If you were involved in a car accident in Cypress, you have probably heard that you can collect damages through insurance companies. However, you may not know that not all negotiations with insurance adjusters yield a favorable outcome. They may hoodwink you into accepting their terms and lowball settlement offers. Without aggressive legal representation, you may have no other choice but to sign away your rights. However, going to trial is another way out.
You play your last card by choosing to proceed to court with your car accident case. You must follow a set of procedures mandated by the Texas court system. Missing one step may hurt your case, so the only way to ensure that you effectively pursue the Cypress car accident trial process is by retaining a trial-tested car accident attorney. Our best-rated legal team at Lone Star Injury Attorneys handle similar cases daily and are, therefore, well acquainted with the process.
As mentioned earlier, going to court means you must systematically follow the Cypress car accident trial process to the letter. Although your attorney will handle everything from the beginning to the end, it is essential to satisfy your curiosity about what the process entails. The significant aspects of a trial process are:
The initial step is filing a formal petition in court. This is where you note down your demands as the injured person (plaintiff). The petition contains details about the accident, such as the parties involved, the day, the location, and your subsequent injuries and losses. The process also requires filing court fees and necessary paperwork, all of which a qualified attorney may help with.
Once the defendant receives your petition, they revert through their attorney. They may accept or deny the allegations leveled against them. By doing so, the trial process is deemed to have officially begun. Since the defendant had an opportunity to settle before going to trial, it is doubtful that they will accept liability and pay you at this point. However, they may still opt for an out-of-court settlement, as we will see later in this guide.
As the name suggests, this step involves discovering critical issues around the matter at hand. The process will include exchanging information and documents between the plaintiff and the defendant, such as medical and police reports, interrogatories, and other legal paperwork related to the car accident case. Your case will be based on the evidence presented at this point, so you must collect and prepare indisputable proof beforehand.
Depositions are interviews conducted by a court reporter with parties involved in the case. They are carried out under oath by the plaintiff, defendant, expert, eyewitnesses, and any other party that the court may find necessary. Depositions are crucial as they shape the course of your case. Anything said before the jury may hurt your case, so it is vital that you hire a trial-tested Cypress car accident attorney.
Before the jury deliberates, both parties, the plaintiff and the defendant, will have another opportunity to settle out-of-court. The court will appoint an arbitrator or mediator to oversee the process. Many cases settle here, but this does not mean you must. If the defendant does not come to the table with a fair settlement offer, you may proceed to trial. It is equally important to note that the mediator does not compel the parties to reach an agreement but offers win-win solutions for them to choose from. The Cypress car accident trial process ends if a mutual understanding is reached.
This is the last phase. Parties that fail to compromise through mediation leave their fate to the jury. Arguments will be made by their attorneys before final deliberations are made. Your attorney’s experience and skills will be put to the test here. If the jury is convinced with a preponderance of the evidence that the defendant was at fault for your injuries and losses, you get compensated, and the process ends.
Understanding how the Cypress car accident trial process works requires a qualified attorney. We are eager to help you through every step, even as you take time off to focus on recovery. You can schedule a free case evaluation with our team today.