Getting into a car accident is a traumatizing experience. You are likely to suffer severe or minor injuries depending on the circumstances of the crash. Besides physical harm, you may also endure emotional trauma. In any case, it is normal to feel shaken and worried after an accident.
Car accidents are also synonymous with causing many financial losses due to lost wages, property repair costs, medical expenses, and rehabilitation costs. On top of all these, car accidents are often a legal matter.
If you were injured in a car accident that wasn’t your fault, you may want to talk to a Harlingen car accident lawyer about pursuing a monetary recovery for your losses. Essentially, there are two basic ways you can do this.
Two Ways to Pursue Compensation
The most popular way of pursuing compensation after a car accident is settling with insurance companies. This option is often faster and less expensive.
Your insurance or that of the party at fault sets the stage for negotiations by offering an initial offer. Your attorney then negotiates a fair settlement based on your losses. Although most car accident cases settle here, you can always opt for a court process if a beneficial outcome is not reached.
The Harlingen car accident trial process involves the following steps.
Filing a Petition
After establishing that you have a legitimate case, your Harlingen car accident attorney will start the process by filing a formal petition in court. This is the first official document in the Texas court system, and it entails a broad layout of your grievances.
In other words, this is where you report the other party to the court, where a copy is also served to them (the defendant).
Defendant Answering
Once the defendant (the party at fault) is located and served with the petition, they answer through their attorney. Serving the complaint is done in person and in a verifiable manner to ensure they cannot claim they were unaware of the car accident case. The petition entails the accusations against them and the dates they are expected to appear in court.
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Written Discovery
After the stage is set, the next step is a crucial one: written discovery. It consists of the exchange of information between the plaintiff and the defendant. Documents, statements, and other relevant facts will be shared here.
They are meant to lay bare every detail of your case and are exchanged freely between the two parties.
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Depositions (Oral Discovery)
Unlike written discovery, depositions involve the cross-examination of witnesses and parties involved in the case before the court. They are taken under oath. If a witness is unavailable, their deposition is taken out of court but still under oath.
Witnesses are just one of the third parties that account for what transpired.
Expert Witnesses
Unlike eyewitnesses, expert witnesses are unique and use their professions to help delve into the circumstances of an accident. They use their expertise to recreate the accident using the facts available. Using simulations, they can use existing evidence to help the court understand how the crash occurred.
Often, highway engineers and accident reconstructionists will be used to piece together the details of your case and come up with accounts of the crash. Doctors and mental health experts may also be called upon to help discuss your injuries while economists lay out the financial implications.
Mediation
Before trial, the jury will appoint an arbitrator to help both parties reach a mutual agreement or settle out-of-court. As said earlier, most personal injury cases do not reach the trial phase. The mediator is not allowed under any circumstances to force a settlement. So if you still feel the deal offered is not fair, your case then proceeds to trial.
Trial
Going to trial is usually the last stage of the Harlingen car accident trial process. During this phase, both parties will present their cases before the jury. Each party will be represented by a legal team.
However, you may also self-litigate, but this is not a good idea, especially when you don’t have a legal background. Evidence will be presented before the court, from which the jury will decide whether you should be compensated or not.
Contact Our Seasoned Car Accident Attorneys Right Away
The Harlingen car accident trial process is quite challenging to understand for most victims. Understanding how the Texas court systems work may be an uphill task if you have never attended a court session before.
However, the attorneys at our firm are here to handle the process on your behalf. Please get in touch with us today to get started.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
