Deciding to go to court to prosecute a car accident case is often the last resort when negotiations with insurance companies don’t work out. Though arduous, time-consuming, and often expensive to undertake, going to trial may have the most rewarding outcome. Besides special damages, the plaintiff may recover punitive damages.
The Bellaire car accident trial process includes filing a petition, answering, discovery, depositions, mediation, and potentially a trial.
Working with a qualified car accident attorney in Bellaire saves you a great deal in matters of time, legal understanding, and, of course, legal fees. Because each case is unique, we recommend that you contact our firm to learn more about your rights and eligibility to file a claim.
Filing the Petition
After evaluating your case and establishing that you have a valid claim, your car accident attorney will then draft a demand letter. As the name suggests, the demand letter contains the details of your accident, your injuries, the treatment you underwent, the damages you seek, and, of course, the reasons why the other party is to blame.
In the letter, the other party now becomes the defendant, while you are henceforth referred to as the plaintiff. Your attorney has to serve the defendant with the petition or demand letter as soon as possible.
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Defendant Answering
After submitting the demand letter to the other party or their insurance company, you sit back and await their response. Depending on the facts about your case, the defendant, through their attorney, may refute some of your claims or the entire claim altogether.
If your case is filed with insurance companies, Texas laws require that they answer within 15 to 45 days. In case your claim is rejected, they must file a notice detailing the reasons for the denial. This officially marks the beginning of the next phase of the Bellaire car accident trial process.
Written Discovery
As part of the pre-trial phase, written discovery is the stage where both parties attempt to discover more facts about the matter at hand from each side. The exchange of critical information related to the accident occurs here. For example, the defense may request documentation showing your injuries and damages. Written discovery allows each side to make its case effectively. Interrogatories are also made during this stage as both parties seek to learn more about the material day of the crash as well as other information they may deem crucial.
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Depositions (Oral Discovery)
Another key discovery tool in the Bellaire car accident trial process is depositions or oral discovery. This entails oral testimonies made under oath by different parties involved in the case.
Like written discovery, the goal is to learn more about the accident and the circumstances under which it happened. A court reporter is usually responsible for administering the oath under which such parties get deposed. Each party will get a chance to cross-examine and depose the other during this phase.
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Expert Witnesses
Besides eyewitnesses and the general parties involved in an auto wreck, expert witnesses are another crucial asset in a Bellaire car accident trial process. They provide an independent analysis of the matter at hand and help the jury understand the circumstances of the crash as well as the repercussions on your way of life.
Expert witnesses may include accident reconstructionists, mental health professionals, economists, surgeons, highway safety engineers, automobile engineers, and your doctor. The cost of retaining any of these experts should be the last of your worries. Our auto wreck attorneys handle all expenses related to your case upfront and only collect legal fees when you are reimbursed.
Mediation
Going to trial is oftentimes the last resort for injured victims and insurance companies. So, before reaching the last phase of the car accident trial process, both parties have a final chance to make their case to a neutral party or mediator, as they are commonly referred to.
Mediators are only responsible for helping both sides compromise and settle out-of-court. However, they are under no obligation to compel either party to settle.
Trial
If no settlement is reached by this point, your car accident case enters the final phase. Going to trial means that a judge or jury gets to review the facts tabled in court before making the final determination as the law provides.
Because the verdict will depend on how strong your case is, you should hire a trial-tested legal team to represent you. The process can last anywhere between a few days and months, or beyond, based on the specific circumstances of your car accident case.
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