal injury lawsuit in the state’s civil court system, so it is crucial not to postpone legal action. If time runs out on your claim, your case will not be heard in court and you will lose your right to compensation.
However, there are some exceptions to this rule. If the injured person is under the age of 18 or not of sound mind at the time of the accident, the statute of limitations will not begin until the period of disability is over. Additionally, if the individual who is responsible for the accident leaves the state before a lawsuit is filed, the statute of limitations will not continue until the defendant returns.
You are not required to hire a San Antonio personal injury attorney to handle your case. That said, not hiring one will put you at a major disadvantage, so it is in your best interest to seek skilled legal guidance. Without an attorney, you can expect the at-fault party’s insurance company to draw out the process or pressure you into accepting a low-ball settlement offer. The last thing you want is to sign off on an offer that does not adequately cover the costs associated with your injuries.
Once you hire experienced representation and begin the process of filing your personal injury lawsuit, you will work on drafting a demand letter with your attorney. In it, you will describe the reasons why the company should settle, including a detailed account of your injuries. If they do not agree to your demand, this will kick off the negotiation process.
Although most personal injury lawsuits are able to settle outside of court through skilled negotiations, some insurance companies are unreasonable and refuse to budge. As a result, the case will go through the litigation process. If your personal injury lawsuit goes through litigation, it will involve several more steps, such as the discovery phase and pre-trial motions. However, even throughout the litigation process, negotiations can continue. If the insurance company believes they are losing ground, it is likely they will be open to a reasonable settlement that adequately compensates you.
Regardless of the precautions many of us take to avoid injuries, accidents happen, especially when those around us behave recklessly. Our San Antonio accident lawyers at The Aguirre Law Firm, PLLC, have the experience and skill to fight on your behalf. If we cannot settle your claim out of court, you can rely on us to effectively litigate your case before a judge. We understand the difficulties you are facing in the aftermath of this event and will do what we can to set you on the path toward recovery.
Contact us today at (210) 922-0808 to schedule a free consultation.
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