Posted on Tuesday, November 13th, 2018 at 7:08 pm
The majority of Texas personal injury claims are settled without having to take them to trial. It might take some serious negotiating, but generally both plaintiffs and defendants shy away from the additional expense and effort of taking a claim further if a resolution can be achieved to the satisfaction of both the defendant’s insurance adjuster and the plaintiff. However, a minority of claims do eventually lead to a lawsuit as there may be no other way to recover the damages involved after a serious or catastrophic injury. Defendants, and in particular their insurance carriers, may simply dig in their heels, hoping that they can shake off the plaintiff without any further negotiating.
Filing a lawsuit and taking a case to trial may be the last resort, but with a skilled and determined personal injury attorney, it may help to provide the injured victim of an accident for which he or she was not to blame with the financial resources to cope with a major injury.
Step one: filing a petition
A Texas personal injury lawsuit starts by the plaintiff filing a petition with the appropriate civil court. The petition sets out the grounds for claiming compensation. It outlines the accident and who the plaintiff believes was responsible, how negligence caused the plaintiff’s injury(ies) and how this has affected the plaintiff from a financial and psychological point of view.
The defendant then responds to the petition, usually through his or her insurance carrier’s own attorneys. It is unlikely that a claim for compensation would start with a lawsuit as negotiations would have been attempted already.
Step two: discovery
Discovery as part of the litigation process takes place so that both the plaintiff’s and defendant’s counsels can discover what evidence the other side has that can affect the outcome of the trial. Discovery may take the form of interrogatories, depositions, making available documents and records, and any other evidence such as photos, crash investigation reports and so on.
It is important that a plaintiff has chosen an attorney with the experience and familiarity with the discovery process in a personal injury lawsuit as discovery will become a crucial part of the litigation procedure before the trial itself.
Step three: the trial
The trial will determine whether the defendant is liable for the damages claimed. The date for the trial will be determined by the trial judge depending on the trial schedule the judge has. This can be frustrating as the trial date may be moved back if complications arise with trials booked in beforehand or the judge decides to set a date for a new trial before
Choosing an attorney who is prepared to go the whole way with a personal injury lawsuit
For any queries about help with personal injury claims after a serious injury caused by another person’s negligent actions, contact an attorney who is prepared to go all the way if that is what it takes at the Patino Law Office in McAllen, Texas, at 956-631-3535 today.