Personal injury cases are some of the most common civil cases filed in Texas courts. In 2021 alone, over 6.9 million civil cases were started in the state, with 6.4 million resolved during the year. Over the last five years, personal injury and medical malpractice cases have increased in volume, although cases involving motor vehicles, product liability, and professional malpractice have decreased.
With so many filings, there is a delay in resolving these cases. Here is where a skilled and experienced personal injury lawyer really can make a difference in guiding clients through the often confusing process of seeking justice. Here is where Burwell Nebout might be the right personal injury lawyers for you.
A personal injury case is a civil suit claiming damages to a person, property, or reputation caused by another’s negligence or failure to abide by statutory or administrative regulations. The fastest results occur when a settlement can be negotiated before filing suit. However, it is important to be represented by an experienced Texas personal injury lawyer because lawyers for insurance companies, who usually represent the defendants, will undervalue the case in an attempt to save money. To protect all of your options, it’s essential to consult with a League City, Texas personal injury lawyer quickly, so that evidence can be preserved, injuries can be properly documented, and a full investigation conducted while witness memories are still fresh. You can trust the personal injury lawyers at Burwell Nebout to listen and assess your claim in a transparent and compassionate way.
With the volume of civil cases filed, the resolution of a personal injury claim can take years if it actually goes to trial before a jury in League City, Texas, and elsewhere throughout Texas. That’s why hiring an experienced personal injury lawyer, like Burwell Nebout, quickly is important to finding a fair and swift resolution of your claim. Most personal injury cases never go to trial but are settled after an assessment of the evidence can be conducted by the parties’ lawyers. The civil process of pre-trial hearings and discovery is intended to open avenues for negotiation throughout the process. Judges, too, participate in negotiations to try to resolve these cases before the expense of a trial.
A personal injury case evolves through stages.
First Meeting With a Personal Injury Lawyer: As soon as possible after the injury has occurred, you should seek counsel with a skilled and experienced personal injury attorney. Most personal injury attorneys, including Burwell Nebout, offer free initial consultations and take these cases on a contingency fee basis. That means that you don’t pay anything—no attorney’s fees or costs of suit—unless the claim is successful. Then the lawyer will take an agreed percentage of the settlement or verdict after the deduction of the costs of the suit. At this first meeting, you get to feel out the lawyers, and allow the lawyers to assess the strength of your claims. All of these discussions are protected by attorney-client privilege and will stay confidential, even if you end up hiring another lawyer.
Once you have chosen your personal injury lawyer, you will be asked to sign a retainer agreement that sets out the terms of representation and the terms of any contingency fee arrangement.
Investigation and Demand Letter: Your personal injury lawyer will conduct an investigation of the circumstances surrounding your claim of injury. This means gathering together all of the medical reports, loss of income, property damage, and residual health claims. Once a full understanding of your loss is determined, a demand letter will be composed and delivered to the attorney representing the defendant, or its insurance company, demanding payment for your current and future losses. The timing of the demand letter is important, so that all resulting consequences of any incident can be included in the demand amount. This is often the first opportunity to settle a case before filing suit in a court of law.
Filing Suit and Discovery: If no settlement is reached, then your personal injury lawyer will draft a complaint and file it with the appropriate court to begin an official lawsuit. The defendant will have to answer the complaint and file that answer with the clerk of the court. This begins the pre-trial process of discovery. Both sides can request the production of evidence, documents, names of witnesses, and names of expert witnesses. These documents are important to identifying the witnesses who can be subpoenaed to testify under oath at pre-trial depositions. As the stories unfold and the reliability of witness testimony is assessed along with physical evidence, there are other opportunities to negotiate a settlement with the other side.
Trial: Very few cases go to trial in personal injury cases. The ones that do go to trial are usually complex and involve disputed testimony or law that needs to be resolved by a judge or jury, or appellate court. Personal injury trials can last a few days, or a few weeks, or in extraordinary cases, a few months. Once a verdict is delivered by the judge or jury, there are post-trial motions and appeals that might further delay resolution, or might push the parties into a negotiated settlement. Hiring an experienced personal injury lawyer with considerable trial experience means that your lawyer has all options open to resolve your case favorably. Burwell Nebout personal injury lawyers have years of experience and a vast resume of successes.
Verdict and Appeal: Once a verdict is issued by a judge or jury, and a judgment for damages is ordered, the defendant can pay up, or appeal. An appeal is certainly allowed, although it further delays the resolution of a claim.
A good personal injury attorney with a reputation for fierce representation, informed advocacy, and track record can pressure the defendant to settle a claim earlier in the process, which of course, benefits you and your family. Part of your initial meeting should include a discussion of the lawyer’s experience and success in your type of case. Russell G. Burwell III, James D. Nebout, and Theresa A. Lynn have the experience, the savvy, and the reputations that can speed up the resolution of your claim.
Your personal injury claims require professional assessment and advocacy, the kind of legal representation that you will find at Burwell Nebout. We have been protecting the rights of clients in League City and the surrounding area for years, and we have an impressive track record in obtaining substantial settlements in a timely manner.
No one should try to go it alone when confronted with serious injuries. We will help you through this complex, and often stressful time. Contact Burwell Nebout personal injury lawyers today at (281) 645-5000 for a free and confidential consultation about your case.