Texas Personal Injury Lawsuits
At our Law Firm, we represent clients in injury litigation. Serious injury or death in the family can be devastating. Without a lawyer to protect your rights and seek compensation, you and your family may face astronomical expenses without the wherewithal to gain proper compensation for your personal injury.
People associate litigation with a courtroom trial, but litigation is a multi-phased process that includes many other phases in addition to the trial itself. The various stages each contribute to resolving the case. More information here @ https://caraccidentattorneysa.com/
Investigation and extensive preparation of evidence, along with negotiation for settlement, are preliminary steps that may either lead to resolution or litigation. If no settlement is reached, then as your attorneys, we file a car accident lawsuit.
Thorough case preparation forms a foundation for further case presentation. Once a lawyer files a personal injury lawsuit, the process moves into the discovery and motions stages. However, mediation often comes next and if mediated to a successful resolution, a judge or jury never hears or deliberates the case.
Following are the basic stages for personal injury litigation.
Investigation is a fact-finding step and begins the personal injury litigation process. An investigator gathers information vital to the lawsuit such as:
Accident scene examination by hired experts
Photographs, videography, and/or other physical evidence
Accident reconstruction to establish fault
Victim statements to the insurance company
Before filing a personal injury lawsuit, we attempt settlement negotiations with the insurance company or responsible party. During the negotiation process, we present evidence gathered about the case, including proof of fault corroborated by experts, such as accident reconstructionist, witnesses, police report, etc. We also present the extent of damages based on medical reports, vehicle repair estimates, rehabilitative, and long-term care evaluation if disabled. After a settlement range is determined, we negotiate to see if we can reach a injury settlement.
Filing a Injury Lawsuit or Complaint
A lawyer at our injury law firm files a complaint at the county court on behalf of our client establishing an auto accident or personal injury lawsuit. The lawyer makes arrangements to serve the complaint to the responsible party who has a specified time in which to file a response. Once the served party files the response, the process moves on to the next stage.
Discovery is a fact-finding stage of litigation where the attorneys for both sides of the car accident lawsuit request information from each other about the claim. Attorneys use a number of legal tools to discover facts, including:
Interrogatories (written questions and answers)
Depositions (oral questions and answers under oath)
Requests for production of documents (any documents relevant to the case must be turned over)
Requests for admissions (statements that deny or admit facts about the case)
A motion is a filed document requesting that the judge take a certain action. Once discovery is complete, either side—plaintiff or defense—may file motions. For example, the defense may file a motion to have the case dismissed. The defense may argue that the plaintiff did not present adequate evidence to bring a case.
The plaintiff may file a motion for summary judgment. A summary judgment moves that the court should rule on a certain aspect of a case or the whole case without having to go through a trial. In a summary judgment, the attorney argues that such facts are undisputed as set forth in the pleadings. The judge rules on the pre-trial motions. If none prevent the case from moving forward, mediation often comes next.
While mediation may occur during any point of litigation, it frequently occurs after pre-trial motions conclude. During mediation, the plaintiff, defendant, and their attorneys may engage in alternative dispute resolution, working with a mediator, who is an attorney trained in mediation. Click on this link @ https://no1-lawyer.com/car-accident-lawyer-el-paso/
Often both parties agree on a mediator, but if not, the court appoints a mediator to handle the case. Each side presents its views and all discuss possible ways to reach a personal injury settlement. Because mediation is usually much cheaper and less time-consuming than trial, both sides benefit if they can settle. However, if no satisfactory personal injury settlement is forthcoming, litigation enters the trial stage.
During trial, the plaintiff and defendant present their sides of the case and the judge or jury hears their arguments. The trial begins with opening statements by each side. Then attorneys call witnesses to testify on behalf of their clients. The opposing side cross-examines. Attorneys introduce evidence as exhibits. After all arguments end, the attorneys offer closing statements. The jury or judge then goes off to deliberate and render a ruling.
Discuss your injury lawsuit during a free consultation with our Law Firm.
Injury litigation is a complex process best handled by a skilled personal injury lawyer. Our Law Firm offers free consultations which are confidential and at no obligation.