How to Know When You Should Negotiate a Personal Injury Claim or File a Lawsuit in Houston

When you suffer a personal injury in a car, truck, or another type of accident, it is essential that you recover the appropriate damages for your condition. There are two ways of obtaining the compensation you need to rebuild your life: negotiating a personal injury claim or filing a lawsuit. The method that is best suited for you depends entirely on your unique situation. A skilled Houston personal injury attorney can assess your case and recommend the course of action that helps you obtain the maximum amount of compensation.

What is the difference between a personal injury claim and a lawsuit?

Many people make the mistake of thinking that a claim and a lawsuit are the same thing. They are not. A personal injury claim is an insurance matter where the victim seeks reimbursement from the insurer of the second or third party, or within their own policy. The court is not involved. A lawsuit, on the other hand, occurs when you take another party to court to obtain fair compensation.

Beginning a personal injury claim

The first step in the personal injury claim process is to hire a skilled lawyer. Your attorney can guide you through the process, gather evidence, and consult with witnesses. Your lawyer can then help you file your claim as long as it is within two years from the date of your injury. Next, during the discovery process, your lawyer and the defendant’s insurance adjuster will exchange facts and documentation. At this point, the majority of injury victims negotiate a settlement out of court. Whether that happens with your case depends on the lawyer you hire and the circumstances related to your claim.

Filing lawsuit

In the event that you are unable to negotiate a settlement with the defendant, you may file a lawsuit against them to resolve the matter in court. Your lawyer can handle all the necessary paperwork and represent you in court. Keep in mind that by taking your case to trial, you are asking a jury of your peers to weigh the facts and decide how much compensation you deserve in your personal injury case.

Contact a trusted Houston accident attorney

Ryan A. DeHoyos is proud to represent personal injury victims throughout Texas. For more information on our services, or to schedule a consultation to discuss your case with a skilled injury lawyer, call (832) 745-4878 or contact us online.