The moment your life changes forever often happens in seconds. A devastating collision on I-635 in Dallas. A construction accident at a Houston development site. A serious fall in a Plano shopping center. As you face mounting medical bills and an uncertain future, understanding how to pursue justice can seem overwhelming.
Texas catastrophic injury lawsuits follow a specific sequence of events designed to help you receive fair compensation. The compassionate attorneys at Dortch Lindstrom Livingston Law Group handle the legal complexities of each stage of the process while you focus on recovery. While no one can ever predict how long it’ll take to settle your case, here’s a general overview of what to expect.
1. Initial Consultation and Case Evaluation
Don’t hesitate to contact a Texas catastrophic injury attorney as soon as you’re able. The statute of limitations—the timeframe you have to file a lawsuit—is generally two years from the date of injury. So, it’s important to understand your options right away when you or a loved one experiences such devastation due to someone else’s negligence.
Here are just a few aspects of a free legal consultation:
- Case viability assessment. An attorney evaluates whether you have a valid claim based on your circumstances and applicable Texas laws.
- Information gathering. Be prepared to share details about your accident, injuries, medical treatment, and how the incident has impacted your life.
- Fee structure explanation. Most personal injury law firms work on a contingency fee basis—this means they only receive payment if they recover compensation for you. However, it’s essential to review all potential costs related to your case before signing a contract.
- Personal connection. Use this opportunity to determine if a firm like Dortch Lindstrom Livingston Law Group is the right fit for your case, as we'll be working closely together throughout the legal process.
2. Investigation and Evidence Gathering
A successful settlement is built on facts. We need to know the cause of such a catastrophic event and who might be held accountable. Here’s what your legal team is required to do:
- Preserve accident evidence. This includes police reports, photos, security footage, and witness statements to establish how the injury occurred.
- Review medical documentation. We’ll assess records, treatment and rehabilitation plans, and present expert opinions regarding your prognosis and future care needs.
- Determine liability identification. Potentially responsible parties might include employers, property owners, manufacturers, or contractors.
- Evaluate all levels of damages. We rely on numerous factors to accurately outline both economic losses—such as medical bills, adaptive equipment, and lost wages—and non-economic damages—which might include pain and suffering, emotional distress, and loss of consortium.
3. Filing the Lawsuit
Time is critical in catastrophic injury cases, as missing the two-year filing deadline typically means losing your right to seek compensation. So, while you and your family focus on healing, count on Dortch Lindstrom Livingston Law Group to handle:
- Petition preparation. We’ll draft a legal document identifying the parties involved, describing the defendant's negligence, and specifying the damages in your case.
- Court selection. The petition is filed in the appropriate court based on where the injury occurred and the amount of damages sought.
- Service of process. The defendant is formally notified of the lawsuit, and their deadline to respond is usually about 20 days in Texas courts.
4. The Discovery Phase
This stage of a catastrophic injury lawsuit is vital to prepare for a potential trial. Both sides gather information through structured processes, which often include:
- Written discovery. This might involve interrogatories, written questions answered under oath, requests for the production of documents, and requests for admission of specific facts.
- Depositions. These are formal, recorded question-and-answer sessions under oath with parties and witnesses.
- Expert witnesses. The attorneys at Dortch Lindstrom Livingston Law Group retain experts in fields like medicine, economics, and accident reconstruction to provide professional opinions supporting your case.
- Medical examinations. The defendant may request an independent medical examination by their chosen health care expert.
5. Pre-Trial Motions and Settlement Negotiations
As your case progresses, there might be additional actions such as:
- Legal motions. Both sides may file requests asking the court to make specific rulings before trial.
- Mediation. A neutral third party helps facilitate settlement discussions.
- Settlement evaluation. Your legal team provides guidance on the value of catastrophic injury offers relative to your case's strength and potential trial outcomes.
- Agreement finalization. If a settlement is reached, your attorney ensures it properly addresses all aspects of your damages, including future needs.
6. Trial and Post-Trial Proceedings
With thousands of state and federal court cases under our belts, the skilled Texas catastrophic injury lawyers at Dortch Lindstrom Livingston Law Group won’t hesitate to seek justice through trial. Here are some defining factors of the process:
- Structured presentation. Your case follows a format including jury selection, opening statements, evidence presentation, and closing arguments.
- Expert testimony. It might be crucial to your claim to have in-person testimony from the experts who provided opinions during the discovery phase.
- Verdict and collection. After deliberation, the jury returns its decision. Your Dortch Lindstrom Livingston Law Group attorney then handles collecting the judgment or evaluating appeal options.
Ultimately, if you need to secure compensation through a lawsuit, it’s critical to have a catastrophic injury lawyer you can trust. Schedule a consultation today to learn how dedicated we are to pursuing the results you deserve.