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What Are the Steps to Filing a Personal Injury Lawsuit?

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What Are the Steps to Filing a Personal Injury Lawsuit?

Written by Trujillo Gonzalez PC
Sep 03, 2025
What Are the Steps to Filing a Personal Injury Lawsuit?

Filing a personal injury lawsuit involves specific legal procedures and deadlines that can significantly impact your case outcome. Understanding state law and the litigation process helps you make informed decisions about pursuing compensation for your injuries.

As an experienced Texas personal injury attorney, Trujillo Gonzalez has successfully navigated Texas courts for thousands of clients, taking hundreds of cases to trial when necessary to secure maximum recovery.

Step 1: Seek Medical Attention and Report the Incident

Your health is the top priority. Seek immediate medical treatment, even if your injuries seem minor. Medical records provide essential proof linking your injuries to the accident. Simultaneously, report the accident as required by law:

Keep copies of all medical records and official reports, as they form the backbone of your case.

Step 2: Understand Deadlines and Consult an Attorney Quickly

Texas law generally gives you two years to file a personal injury claim. Exceptions exist, such as for minors or delayed injury discovery, but missing deadlines usually ends your claim. Early legal advice is critical to navigate these limits and preserve your rights.

Don’t wait until it’s too late. Contact a trusted Texas personal injury lawyer at Trujillo Gonzalez today to secure your legal rights and enhance your opportunity for full compensation.

Step 3: Investigation and Discovery, Building Your Case

Our team immediately begins gathering evidence under Texas Rules of Civil Procedure and Evidence:

  • Accident reconstruction experts analyze liability.
  • Medical professionals assess your injuries and ongoing care.
  • Financial experts calculate your damages.
  • Written questions (interrogatories), depositions, and document requests help uncover key facts from the opposing side.

Preserving evidence early is vital to avoid loss or tampering. This combined investigation and discovery phase can take several months but is important for success.

Step 4: Understand Comparative Fault and File Your Lawsuit

Texas follows a modified comparative negligence rule. You can recover damages if you are less than 51% at fault, but your award is reduced by your percentage of responsibility. If negotiations fail, we file your lawsuit in the proper court following venue rules. The complaint must state facts clearly showing jurisdiction and damages sought.

Step 5: Mediation and Trial Preparation

Before trial, many courts require mediation to try to settle the dispute. Our extensive trial experience equips us to negotiate firmly, aiming to avoid costly litigation while protecting your rights.

If mediation fails, your case proceeds to trial:

  • Jury selection follows strict procedures.
  • Both sides present evidence and witness testimony.
  • Jury instructions clarify the law.
  • Verdicts require a majority agreement.

Preparing thoroughly for trial ensures your best chance at a favorable outcome. Your trusted Texas personal injury lawyer will stand by your side through every step, fighting to secure the compensation you deserve.

Step 6: Post-Trial Procedures and Appeals

After trial, your trusted Texas personal injury attorney will manage post-trial motions, ensure you receive your award, and handle any appeals that may delay your compensation. We stay committed to securing your rightful payment every step of the way.

Step 7: Never Let the Insurance Company Force You to Take Less

Insurance companies often pressure injury victims into quick, low settlements. Texas tort reform laws make this tougher, but experienced Texas personal injury lawyers know how to fight back. We stand firm against lowball offers, protecting your rights and pursuing the full compensation you deserve. Don’t settle for less, have dedicated advocates on your side to help you achieve the best possible outcome.

Common Types of Personal Injury Cases We Handle

At Trujillo Gonzalez, we handle a wide range of personal injury cases to get the justice and compensation you deserve.

  • Motor vehicle accidents (cars, trucks, motorcycles)
  • Slip-and-fall
  • Premises liability injuries
  • Workplace injuries beyond workers’ compensation
  • Wrongful death

No matter the situation, our experienced Texas personal injury lawyers are ready to provide personalized legal support and aggressively pursue your claim to achieve maximum recovery.

Speak with a Texas Personal Injury Attorney for Your Free Consultation

Getting started on your personal injury case is important, don’t wait to protect your rights. Contact the experience lawyers at Trujillo Gonzalez PC today & schedule your free consultation.

We proudly serve Dallas, Allen & all throughout Texas. Visit our law office at:

Trujillo Gonzalez PC

1111 W Mockingbird Ln #260,
Dallas, TX 75247, United States

Phone: (972) 550-6818 

Our firm is located near you. We have an office in Dallas

Find us with our GeoCoordinates: 32.8191564,-96.8705417

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