Car accident lawsuits are not as swift as the cases you see wrapped up in a tidy package on TV.
The litigation process takes time and, in some cases, years.
Understanding how car accident lawsuits work is critical to helping you determine the most effective course of action. That’s why, in this blog post, the car accident attorneys at J.D. Silva & Associates explain what you need to know about how car accident lawsuits in Texas work.
Begin Building a Strong Case with a Reputable Law Firm
Your first step is to find a skilled car accident lawyer who can accurately investigate the accident, determine who is at fault for the car accident and define your damages and place a value on your losses so that you receive the appropriate compensation for both your past and future losses.
The complexities of negotiation and courtroom procedures are confusing.
You can contribute to the strength of your case by gathering evidence at the accident scene, such as photos, witness contact details, and insurance information from the other driver.
After that, you don’t have to worry about the rest of it after you speak with an attorney.
The 2nd Step Is the Pre-Trial Phase
In Texas, an injury victim has two years from the accident date to file a car accident lawsuit. This is known as the statute of limitations, and it protects both plaintiffs and defendants.
It’s important to contact a lawyer as soon as possible after your accident. They may need the full two years to build the strongest case for you.
There may be some exceptions to this timeline based on your circumstances, but the wise choice is to act quickly.
Your car accident attorney will research, prepare, and file a petition in the appropriate court. During this phase, the trial judge determines what laws apply to the claim and if there is enough evidence to proceed.
Once the petition is filed, the person being sued must receive legal notice. The court’s clerk can arrange for the service of citation by a process server. The defendant has a specific timeframe within which they must file an answer in court.
Discovery Phrase
The discovery process begins after the petition is filed by the plaintiff and answered by the defendant, and both parties will exchange the evidence they have gathered. Each party may send discovery requests, and each side must answer the other side’s questions within the time allotted by the court. There may be options to end a case before going to trial, including:
- The court orders both parties to use mediation to work toward an agreement and find a resolution.
- The court awards a default judgment because the defendant fails to acknowledge a citation or appear in court.
- A judge grants a motion for a summary judgment if no evidence is presented to support the case.
Mediation or Settlement Phase
As mentioned above, a judge may order mediation as a way to resolve your claim outside of court without going to trial.
All parties involved in the lawsuit must participate in alternative dispute resolution.
A non-partial appointed individual known as a mediator will listen to information presented by the attorneys from all sides and work with the parties to reach an auto accident settlement.
You are not required to settle at mediation if you and your attorney feel that the offer made by the defendant is unfair.
At this point, the claim will move to trial.
Moving to the Trial Phase
Your attorney may advise you to move to trial when mediation or pre-trail negotiations do not result in a satisfactory settlement.
In the trial phase of a lawsuit, a judge or jury will listen to the parties and make a determination after the presentation of evidence and witnesses. The list below contains some of the information a personal injury attorney may present on your behalf:
- A Texas Department of Transportation accident report (available online)
- Witness testimony
- Documentation such as photos from the accident
- Medical bills and service statements
- Expert witness testimony
- Documentation of lost wages
Your lawyer will use this evidence to establish negligence by the defendant, showing how that person owed you a duty of care to drive safely, yet they failed in that duty.
The evidence should also show the connection between the defendant’s negligent actions and your car accident injuries.
This will allow you to claim compensation for the resulting expenses and property damage. Without these elements showing a breach of duty and the link to your harm, you can’t successfully obtain financial relief.
The trial phase of a lawsuit can be lengthy.
Scheduling witnesses and experts to testify, the defense’s presentation of their evidence, and jury deliberation do not happen quickly.
This is another reason why it’s vital that you engage a qualified lawyer as soon as you can after the cras, so they can begin building your case.
The Post-Trial Period
At the end of the trial proceedings, the judge (and jury, if there is one) will issue a ruling on your case, including any settlement awards.
You or the defendant may not agree with the trial court’s ruling. When this happens, the unsatisfied party can file an appeal, and the appellate court will review the case to determine if there were any errors.
If the appellate court believes an error affected the outcome of your case, it may change the trial court result or remand your case to be tried again in a lower court.
Your initial trial attorney should be experienced in managing appeals to ensure you have the support you need throughout every phase of your case.
Protect Your Rights and Maximize Compensation In Your Texas Car Accident Lawsuits
Working with a car accident attorney in Texas gives you significant advantages.
Our attorneys can negotiate with insurance companies to demand a fair settlement for your injuries. If the insurance provider does not meet your demands, then our skilled Pearland car accident attorney can take you through the process of a lawsuit to obtain financial compensation.
Working with hundreds of accident victims in Texas has given J.D. Silva & Associates a firm grasp of the legal challenges preventing victims from succeeding in their claims.
We are here to avoid legal barriers. We are ready to help you secure your compensation through compassionate but aggressive support during the injury claim process, both in and out of the courtroom. Contact us to find out your legal options.