Most car accident cases are settled by filing a claim against insurance companies. There is often no need to file a lawsuit in court. However, this does not mean that everyone should walk down this road or agree to settle on the terms of insurance companies.
If negotiations fail to yield a mutual understanding on settlement, car accident victims can pursue legal action by filing a lawsuit in the Texas court system. Unfortunately, the Santa Fe car accident trial process involves complicated personal injury laws.
For this reason, you will need the assistance of an experienced Santa Fe car accident lawyer. The teams at our firm are available to guide you and fight for your rights. That said, here is what to expect in a car accident trial process:
Filing the Petition
Filing a petition in a Santa Fe car accident trial process is crucial. Here, the injured party, now the petitioner, writes and submits a legal document detailing the details of their accident and compensation demands.
The petition provides a detailed account of the circumstances of the accident, the injuries suffered by the petitioner, and the damages they wish to recover from the defendant or the at-fault party.
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Defendant Answering
Once the defendant receives the petition, they must answer and write back, stating their position as per the allegations made. When doing so, they may agree to some or all of the claims made or deny all of them.
Defendant’s answering is a crucial step in the car accident trial process as it sets the stage for defense strategies for the petitioner and defendant. Filing a petition and defendant answering must strictly adhere to legal requirements, especially regarding timelines.
Written Discovery
Once the back-and-forth filing of the petition is completed, your attorney gets to the next phase, which involves written discovery. Here, the plaintiff and the defendant get a chance to exchange vital information, evidence, and other documents related to the accident.
Written discovery is crucial for both parties as it helps them discover each side’s strengths and weaknesses. Additionally, it allows both parties an opportunity to be transparent as they prepare for trial. Adherence to set timelines in discovery is essential for a seamless resolution.
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Depositions
Depositions are also part of discovery and are critical in the pre-trial of a Santa Fe car accident case. Both parties get an opportunity to gather more information from each other through oral interrogatories from eyewitnesses and other parties involved.
Depositions are made under oath, and a court transcriber gets to record all of the proceedings. The goal is to gather more evidence and information related to the accident, thus allowing both parties to prepare for trial adequately. Written discovery and depositions are vital for building a solid car accident case.
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Expert Witnesses
Expert witnesses are resourceful parties in an auto wreck case. Unlike eyewitnesses, this group provides professional opinions based on their area of expertise and how it relates to the matter at hand.
Expert witnesses usually involve mental health, vocational, medical, financial, and accident reconstruction experts. These parties help analyze and testify about specific aspects of the car accident and its impact on your life.
Mediation
Before proceeding to the final trial, the court allows both parties to reach an out-of-court settlement through mediation. As an alternative dispute resolution mechanism, mediation aims to help the defendant and the plaintiff reach an agreement through a neutral mediator appointed by the court.
The mediator’s role is to facilitate talks between the two parties until a mutual agreement is reached. However, the mediator cannot compel the parties to settle. If the parties come to an understanding, the car accident case is settled, marking the end of the claim process.
Trial
If mediation does not yield any positive outcome for both parties, the case proceeds to trial. Evidence and arguments are made before a judge or jury by each party’s counsel.
Unlike out-of-court settlements, the car accident trial process in Santa Fe is more procedural, intricate, lengthy, and costly.
All parties get a chance to argue their case, and the judge or jury makes their final verdict. If the ruling favors the plaintiff, they get compensated per the court’s ruling. If against them, they also have a chance to appeal.
Begin the Car Accident Trial Process in Santa Fe with a Free Consultation
You may still have questions surrounding the Santa Fe car accident trial process. At Lone Star Injury Attorneys, we are committed to helping you get the answers to your questions. Our team has nearly two decades of combined experience.
Contact us today to schedule a free consultation with our seasoned car accident lawyers.
Call or text (713) 429-0711 or complete a Free Case Evaluation form
