Many people, especially car accident victims, are under the impression that they must settle their cases with insurance companies. Generally speaking, most car accident cases settle with insurance adjusters, but you are under no obligation to do so. Like many other victims, you may decide to proceed to court.
Going to court is only the last resort if no settlement is achieved. However, you may also forego negotiations and head straight to the trial. Here is what to expect in the Alief car accident trial process.
Filing the Petition
The first process in any civil lawsuit is filing a petition. After your attorney establishes that you have grounds to file a case, he or she determines which court has the jurisdiction to listen to your case. The next step is preparing and writing a formal complaint which is an official document detailing your demands, the party you wish to sue, your injuries, and of course, your demands. Once filed in court, the Alief car accident trial process formally begins as you now become the plaintiff while the party you sue is referred to as the defendant.
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Defendant Answering
You are required to send a copy of your complaint or petition to every defendant through the service of process. By failing to provide it, the other party isn’t legally notified about your intent to claim, meaning you can’t move forward with your case. Your attorney ensures that the notice is served to all relevant parties within the timeframes stipulated by law. After receiving it, the defendant answers back by accepting the demands and allegations leveled against him or her, or denying them altogether.
Written Discovery
Once all the requirements of initial pleadings are fully met by both parties, the next step involves lawyers representing the plaintiff and defendant. Written discovery entails demanding information regarding the case from each party. It could be photos of the crash, insurance information, written testimonials, and any other pieces of information relevant to the car accident case. This phase is essentially the backbone of your case. To ensure that we recover as much information and evidence as possible, our trial-tested attorneys employ different tactics and legal tools.
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Depositions (Oral Discovery)
The exchange of legal paperwork and documents related to your case is just one part of the exchange and discovery process. Other parties will be called upon to testify as having been witnesses to the accident in one way or another. Besides eyewitnesses who give accounts of what they saw transpire before and during the crash, experts in mental health, accident reconstruction, finance, highway engineering, and your physician among others may be called upon to testify. The process cuts across both parties, with each having an opportunity to ask questions.
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Expert Witnesses
As mentioned above, expert witnesses may be called upon to provide professional insights regarding the accident as well as its aftermath. Eyewitnesses may be biased, or not as forthcoming with information. Expert witnesses, on the other side, offer fact-based testimonials about how the accident happened and whether someone may have been at fault. Additionally, they also help demonstrate the damages you suffered. Expert witnesses play a pivotal role in the Alief car accident trial process, and our auto wreck attorneys know this too well.
Mediation
Before going to court, you have the right to settle with insurance companies. However, your attorney may opt to proceed to trial if your demands are not fulfilled. Even so, this does not automatically mean that your case will reach the trial phase. The Alief car accident trial process is set up in a way that allows for mediation before the final phase is reached. Both parties will have a chance to strike a mutual agreement with recommendations from a neutral third party. He or she is not allowed to arm-twist either party into settling. If an agreement is reached, the case is settled without reaching trial.
Trial
If mediation fails, the last phase of the Alief car accident trial process is effected. Representatives of both parties will have an opportunity to make opening and closing statements. This process puts your attorney’s experience and skills to the test. You should hire a qualified and trial-tested team that can argue your case effectively. The jury based on the evidence provided then makes the final ruling.
Let Our Trial-Tested Attorneys Fight for Your Rights
Preparing for the Alief car accident trial process is an expensive, arduous, and lengthy undertaking. Many car accident victims dread going to court owing to the heavy burden that comes with testifying and making relevant arrangements for a trial. Our auto wreck attorneys may assist you with filing a lawsuit in case a fair settlement is not achieved out-of-court. Call us today to learn more.
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