| Read Time: 4 minutes | Personal Injury
5 Things to Know About the
Personal Injury Lawsuit Process

Falling victim to another’s negligence is unfortunate, and waiting to receive the compensation that will restore what you’ve lost as a result can be hard.

Sadly, personal injury claims sometimes take years to resolve, either through settlement negotiations or at a trial.

Having a tough, experienced, no-nonsense attorney every step of the way through your personal injury lawsuit process is the best method of dealing with the injustice you feel.

Our dedicated team of serious, seasoned, and knowledgeable attorneys at Tawney, Acosta & Chaparro P.C. are ready to serve you.

Whether you are in Las Cruces, El Paso, Albuquerque, Carlsbad, or the surrounding areas, we are committed to fighting for the compensation you deserve. Contact us right away to schedule an appointment.

1. The Time to File a Personal Injury Lawsuit Is Limited

State laws called “statutes of limitations” restrict the amount of time you have to file a lawsuit for your personal injury claim. In New Mexico, you have three years from the date of your injury to file your claim in court.

However, a person injured in a Texas accident has only two years to file a claim in court. And please note that before filing a lawsuit, your lawyer will typically try to negotiate with the defendant’s insurance company to settle the case out of court.

This takes time, and during this time, the statute of limitations clock is ticking. If negotiations ultimately fail, then you will file a lawsuit. 

Filing your action in court is the only way to stop the statute of limitations from running. If you allow the statute of limitations to run out, this effectively ends your chances of receiving any compensation for your injuries.

Accordingly, you need to contact our office as soon as possible to schedule a meeting. We will initiate your claims process immediately and take all necessary steps to protect your rights.

2. Filing a Personal Injury Lawsuit Does Not Mean You Have to Go to Trial

As discussed above, filing a personal injury lawsuit stops the statute of limitations from barring you from financial recovery.

However, filing a personal injury lawsuit does not mean you cannot continue to negotiate a settlement.

Courts encourage the parties to continue negotiating themselves or use alternative dispute resolution mechanisms like mediation and arbitration to help clear up crowded dockets. 

At Tawney, Acosta & Chaparro P.C., we have significant experience negotiating settlements with insurance companies. Our track record of achieving tremendous results in settling cases for our injured clients is impressive.

However, we prepare each case for trial right from the start. This ensures that we are ready to go to court if that is what it takes to win fair compensation for you

3. Having Professionals Handle Your Personal Injury Trial Can Yield Better Results

Some people fall prey to the temptation to “go it alone.” They think they can save some money by fighting with insurance companies themselves and not paying a lawyer. That’s not necessarily true.

Working with a serious, skilled, and experienced injury lawyer is the best way to maximize your financial compensation. In fact, studies show that people who hire personal injury lawyers tend to receive larger settlement amounts.

We have decades of experience fighting insurance companies, and we know how to fight so their unfair, strong-arm tactics don’t deny you the money you need to get your life back on track. 

Remember, insurance company adjusters and lawyers have one goal: to save the insurance company money by paying you far less than your case is worth.

We won’t let them get away with that. Insurance defense lawyers and adjusters work to keep their employers’ liability low. As a result, they deny liability when they can or argue that you were partially responsible for the crash.

It can be nearly impossible for you—as a victim of a crash who is trying to recover—to successfully fight these professionals and win a personal injury trial. But our superior negotiating and trial advocacy skills can make all the difference. 

4. Insurance Companies Are Not on Your Side

Insurance companies are not thinking of you first, regardless of what their advertisements might say. Their goal is to make money. And to make money, they must attempt to limit their exposure and pay you as little as possible.

Consequently, we rely upon our resources to investigate your case thoroughly. We try to uncover witnesses and evidence that could make all the difference in getting you a full and just settlement. 

Please keep in mind that every case is as unique as the people involved. We cannot predict a particular outcome—no one can.

We need to comb through all of the details of your claim to figure out your damages, the length of your disability, your economic status after your accident, and legal issues like liability and causation.

We also need to learn about the accident’s effects on your life to ascertain the pain and suffering you have endured because of another person’s negligence. 

5. You Can Assist in the Personal Injury Settlement Process

You might wonder why or how you could help experienced lawyers with your case. It’s a good question. But it’s important to know that following your medical and legal advice helps us help you.

On the other hand, not following our or your doctors’ advice can harm your claim.

Your medical professionals have your best interest in mind when they prescribe you medication, send you to physical therapy, and ask you to exercise at home.

We know that following those instructions may be tedious, but it’s important to show that you have complied with medical advice to improve the situation as much as possible.

If you don’t, you’re giving the insurance company the opportunity to claim that you have made your own situation worse.

The same goes for our legal advice. We ask you to check with us before you sign anything relating to your claim. Additionally, you should refer all calls to our office so we can handle them appropriately.

We are the only ones on your side, and we take our responsibility to look out for your best interests seriously.

We Are Here for You

Call Tawney, Acosta & Chaparro P.C. today at 575-222-1000 to schedule a free case evaluation. Our firm received five-star ratings from past clients because we aggressively represent people like you who unjustly suffered an injury.

Our aggressive representation yields positive results. Contact our offices today to learn more.

Author Photo

James Tawney

James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona where he attended Northern Arizona University where he received his undergraduate degree. James then went on to attend Texas Tech University School of Law in Lubbock, Texas. In 2016, he, along with fellow plaintiff’s attorney Alejandro Acosta, founded Flores, Tawney & Acosta, P.C. with offices located in Las Cruces and Carlsbad, New Mexico, and El Paso, Texas.

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