Before setting off to file a personal injury claim in San Antonio, you must first know what distinguishes a claim from a lawsuit. The two terms are often used interchangeably, but a personal injury claim is a different legal action from a personal injury lawsuit.
A personal injury claim is a demand made to a negligent or at-fault party’s insurance company for money to cover damages caused by an accident. Personal injury claims are not court actions.
Insurance companies typically assign claims to an adjuster. The adjuster will investigate the claim and determine whether to accept, deny, or make an offer to settle with the claimant.
When a personal injury claim does not settle in negotiations, it may move to courtroom litigation. Personal injury lawsuits are legal disputes before a civil court.
Attorneys for both the injured party and the at-fault party or plaintiff and defendant present evidence, and the court decides a winner. Lawsuits, while sometimes necessary, can be time-consuming and risky for both parties.
It is prudent to seek the advice of an experienced San Antonio personal injury attorney before filing an insurance claim. Personal injury attorneys will typically evaluate your situation at no cost and offer you legal advice regarding your chances of accident recovery.
When you retain a personal injury attorney, they may do any of the following on your behalf:
Insurance companies are more likely to take your claim seriously if you have an experienced personal injury attorney working for you.
Personal injury claims are complex and evidence-based. Many require support from expert witnesses like accident reconstructionists, financial analysts, and medical doctors to prove liability and total losses.
The first step in any personal injury claim is evidence collection and evaluation. This will reveal all parties who bear responsibility for your accident and injuries.
Next, a demand letter is sent to any insurance companies stating who caused your accident and why you believe they are legally responsible for your losses. Demand letters include a compensation amount and deadline to pay.
If there is no response to the demand letter, a complaint letter is sent to the appropriate court. A complaint letter sets forth both parties’ information and the reason for a lawsuit. It also details the facts of the matter and any compensation demanded.
Once a lawsuit is filed, an insurer will typically file a response or a counterclaim. From this point, the parties may choose to settle outside of court or begin trial preparations.
Most personal injury cases settle before trial. In fact, the majority never reach the lawsuit stage, rather they settle in negotiations.
No matter how your case proceeds, there are time limits to recover compensation for a personal injury in Texas. The deadline varies based on case type so it is vital to contact a personal injury attorney for advice immediately following an accident.
When you need an experienced San Antonio injury attorney to stand up for you, call The Aguirre Law Firm, PLLC. We are a Texas law firm with decades of experience founded on personal service and representation.
Find out why The Aguirre Law Firm, PLLC, is highly recommended by both former clients and other law firms. Meet with one of our bilingual attorneys at your convenience today!
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