When an auto wreck occurs, one party will always feel aggrieved and seek to recover compensation for losses suffered. This can be done by filing a claim with the other party’s insurance company. However, you can’t always bank on insurance companies to do the right thing especially when a good amount is involved. Many times, insurance adjusters will protect their pockets by hook or crook. Negotiations may not yield a fair settlement, so the only other option remaining is taking your case to court.
By going to court with your claim, you give the judge or jury the mandate to determine your case. Facts will be analyzed and tabled before a decision is reached. Although most car accident cases are resolved with insurance adjusters, a good number still reach trial. The process is more straightforward, and usually involves a set of complex laws that make up the Texas court system. However, that is no reason to shake you up. A trial-tested attorney will not only guide you through the Houston car accident trial process but also represent you in court.
The process involves different phases including:
Filing the Petition
Car accident lawsuits in many states including Texas formally begin when aggrieved parties file a petition. As the victim, all your grievances and demands will be put down in a petition and filed in court. Sometimes called a complaint, the petition will also be served to the party you wish to sue or hold accountable for the accident. The process also involves paying court fees and filing other legal paperwork all of which a skilled auto wreck attorney may help with.
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Defendant Answering
The U.S legal system allows people who are subject to a legal proceeding a chance to defend themselves in a court process. For instance, it’s the right of the other party to know what they are accused of so they get a chance to defend themselves. They may agree or deny the allegations leveled against them. There are special rules in place regarding how the complaint is served and how long accused persons have to answer to the allegations made against them. Oftentimes, these rules vary from one jurisdiction to another, but your attorney will guide you on the laws in your state.
Written Discovery
Generally speaking, this is where both the plaintiff and the defendant get down to business. Their counsels will exchange relevant information and seek to find more facts that will uncover critical evidence. The purpose of written discovery is to allow both parties to understand what is in store for them and to help each side plan their case accordingly. Documents such as police reports, medical records, and other key information will be shared during this phase.
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Depositions
Besides written discovery, another critical phase in civil cases is depositions. Witnesses and other relevant parties are called upon to testify under oath. Your attorney will also depose the defendant in a bid to get more facts regarding the material day of the accident.
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Expert Witnesses
Because the jury or judge did not witness the accident happen or have the slightest idea of the damages you suffered, a third party may step in to analyze these. Usually, eyewitnesses are relied upon to tell their side of the story, which is often regarded as the true account. However, such testimonials must be backed with professional analysis provided by expert witnesses. For instance, economists may help prove the financial implication of a crash, while doctors and medical professionals analyze the impact of injuries suffered on your life.
Mediation
Before going to trial, there is one more chance for both parties to settle. A mediator is appointed by the court with the view of helping the plaintiff and defendant reach an out-of-court agreement. Their work is to provide a professional conflict resolution mechanism, but not to compel them to settle.
Trial
If mediation hits a rock, the next and final step is going to trial. All facts and information regarding the matter in question will be tabled before the judge or jury. Opening statements and legal arguments will be made as each side of the divide fights for their client. You must hire a trial-tested attorney in the instance where your case has to be determined through a court process. Finally, the judge or jury makes their verdict.
Talk to Our Attorneys About the Trial Process for Car Accidents in Houston
The Houston car accident trial process is very delicate and requires an experienced and qualified attorney. Your legal team can make or break your case, so you must choose them wisely. Our proficient auto wreck lawyers at Lone Star Injury Attorneys have got what it takes to recover compensation on your behalf. Call us today.
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