Your ability to successfully navigate the legal system and get results in your personal injury claim is directly influenced by whether or not you hire a compassionate yet aggressive legal team. The personal injury attorneys of J.D. Silva & Associates are experienced in helping injury victims successfully file claims that adequately provide for their needs following a personal injury.

To understand more about how the legal process will go, we must first answer two questions: what is a personal injury claim, and what is the full process in Texas?

Personal Injury Claims

A personal injury claim is a legal action that allows an injured party to seek financial damages for their losses resulting from a civil wrong from the responsible party or parties. In order to lodge a claim for damages as the result of an injury, the victim must be able to prove the elements of a negligence cause of action – duty, breach, causation, and harm.

Duty of care: The victim must be able to show the defendant owed them a duty of care to behave in a reasonable manner to ensure the safety of others.
Breach of the duty of care: The plaintiff and their lawyer must present evidence showing how the defendant failed to meet their duty of care through their actions or inactions.
Causation: The plaintiff must then also show that the breach caused the victim harm or damages using medical records, police reports, and other evidence.
Harm: Often called damages, the plaintiff presents a list of the financial and subjective ways they were harmed as a result of the personal injury.

Consider a car accident where one person was driving drunk. The plaintiff should show the at-fault driver owed a duty to others to drive safely but breached that duty by getting behind the wheel after too many drinks. They also went too fast for conditions and t-boned the plaintiff, leaving the plaintiff with a broken arm, broken leg, and traumatic brain injuries. The plaintiff can request damages for the harm they suffered in the form of medical bills, lost income, plus physical and cognitive disability.

Supporting Personal Injury Claims

Every personal injury claim needs documentation backing up the injuries and proof that the injuries resulted from the at-fault party’s actions. With any personal injury, if you are physically capable, collect the following information to support your claim:

Photos of your injuries
Photos of what caused your injuries, such as torn carpet, loose boards, the dog that bit you, or the vehicles involved in a car accident
Names, addresses, and phone numbers of any witnesses to your accident
Documentation of the time and date
A copy of the police incident report
Contact information for the at-fault party’s insurance company
Information of the company a driver works for if they are on the clock when a motor vehicle accident occurs
Injuries That Give Rise to a Personal Injury Claim

Other situations that can give rise to a personal injury claim include but are not limited to:

Work injuries
Construction accidents
Assault or other crimes
Domestic violence
Commercial truck accidents
Pedestrian, bicycle, e-bike, and e-scooter accidents
Dog bites
Slip and fall accidents or premises liability claims

Negligence occurs in many forms, and its results can affect your health and financial stability. A personal claim allows you to seek compensation to cover your losses suffered as a result of the injury-inducing event. You can also request financial acknowledgment of your pain and suffering, which can be substantial based on your circumstances.

Types of Damages an Injury Claim Covers

A personal injury claim will seek to cover the economic costs and other losses you suffered as the result of an accident. These damages will include items easily quantified by a dollar amount, such as medical bills, medications, transportation to doctor’s visits, and the cost of hiring assistance to complete the daily tasks you usually are capable of but cannot tackle because of your injuries.

Some damages are more challenging to quantify. These injuries can include pain and suffering, loss of enjoyment of life, and emotional trauma. Quantifying these losses with a dollar is hard to impossible to do without the guidance of an experienced personal injury attorney. However, you deserve every penny for your pain, permanent disability, and other intangible losses.

In Texas, you may also be eligible for exemplary (sometimes called punitive) damages. Under Section 41.003 of the Texas Civil Practice and Remedies Code, if the personal injury action was egregious, intentional, or the result of fraud, the court may decide to award you additional damages intended to punish the defendant harshly. Your attorney can request exemplary damages, but they bear the burden of providing proof of how the personal injury met the criteria.

The Process of Filing a Personal Injury Claim in Texas

While you are in pain and recovering from your injuries, you may find the personal injury claim process in Texas confusing. In most situations, you will file a claim against the at-fault party’s insurance company to be able to receive compensation. For example, if you were in a car crash, you’d contact their auto insurance provider. If you were hurt on someone’s property, you’d get in touch with their premises liability insurance company.

If that goes well, you may get the settlement you need and consider the matter closed. However, in many cases, the insurance company may not cooperate, and you may need to continue the process of pursuing a personal injury lawsuit. This includes the following:

Your attorney will likely file a lawsuit before negotiations are complete to encourage the insurer to offer a better settlement more quickly and ensure you do not miss the Texas statute of limitations.
If the negotiations don’t bring a satisfactory resolution, your lawyer will proceed to trial, keeping the communication lines open for continuing settlement discussions.
Your lawyer will present evidence of the four elements of negligence to the judge and jury, delivering a compelling story of how you were injured and the value of your damages.
The court decides your case, which can result in you receiving the damages you requested, with the potential for exemplary damages.
If your case is not successful, your attorney can file an appeal to another court so a different judge can hear your claim.

Why Not Just Take the Insurance Company’s First Offer?

Filing an insurance claim sounds uncomplicated, and you will likely be contacted by an insurance adjuster who appears sympathetic and eager to settle your claim. However, there are many reasons why you should neither speak with nor negotiate with an insurance company – or accept the first offer they make – without consulting with a personal injury claim lawyer first. Here’s why:

Insurance companies will try to pay you as little as possible for your claim, starting negotiations with lowball settlement offers.
Personal injuries often require ongoing medical attention, and the amount offered by the insurance company may be inadequate to cover those expenses.
The depreciated value offered for your damaged items cannot adequately replace the lost goods.

If your personal injury losses can be settled by an insurance claim, those losses cannot be revisited later when unexpected expenses continue to trickle in. A personal injury claim attorney with J.D. Silva & Associates can help you determine the appropriate amount of compensation for your losses and demonstrate your losses to the insurance company so that it takes your injuries seriously.

Each insurance company sets guidelines for how long you have to notify them of when an accident occurred. However, you should never be forced or coerced to make a statement, and a Texas personal injury attorney can represent you in your claim to prevent your words or opinions about the accident from being misconstrued and used against you.

Who Pays for Damages in a Personal Injury Claim?

The at-fault party’s insurance company should pay your claim for damages. However, if the insurer refuses to pay the total amount of coverage, it is insufficient to pay for all of your losses. You can file a claim with your own insurance company. If the at-fault party does not have insurance, your personal insurance coverage may help, or you will need to explore filing a civil lawsuit against those responsible.

How a Personal Injury Attorney Can Help With Your Claim

Hundreds of Texans are injured daily by accidents due to negligence. Treating your injuries can be costly, and your successful recovery can be directly related to the compensation you receive for your injuries. These circumstances can lead to injured victims not receiving the care they need.

While some personal injury claims will end with a settlement, you want and need full and fair compensation for your injuries. The trial lawyers of J.D. Silva & Associates are compassionate advocates for your needs and aggressively work to ensure insurance companies take your claim seriously. We are here to:

Negotiate the terms of your claim.
Ensure your claim is adequately documented.
Speak with insurance companies on your behalf.
Navigate complex claims or claims that represent a significant loss.
Counter unfair settlement offers.
Support you during any mediation or alternative dispute resolution process.
Discuss the legal alternatives when further action is needed.

A personal injury attorney with our law firm will offer you and your loved one’s support so you do not have to make difficult decisions alone.

Speak With J.D. Silva & Associates About Your Claim

As you begin the claim process, you will likely have questions, and you want sound answers that offer direction and clarity. J.D. Silva & Associates wants to hear from you and ensure you are compensated appropriately in your personal injury claim. Approach a personal injury claim confidently by working with our legal team.

Our personal injury lawyers have experience successfully making challenging decisions in complex situations, and we are here to help. Contact us to see how we can help with your case.

What is a Personal Injury Claim?