When you are in an accident that is not your fault, you may decide to seek monetary compensation from the at-fault party or person. This could be through negotiations with insurers or going to court. Although many personal injury victims choose to settle with insurance companies, your case may still go to trial.
The car accident trial process in Texas City consists of steps such as the petition filing, defendant answering, depositions, and the trial itself. Learn how this process works in greater detail in the following guide. And when you’re ready, reach out to a Texas City car accident lawyer who can lead your case through insurance negotiations or a trial if necessary.
Filing the Petition
A lawsuit normally begins when the plaintiff (person seeking compensation) files something referred to as a petition or complaint in court. This is usually done when negotiations with the at-fault party and insurance companies fail. However, you may also file a complaint directly without first going through the negotiation process.
A petition is a legal document containing the details of an accident or injury, explaining what happened, and also laying out the demands of the plaintiff. Once the petition has been filed, the Texas City car accident trial process officially begins.
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Defendant Answering
The petition filed in court is also sent to the at-fault party, otherwise called the defendant. Providing notice to someone or another party who is subject to a civil proceeding is among the hallmarks of the legal systems in the U.S.
This means that if someone wants to sue you, you’re allowed to understand the charges and defend yourself. So when a copy of the petition is served to the defendant, they have a limited time to respond to the complaint. They may accept or deny the claim made.
Written Discovery
Whether the defendant accepts or denies the allegations made against them, the trial process goes into the next phase, which is written discovery. As the name suggests, this is where both parties get to uncover more facts and evidence about the accident.
They exchange information and documents relating to the accident, your injuries, and damages. The purpose of this phase is to allow both parties to understand all the details relevant to the case so they can prepare to build evidence, argue their case, or mount defenses.
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Depositions
Depositions or oral interrogatories are part of the discovery phase of the Texas City car accident trial process. They are formal question-and-answer sessions, taken under oath, undertaken as part of discovery to establish more facts about the subject matter.
Oral interrogatories usually involve witnesses who get a chance to speak and testify about the accident, your injuries, or damages. For example, an eyewitness may be called upon to explain what they saw happen during the accident.
Depositions are recorded or transcribed by a court reporter and are often done through an electronic medium such as video conference, recordings, telephone, or other means provided by the court.
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Expert Witnesses
Expert witnesses are professionals in different fields called upon to testify about your accident and injuries. The goal is to help the judge or jury have a better and deeper understanding of the circumstances that led to your accident and injuries.
For example, accident reconstruction specialists will provide insights regarding causation and whether the crash was avoidable in the first place. Other common expert witnesses used in the Texas City car accident trial process are doctors and highway engineers.
Mediation
Mediation is the last chance you and the defendant have to settle your car accident case outside the courtroom. The process involves an appointed mediator who helps both parties reach a mutually agreed settlement.
Mediators are only allowed to assist the plaintiff and the defendant in coming to a compromise. They are under no obligation to push for a settlement if either party is unwilling to settle. The matter is only resolved if all parties agree to do so.
Trial
The last and final phase in the Texas City car accident trial process is the trial. This is reached when mediation fails. Each party gets a chance to make opening and closing statements, as well as argue their case.
This is also the phase where all evidence from each side is presented before the judge or jury. When hiring a personal injury lawyer in Texas City, you must work with a team that has trial experience. In the end, the judge or jury then decides who is at fault and what damages need to be paid.
Get Help from Our Trial-Experienced Attorneys
Because the Texas City car accident trial process is challenging and time-consuming, the lawyer you choose to work with must be trial-experienced to handle each discussed phase on your behalf.
Get a free consultation from the trial-tested team at Lone Star Injury Attorneys today by calling our offices or filling out our online contact form.
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