If you have been injured due to the negligence of someone else, it’s hard to know the next steps to take. This is where a personal injury lawyer in Austin comes in, helping clients who have suffered injury from a variety of causes. An Austin personal injury attorney will help clients who have been injured due to medical negligence, construction site accidents, truck accidents, automobile wrecks, wrongful deaths, birth injuries, and more.
While all personal injury cases are a bit different, they should all follow a similar pattern. First, it’s important to note that getting a lawyer does not mean you will definitely be going to court. In fact, most clients will actually settle claims out of court, which can save you both the time, expense, and stress of a trial. While no two cases are the same, don’t be afraid to seek out a personal injury attorney because you are nervous about going to court.
To begin, your lawyer will spend much of their time handling the paperwork and gathering evidence for the case. This could mean getting witness statements, taking photographs, tracking down official reports, and more. This helps to verify how the accident happened, and firmly establish who was at fault for it, which can inform your attorney
on if there is a case to move forward with or not.
If you have received medical care, your lawyer will not be able to go further in the case until they have been notified that you have been released from care or your condition has stabilized. Once that happens, they will begin to gather medical records and other relevant information to try to understand the amount of damages that may be warranted. We encourage you to seek medical condition immediately after the injury has occurred. Without medical proof, it is more difficult for your lawyer to proceed with your claim.
If there is an insurance company involved, your personal injury attorney will contact them to try and get an offer to quickly settle the case. If they are not able to obtain a fair settlement, this is when your attorney will officially file a lawsuit or demand arbitration (an agreed decision). The defendant, the party at fault on the other side of the case, would then have 30 days to respond to the lawsuit or arbitration filed.
If your case does get this far, the next step is the “discovery” proceedings. Discovery is an opportunity to obtain information from different parties or witnesses involved in your case. These often include things such as the depositions (sworn statements) of the involved parties, witnesses, or experts to the event. Do not be nervous, as your lawyer will assist you every step of the way! This can be a very time consuming, often expensive portion of the case, due to the amount of time and work involved.
After discovery, your lawyer will request a trial date, which is then dependent on the Court system. The main influence of how long or short the time-frame between the discovery and trial is, is how busy the Court is at the time. From there, your attorney will either assist you in trial, or continue to try and work on a settlement if one is sought.
The Lawyer Referral Service of Central Texas in Austin is a non-profit organization that can help match you with a personal injury attorney. Your initial consultation is always free! If you have suffered an injury due to negligence, contact us to let us help you and our helpful intake staff will guide the way.