After a car accident, you have the option of negotiating a settlement with the insurance company of the party at fault or going to court for trial. In either case, you call the shots. A majority of car accident victims prefer negotiating their claims with insurance companies before opting for a trial process. This is often the case when the victim wants to save money and time that would have otherwise been spent in court.
If you and your insurance company did not reach an agreement for your claims, you may file a formal complaint in a court of law. Moreover, if you want to get maximum compensation for your car accident claims including punitive damages (if available), you should consider going to court with the help of a car accident attorney.
Negotiating with an insurance company is often straightforward. Here, you bring your case forward with a set value and negotiate with your insurance adjuster. You present the medical bills and records and/or expert reports to highlight the seriousness of your injuries. This may take a few days or weeks to finalize. However, the Missouri City car accident process is long and complex. It may take weeks, months, or even years to settle your car crash case. For this reason, you may need an attorney at Lone Star Injury Attorneys to help you navigate through these complex processes for your own good. This process involves:
Filing a petition involves several factors such as providing the court with a written complaint and other legal paperwork. This is also the phase where you pay court costs and serve the other party (defendant) with a petition where you explain the reasons for the lawsuit.
The defendant has around 21 days to answer your petition. If they are unreachable, the time limitation may be extended. And while you can file the petition on your own, a majority of car collision victims prefer hiring an attorney to avoid making mistakes that would lead to the dismissal of their case.
During the discovery phase, both the plaintiff and the defendant exchange evidence, documents, and other important information with each other. Your auto accident attorney may ask the defendant some important questions about the accident and what their defenses are. The same may be done by the defense counsel to you in return.
Before going to trial, your lawyer will collect and record eyewitness accounts concerning the motor vehicle accident. He or she may also cross-examine expert witnesses to back your claims. But in the deposition phase, the witnesses will be under strict oath while giving their testimonies. The court’s transcriber will record everything in writing.
Just because you didn’t negotiate successfully with your insurance company or that the party at fault doesn’t mean that the negotiation phase is over after an automobile collision. Often, the parties will choose to mediate their claim before going to trial. The parties (or the judge) may appoint a neutral party to help you reach an amicable solution. However, this party does not have any legal authority to compel either party to accept their options.
It’s very unusual for a car accident case to go to trial. However, this does not mean that all cases are solved at the mediation phase. During the trial, both the defendant and the plaintiff will argue their case through their legal representatives. The jury will be listening and examining facts and evidence tabled before the court. This may take a lot of time since every party wants to effectively represent their client. If the jury makes a ruling in your favor, the trial process comes to an end, and you are settled based on their ruling.
If your car collision attorney feels that there was an error in the jury’s ruling such as dismissing your case, you may file an appeal. This means that a higher court will review your case again.
At Lone Star Injury Attorneys, we passionately work with our clients in every step of the Missouri City car accident process. Our car collision lawyers go above and beyond to ensure that your needs are fully met. To learn more about our personalized legal representation, please reach out to us online or call us today for a free consultation.