The car accident trial process works in Brownsville through filing a petition, the defendant answering, discovery, mediation, and trial.
The car accident trial process is complex and requires the experience of a seasoned attorney. Of course, you may self-litigate, but this leaves you a slim chance of making a successful case. Statistics have shown time and again that car accident victims who retain a car accident lawyer in Brownsville stand a better chance of being compensated than those who handle their case alone.
As explained below, there are different stages in the Brownsville car accident trial process.
Filing the Petition
Filing a car accident lawsuit is a big step in personal injury law. This makes the beginning of a formal procedure governed by the Texas court system and regulations. It’s very distinct from negotiating with insurance companies. The injured person becomes the plaintiff while the other party is the defendant.
As the plaintiff, you file a petition in court detailing your allegations against the party responsible for your injuries. Here, you state your reasons for bringing the case and what you wish to achieve. Texas statute of limitations allows a maximum of two years for a petition to be filed.
Defendant Answering
After the petition is filed and served to the defendant, they are required to answer back. They may accept or deny the allegations made against them. Based on the procedural rules of the court, the defendant may poke holes in the petition by:
- Denying all or specific allegations
- Accepting specific or all allegations
- Raising defenses to the complaint
The defendant’s formal answer marks the beginning of the car accident trial process.
Written Discovery
During the discovery phase, both parties get a chance to exchange information regarding the case. The attorneys may use them to establish strengths and weaknesses on each side.
Some of the crucial documents that may be exchanged include police reports, medical files, insurance policies, photos of injuries and property damage, and other relevant records.
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Oral Discovery/Depositions
Depositions are question-and-answer sessions used in Discovery. Their goal is to extract relevant information from either side regarding the case at hand.
Your attorney will pose questions to the defendant and vice versa. Eyewitness testimonials may also be admissible in court, but under oath. This phase is among the most crucial stages of a Brownsville car accident trial.
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Expert Witnesses
Unlike eyewitnesses, expert witnesses possess excellent skills and knowledge in specific subjects. They don’t give an account of what happened based on what they may have seen. Instead, they apply their expertise in a relevant topic to paint a picture of what may have happened.
For example, accident reconstruction experts use available facts to recreate the moments before the accident using simulations. This is a very crucial input in establishing liability. Other professionals may include doctors to explain your injuries or the harm you suffered, mental health experts, and financial experts.
Mediation
The last stage before going to trial is mediation. A neutral party trained in conflict resolution is appointed by the court to help both parties reach an amicable solution.
The mediator is only allowed to offer alternative solutions to the dispute, but not make a final decision. The choice to agree or disagree is left with the disputing parties. Most cases are settled before going to trial.
Trial
If an out-of-court settlement is not reached, the case proceeds to trial. Here, a single judge or appointed jury will review the facts and evidence tabled before them by both parties. Each attorney will have an opportunity to make their arguments on the floor of the court.
The jury will deliberate and make their verdict known to the judge. A ruling is made thereafter, and the case is closed, marking the end of the Brownsville car accident trial process.
Need Help with Your Brownsville Car Accident Trial Process?
It’s evident by now that the Brownsville car accident trial process is complicated for a victim without any legal experience.
To save you the hassle of having to grasp so much in a short time, which will, of course, hurt your case, you should retain an attorney. Our car accident lawyers are ready to help. Contact us today.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
