Anyone who has been the victim of a personal injury has the right to represent themselves in a subsequent lawsuit. However, the best strategy for winning the full compensation that you need will require retaining legal counsel. The right attorney will fight for a fair settlement or court judgment in your favor.
The Houston law firm of Hernandez Sunosky, LLP represents victims of car accidents, workplace accidents, and more. Find out how our dedicated and experienced personal injury attorneys can serve you.
Legal Knowledge: The Foundation of a Good Case
Of course, the most obvious reason you would want to hire an attorney is to have someone with extensive legal knowledge representing you. But experience goes beyond understanding Texas personal injury statutes. Your attorney needs to also know:
- Court opinions which interpret and apply the statutes and may have relevance to the unique facts of your case
- Rules of civil procedure which govern each stage of the civil litigation process, such as pleadings, motions, and service of court documents
- Discovery, a specific subset of the rules of civil procedure which govern the formal request and exchange of relevant documents and information
- Rules of evidence which pertain to relevance, hearsay, and the grounds for which the court will either admit or deny evidence at trial
- Local court rules in Houston, which control the proceedings in your courthouse
Failure to understand these rules and their often nuanced details will severely hamper you and could ultimately jeopardize your case.
Communications and Negotiations With Insurance
Most personal injury lawsuits settle out of court through negotiations between the plaintiff and the insurance companies that represent the at-fault parties. This typically takes place during mediation, an out-of-court process in which a neutral third-party mediator helps the parties compromise and reach a mutually agreeable settlement.
You have the right to have a Houston personal injury attorney present with you during mediation, and it’s strongly advised that you do. Your attorney can make and review offers and counter-offers to settle, explain the legal consequences of accepting or rejecting certain terms, and generally assist as you decide whether to settle or proceed to trial.
Your lawyer can also handle all communications with the insurance companies so you can focus on recovering. Speaking with the insurers on your own is not advised because their adjusters and representatives are trained to extract information that they can use against victims. Their interest is their bottom line, not your well-being, so let an attorney handle communications.
Valuing Your Case
It’s important to understand that once you settle your claim or the court renders a judgment, the case is over. You will not get to ask for more money later if your injuries turn out to be worse than you initially thought. Determining the true value of your legal damages is therefore of utmost importance.
Most personal injury victims can ask for the following:
- Medical bills, including for reasonably estimated future expenses
- Lost income due to time spent recovering
- Reduced earning capacity if your injuries prevent you from going back to work
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Property damage
Some of these are future damages, so it will be your job to offer a reasonable estimate of future losses stemming from your accident. This often requires the assistance of an expert witness, such as a medical or vocational expert. Our Houston law firm has a dependable network of expert witnesses who can lay out the basis for your future damages.
Going to Trial
In the event your case does not settle, you will need to take it to trial. Having an experienced litigator who is familiar with courtroom rules and procedures is vital, and we are ready to litigate on your behalf if needed. At the same time, we will keep the door open to a possible settlement, which can occur even on the day of trial.
Count On Our Trusted Legal Guidance
If you or a loved one recently suffered a personal injury in or around Houston, don’t risk your future by taking on the lawyers and insurance companies on your own. Find out why our clients depend on us to advocate for them each step of the way. Get in touch with Hernandez Sunosky, LLP to schedule your initial consultation today.