How Does a Personal Injury Lawsuit Work in Texas?

How Does a Personal Injury Lawsuit Work in Texas? | McKay Law

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Individuals in cars, trucks, commercial vehicles, motorbikes, and bicycles, pedestrians, and those who trip and fall can all be injured in accidents. If your injuries are severe, you have a mountain of medical debt, and you lost income from missing work, you may have a claim for damages from the negligent person at fault for your accident.

You may be entitled to seek compensation to pay for your medical and hospital expenses, lost wages, and other costs if you feel that someone else’s negligence or wrongdoing contributed to your injury. Finding out who is financially responsible is the first step, followed by filing a claim with the right insurance provider.

You might need to file a personal injury lawsuit to seek redress if the insurer contests your claim or refuses to make a reasonable settlement offer. An experienced personal injury attorney can analyze the circumstances of your accident and explain your legal alternatives to you.

For more than 20 years, McKay Law in Sulphur Springs and Dallas, TX, has assisted accident victims in pursuing justice and fair recompense. McKay Law is knowledgeable, empathetic, hospitable, accessible and listens.

We assist you in gaining an understanding of what to anticipate at each stage of personal injury litigation and help you with property damages, medical treatment, rent car, etc. To learn more, get in touch with us or contact Call (903) 465-8733 at any time.

Your Personal Injury Lawsuit 

A personal injury case depends on the type and severity of your injuries. You must provide evidence to demonstrate that the accident that caused the bodily, emotional, and monetary harm you experienced was someone else’s fault. You’ll need proof of your expenses for medical care and any loss of income as a result of your injuries.

You must be fully recovered and aware of your anticipated long-term medical requirements as a result of the injury in order to produce a reliable estimate of your medical costs.

A skilled lawyer can also assist you in deciding how much compensation to demand for the pain and suffering you have experienced. Quantifying compensation for pain and suffering is more difficult. If you choose to handle your lawsuit yourself, you’ll increase your chances of success.

How to Choose the Best Personal Injury Attorney?

Ask your friends, relatives, and coworkers for names of personal injury attorneys. You can also look into regional lawyer referral services. Look for personal injury attorneys who have won cases involving accidents like yours. For instance, if you were hurt in a car accident in Dallas that was the fault of another driver, you should look for a personal injury lawyer who has experience litigating car accident cases.

Once you have shortlisted a few potential attorneys, you should read Google reviews, look at client testimonials, and determine a firm’s Better Business Bureau (BBB) rating. McKay Law has 84 Google reviews and averages 5.0 out of 5 stars. We are pleased to receive an A+ rating for our law practice.

After you have selected McKay Law as your lawyer, our attorney’s will gather evidence and draft a demand letter to be sent to the insurance provider of the party who caused the accident.

The demand letter details their financial liability for the mishap and specifies the amount of money you should be awarded as damages for your losses and injuries. It stipulates a date for making the necessary payment and warns that you will file a lawsuit if the money is not received timely. 

Any subsequent negotiations after the demand letter are handled by McKay Law. The next step will be to file a lawsuit after fruitless negotiations.

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How to File a Lawsuit for Personal Injury in Texas 

When you file a lawsuit in Texas, there are precise procedures you must strictly follow. You’ll be referred to as the plaintiff. Which Texas court will have jurisdiction over your personal injury case will be decided by your attorney. In that court, your lawsuit will be presented. 

The litigation is filed by the complainant. The listed defendant in a Texas civil personal injury case typically has 21 days to respond. The defendant may elect to remain silent, submit a request to dismiss the case, or submit a motion for additional details. The defendant may also elect to try settling out of court through discussions or file a countersuit.

Discovery Method

Both sides exchange information, pose inquiries, and have the chance to analyze the case’s evidence during the discovery phase of a lawsuit. Interrogatories, requests for admission, requests for production, and depositions are the four types of discovery. The litigation is time-consuming at this point. Both parties must wait for the other’s interrogatories’ answers before scheduling and conducting depositions of doctors, other medical experts, and witnesses, reviewing documents produced in response to requests for production, and more. Deposits may take many months.

Arbitration or Trial

Trial is scheduled if a settlement cannot be reached. If you’re asked to testify in the case, your attorney will help you prepare. It is your responsibility as the plaintiff to support your claims. The opposing side has the chance to refute the proof you offer. The court will determine whether you have proven your case by a majority of the evidence following each side’s closing arguments. In the event that the court rules in your favor, compensation can be granted.

Decision and Appeals

If the court erred in how it handled the case, you might be able to appeal the verdict if you lost the trial. If you don’t feel the outcome was just and fair, you can’t merely appeal. To appeal, there must be a procedural error, an evidence admission error, or some legal justification. If the court accepts your appeal, they will review the trial materials and decide whether to uphold the result, reverse it, or send the case back to the initial trial court for further proceedings.

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Our Skilled East Texas and Dallas Personal Injury Lawyers Can Help

Working with a personal injury attorney like McKay Law, whose judgment and experience you trust, is essential if you’re thinking about bringing a personal injury claim. You can consider the costs, benefits, time commitment, and danger of pursuing a lawsuit with the aid of an attorney.

At McKay Law, you pay nothing unless we win. Your decision-making process will be enhanced if you are aware of the potential risks/rewards and what to anticipate. At McKay Law, our attorneys can assess your case using their years of experience.

We may go over your legal alternatives during a free case review so that you can decide whether to file a personal injury claim after being fully informed. Requesting a free case review is no risk for you.

You deserve a personal injury attorney who has the knowledge and expertise necessary to manage your case and win maximum compensation for your injuries. The attorneys at McKay Law in East Texas and Dallas are devoted and knowledgeable experts.

McKay Law is a group of real people who treat our clients like family and we can help you acquire the money you require to rebuild your life after a catastrophic injury. Contact us for a free consultation at (903) INJURED – Call (903) 465-8733, or submit your case for a free case review.


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About McKay Law

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Caleb Moore
Caleb Moore
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This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!
Amy Patterson
Amy Patterson
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McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
Alexandra Serrano
Alexandra Serrano
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She, was very helpful she gonna fights for your right !!! Awesome lawyer and company’s 👍🏻👍🏻👍🏻👍🏻👍🏻👍🏻
Carmen Montoya
Carmen Montoya
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Lindsey and her team were very professional! I am so thankful to have had them work on my case.
Jenny Wakeland
Jenny Wakeland
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Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
Cobbie Johnson
Cobbie Johnson
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Very professional greatest law firm I’ve ever worked with.

Why McKay Law?

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Injuries, pain, the stress of life, the case, finances – We want to know you and be the voice to tell your story for the best results.

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We have a long line of success and a team that has worked together for decades and has perfected and streamlined the process; making something stressful and painful as seamless and easy as possible.

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McKay Law has an in-house specialist guiding our personal injury clients on medical treatment. Read more about our Texas Nursing Board Certified Nurse and How We Assist.

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Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

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You may be owed money. 

Call our Personal Injury Lawyer now: (903) 465-8733 or use the form below. You can also calculate your total damages for settlements.