Car accident lawsuits are all too common in Texas. Victims can pursue legal action to claim damages when someone else’s negligence is to blame for a crash. Although many cases settle out of court through insurance companies, others proceed to trial.
It is not the end if you are dealing with a stubborn insurance adjuster unwilling to offer a fair settlement for your losses. A car accident lawyer in La Porte can explain how the Texas justice system allows you to file a lawsuit in court and what that process involves.
Understanding what happens in a civil case is vital. If you are considering going down this road, here is what to expect in the La Porte car accident trial process.
Filing the Petition
Filing a petition is the first formal process of the car accident trial process. The injured person, now referred to as the plaintiff, writes a letter to the at-fault party, now known as the defendant.
The petition entails the circumstances of the accident and the plaintiff’s demands. For example, it outlines the crash’s date, time, location, and details.
It also covers the damages suffered, such as lost wages, vehicle repair estimates, and treatment expenses. This document is submitted to the court and the defendant, thus marking the start of the legal proceedings.
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Defendant Answering
After the plaintiff files a petition, the next stage in the car accident trial process is the defendant’s answer. This is a formal and written response to the allegations made by the plaintiff. In their response, the defendant must accept or deny all or specific claims laid out by the plaintiff.
The defendant’s answering marks the official start of the trial process. In most cases, the defendant will deny the claim. This sets the stage for the next phase, which is discovery.
Written Discovery
Written discovery is a stage where both parties in a car accident lawsuit exchange relevant information and evidence. This includes requests for admission and production.
A request for production involves requesting documents such as medical reports, insurance policies, and scene photos. On the other hand, a request for admission entails confirming or denying specific facts about the incident. Written discovery allows both parties to prepare adequately for trial.
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Depositions
Depositions are a critical phase in the La Porte car accident trial process. They allow both parties to gather vital information through sworn testimonies. Witnesses are also cross-examined under oath, and an official court reporter transcribes their statements.
A skilled La Porte personal injury lawyer can guide you through this process, ensuring that important details are captured accurately. Depositions are used to gather more details before going to trial.
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Expert Witnesses
Expert witnesses provide specialized opinions and knowledge regarding different aspects and factors of a car accident. They clarify issues beyond most people’s understanding, including the judge and jury.
For example, expert witnesses such as accident reconstructionists offer insights regarding the events leading to a crash by simulating driver behaviors and road conditions.
Medical experts testify about the types and extent of injuries and their impact on the plaintiff’s well-being. Expert witnesses can be retained by both the plaintiff and the defendant. Their objective and fact-based testimonials are essential for establishing liability, demonstrating causation, and proving damages.
Mediation
Mediation in a car accident trial allows both parties to resolve the matter out of court. It is an alternative dispute resolution mechanism where a neutral mediator is appointed to oversee and facilitate discussions to settle the matter without going to trial. Unlike a judge or jury, the mediator does not decide on a settlement.
They have no power to compel parties to settle. Instead, a mediator helps them find common ground to resolve the dispute amicably. While mediation is usually non-binding, meaning no party is under duress to settle, many car accident cases are resolved at this stage.
Trial
A trial is the last stage in the La Porte car accident trial process if mediation does not yield an out-of-court settlement. The plaintiff’s and defendant’s attorneys make their arguments before the court.
A judge or jury reviews each party’s case before making a final determination. In this phase, the plaintiff bears the burden of proof to demonstrate that the defendant should be held responsible for the accident and resulting injuries or losses.
The judge or jury reaches a verdict, and the final ruling is made. This marks the end of the trial process. However, either party may appeal the court’s decision.
Don’t Go to Trial Alone; Let Our Car Accident Attorneys Fight for You
Car accident cases are difficult to prosecute, especially when a court process is thrown into the mix. Fortunately, you don’t have to handle the La Porte car accident trial process alone.
Our trial-experienced attorneys can fight for your rights inside and outside the courtroom. Call us today to get started.
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