After a serious accident, many Texans feel overwhelmed by medical bills, lost income, and pressure from insurance companies. When negotiations fail or insurers refuse to pay what a victim deserves, filing a personal injury lawsuit may become necessary.
However, most people have no idea what the legal process actually looks like. Understanding the steps involved can help injury victims feel more confident and avoid mistakes that could harm their case.
Filing a lawsuit is more than just submitting paperwork—it involves investigation, strategy, negotiations, and courtroom preparation. DFW Injury Lawyers guides clients through every stage, protecting their rights and fighting for fair compensation.
Key Takeaways:
- Filing a lawsuit is often necessary when insurance companies refuse fair compensation
- The process includes investigation, filing paperwork, discovery, negotiations, and possibly trial
- Strong evidence and documentation are critical to success
- Many cases settle before trial, but preparation matters
- Legal representation greatly increases the chance of a positive outcome
Step 1: Seeking Medical Treatment and Documenting Injuries
The first step in any personal injury case is receiving medical treatment. Even if injuries seem minor, victims should see a doctor immediately. Insurance companies often argue that delays in treatment mean the injuries were unrelated or exaggerated. Medical records create the foundation of a personal injury lawsuit, linking the accident directly to the injuries.
Proper documentation may include:
- Emergency room visits
- Diagnostic imaging (X-rays, MRIs, CT scans)
- Treatment notes
- Specialist evaluations
- Physical therapy records
- Prescription information
- Pain journals tracking symptoms
This documentation not only improves health outcomes but strengthens the legal claim. Without medical proof, insurance companies can argue that no real injury occurred.
Victims should also avoid gaps in treatment. If a person stops attending appointments or fails to follow medical advice, insurers may use that to argue the injury was healed or not serious.
DFW Injury Lawyers advises clients on how to document symptoms, treatment progress, and limitations in daily life. Thorough medical documentation makes it harder for insurance companies to deny or minimize injuries, setting the stage for a strong lawsuit.
Step 2: Hiring a Personal Injury Lawyer
Many victims begin by trying to handle their claim alone. However, when insurance companies refuse fair compensation or deny responsibility, legal representation becomes essential. Filing a lawsuit requires knowledge of legal procedures, deadlines, evidence rules, and negotiation strategies.
A personal injury lawyer helps by:
- Evaluating the strength of the case
- Identifying responsible parties
- Calculating damages
- Handling communication with insurers
- Gathering evidence
- Filing required legal documents
Insurance companies have legal teams trained to reduce payouts. Their goal is not fairness—it is minimizing financial exposure. Without a lawyer, victims may accept low settlements or make statements that harm their case.
DFW Injury Lawyers represents injured Texans throughout the legal process. We understand how insurers operate and know how to build compelling cases that stand up in court. Hiring a lawyer early ensures critical evidence is preserved and deadlines are met.
Step 3: Investigation and Evidence Gathering
Before filing a lawsuit, a lawyer must gather evidence to support the claim. This step is crucial—strong evidence can pressure insurance companies to settle and increase the likelihood of success at trial.
Evidence may include:
- Police reports
- Medical records
- Witness statements
- Photographs and videos of the scene
- Surveillance footage
- Black box or vehicle data
- Phone records
- Expert evaluations
- Employment and wage records
Lawyers may also consult experts such as accident reconstruction specialists, medical professionals, or economists who can testify about the cause of the injury and its long-term effects.
The investigation phase helps determine liability and damages. It may reveal additional responsible parties, such as employers, property owners, or product manufacturers. Identifying multiple liable parties can increase available compensation.
DFW Injury Lawyers conduct thorough investigations to build strong cases. Insurance companies often dispute evidence or attempt to shift blame. A detailed investigation helps counter these tactics.
Step 4: Filing the Lawsuit
Once the investigation supports the claim, the lawyer files a formal complaint in court. This document outlines:
- The legal basis for the lawsuit
- The injuries suffered
- How the defendant caused the harm
- The compensation being sought
After filing, the defendant is served with legal notice. They must respond within a specific timeframe, usually by filing an answer denying responsibility or raising defenses.
Filing a lawsuit does not mean the case will go to trial. Many lawsuits settle afterward, but filing shows the victim is serious and willing to pursue legal action.
The filing stage also triggers court deadlines and schedules, which structure the rest of the process. Missing deadlines can result in dismissal, which is why legal guidance is essential.
DFW Injury Lawyers ensures lawsuits are filed correctly and on time, protecting clients’ rights and positioning the case for success.
Step 5: The Discovery Process
Discovery is one of the most important phases of a personal injury lawsuit. Both sides exchange information and evidence related to the case. The goal is to prevent surprises at trial and allow both parties to understand the strengths and weaknesses of the claims.
Discovery may include:
- Written questions (interrogatories)
- Requests for documents
- Depositions (recorded interviews under oath)
- Expert reports
- Independent medical examinations
Insurance companies often use discovery to search for ways to discredit the victim. They may request medical history, employment records, or social media posts to argue that the injuries were preexisting or exaggerated.
DFW Injury Lawyers prepares clients for discovery and protects them from unfair tactics. We ensure evidence supporting the injury claim is presented clearly while challenging attempts to misuse information.
Discovery often strengthens the victim’s position, leading to settlement negotiations. When the evidence clearly supports the claim, insurance companies may become more willing to resolve the case.
Step 6: Negotiation and Settlement Discussions
After discovery, both sides typically have a clearer understanding of the evidence and the strength of the case.
This is when settlement discussions often intensify. Insurance companies may realize that going to trial could result in a larger financial judgment, especially if the evidence strongly supports the victim. However, they may still attempt to offer low settlements in hopes that victims feel pressured or overwhelmed.
Negotiations may involve:
- Demand letters outlining damages
- Offers and counteroffers
- Mediation sessions
- Discussions between attorneys
- Evaluation of future medical needs and lost wages
Insurance companies often use common tactics, including:
- Claiming injuries are less severe than reported
- Blaming preexisting conditions
- Arguing the victim recovered quickly
- Disputing lost wage claims
- Offering quick payouts that do not cover long-term needs
A fair settlement should consider both current and future damages. Many victims underestimate the cost of long-term treatment, therapy, medication, or loss of earning capacity. Accepting a low settlement can leave them financially vulnerable later.
DFW Injury Lawyers negotiates aggressively on behalf of clients, using evidence gathered during discovery to support the claim. We calculate the full impact of the injury and push for compensation that reflects the victim’s true losses. While many cases settle during this stage, we prepare every case as if it will go to trial to maximize leverage.
Step 7: Mediation or Alternative Dispute Resolution
If negotiations stall, the court may require mediation or the parties may voluntarily agree to it. Mediation is a structured process where a neutral third party, known as a mediator, helps both sides attempt to reach a settlement.
Mediation benefits include:
- Faster resolution
- Lower legal costs
- More control over the outcome
- Reduced stress compared to trial
During mediation:
- Both sides present their arguments
- The mediator facilitates discussion
- Private meetings may occur with each party
- Settlement proposals are made and negotiated
Mediation is confidential, meaning statements made during the process cannot be used at trial. This encourages open communication and problem-solving.
However, mediation does not always result in a settlement. Insurance companies may refuse to offer fair compensation, especially if they believe they can win at trial or minimize damages.
DFW Injury Lawyers prepare thoroughly for mediation, presenting strong evidence and arguments to increase the likelihood of success. We advise clients on whether settlement offers are fair and whether continuing to trial is in their best interest.
Step 8: Pre-Trial Motions and Preparation
If mediation does not resolve the case, the lawsuit moves toward trial. During this phase, both sides file pre-trial motions that can shape the outcome. These motions may:
- Request certain evidence be included or excluded
- Challenge expert testimony
- Ask the court to rule on legal issues
- Seek dismissal of parts of the case
Pre-trial preparation also includes:
- Organizing exhibits and documentation
- Preparing witnesses and experts for testimony
- Developing trial strategy
- Creating arguments for liability and damages
Insurance companies often file motions intended to weaken the victim’s case, limit evidence, or delay proceedings. Their goal is to gain leverage or pressure victims into accepting lower settlements.
DFW Injury Lawyers prepares thoroughly for trial, anticipating defense arguments and building compelling presentations for the judge or jury. Strong pre-trial preparation increases the likelihood of success and often motivates insurers to reconsider settlement positions.
Step 9: Trial
If the case proceeds to trial, both sides present their evidence before a judge or jury. Trials may last from a few days to several weeks, depending on complexity.
During trial, each side may:
- Make opening statements
- Present witness testimony
- Cross-examine opposing witnesses
- Introduce physical and documentary evidence
- Present expert analysis
- Make closing arguments
The jury or judge then determines:
- Whether the defendant was negligent
- Whether the negligence caused the injuries
- The amount of compensation awarded
Trials carry risks for both sides. Insurance companies may face large judgments if the evidence strongly supports the victim. However, trials can be unpredictable, and juries may be influenced by witness credibility or legal arguments.
DFW Injury Lawyers prepares clients thoroughly, ensuring they understand the process and feel confident presenting their case. While many cases settle before reaching trial, being ready to go to court strengthens negotiating power and increases the likelihood of fair compensation.
Step 10: Appeal and Post-Trial Options
After a verdict, the losing party may pursue an appeal. Appeals challenge legal errors made during trial, not the facts of the case. Appeals may delay final compensation and require additional legal work.
Post-trial steps may include:
- Collecting the judgment
- Filing appeals
- Negotiating post-trial settlements
- Enforcing payment orders
Insurance companies sometimes threaten appeals to pressure victims into accepting lower settlements. However, appeals are expensive and time-consuming, and many insurers choose to pay rather than continue litigation.
DFW Injury Lawyers continue to advocate for clients after trial, ensuring judgments are enforced and compensation is collected. We evaluate whether settlement or continued litigation best serves the client’s interests.
Ready to Take the Next Step?
Filing a personal injury lawsuit can feel overwhelming, but you do not have to face the process alone. Each step plays a critical role in protecting your rights and securing fair compensation.
If you were injured in a Texas accident and need guidance through the legal system, call DFW Injury Lawyers today at (972) 440-2320 to learn how we can help you pursue the justice and financial recovery you deserve.
Frequently Asked Questions About Filing a Personal Injury Lawsuit
Do all personal injury cases go to trial?
No. Many cases settle before trial.
How long does a lawsuit take?
It varies. Some resolve in months, while others may take more than a year.
Can I file a lawsuit without a lawyer?
Yes, but it is risky. Insurance companies are more likely to take advantage of unrepresented victims.
What if I was partially at fault?
You may still recover compensation under Texas comparative negligence laws.
How much is my case worth?
It depends on the severity of the injury, medical costs, lost income, and long-term effects. A lawyer can help determine value.
Pedro “Peter” de la Cerda
Founder
Attorney Pedro “Peter” de la Cerda is a co-founder of DFW Injury Lawyers. As a young attorney looking for courtroom experience, Mr. de la Cerda began his career defending physicians, nurses, hospitals, trucking, and manufacturing companies in disputes involving personal injury, medical malpractice, products liability, and toxic tort. After seeing many people who were truly injured and deserving of fair compensation, however, Mr. de la Cerda was moved to cross the courtroom aisle and prosecute cases on behalf of plaintiffs in personal injury cases.
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