What Should You Expect During a Car Accident Lawsuit in Texas?

Insurance companies don't like to pay out, and when they do, it's often as little as they can get away with. That means sometimes it's not possible to reach an agreement that covers the medical bills, lost wages, and other economic damages you have suffered, no matter how hard you negotiate.

In such cases, you may have no alternative other than to file a lawsuit. However, this is not the only reason for going to court. It may be that the opposing party claims that your version of what happened leading up to and during the accident is inaccurate and wishes to dispute the case in court. Don't let yourself be daunted by the idea of the legal process; read on to find out what to do and what to expect.

Why Hire an Experienced Midland Car Accident Attorney?

Though it is possible to represent yourself in court, it is not likely to lead to the outcome that you're hoping for. The best chance you have of getting a fair settlement is to work with an attorney who knows this area of the law.

When clients come to us seeking legal representation, we offer a free, no-strings, no-risk consultation where you can lay out the facts of your case. This is an opportunity for you to get answers you can't find on the internet, as well as meet us in person. We know how important it is for people to feel comfortable with their advocates, and this helps our clients to get to know us.

Preparing and Filing the Lawsuit

If filing a personal injury lawsuit is the best option for you, we will prepare your lawsuit. Once we have reviewed all the information relating to your accident (including police reports, medical records, bills, and other evidence) we will file a complaint, which is a legal document detailing your case.

We will need to do this within two years of your accident, so it is best to consult with us sooner rather than later if you think you want to pursue damages in court. There are circumstances under which the statute of limitations can be extended, but these are uncommon, and it is much better to act quickly. We are also required to serve the other driver and their insurance company with a copy of the complaint so that they know that you are bringing a suit against them.

Waiting for the Defendant's Response

The defendant has a set amount of time to respond once they have been served with your complaint. This is usually a month. However, this timeframe may be extended if they file a motion to dismiss. This is a motion stating that you have not filed a proper claim, which relates to legal correctness not the specific information in your claim. The other response of a defendant might be to file a counterclaim, which is a claim brought against you which is similar to the one you have brought against them.

The Discovery Process

This is where we and the defendant's lawyers review all the evidence relating to your case. It is best to be prepared for this part of the case to take some time, especially if the opposing party tries to stall. As well as requests for production (where we ask for documents and other tangible evidence), there may be interrogatories, which are written questions that must be answered under oath, and depositions, which are sworn testimonies given out of court for use later on.

This information is not only important because we are preparing to go to trial. Sometimes at the end of discovery, the evidence is so clearly in favor of one party that a summary judgment may be granted by a judge, meaning that the case can be resolved without having to proceed to trial.

In other cases, it may be that the other party offers to settle during the discovery phase. This is especially common during car accident cases, as the revelation of evidence and the clarifications provided by deposition and expert testimony can lead to a greater understanding of the events and reduce ambiguity. Jury trials can be unpredictable, and if it becomes clear that one party is clearly in the wrong, they may wish to settle before trial to avoid having to pay more in court.

The Trial

If a summary judgment is not granted by the end of discovery, the case will go to court. You can request a jury trial or can allow the case to be decided solely by a judge, which is called a bench trial.

Jury Selection

This is also called Voir Dire, a phrase that comes from Latin and means “to speak the truth.” During this part of the process, we and the opposing party's lawyers will have the opportunity to interview prospective jurors to make sure that they do not show undue bias against one side or the other.

Opening Statements

As the side bringing the complaint, we will give our opening statement first. We will outline the facts, explain how the accident happened, and describe your injuries and damages. The other party's lawyer will then give their version of events, which may dispute their client's liability or the severity of your injuries.

Presentation of Evidence

This is the core of the trial, where both sides present witnesses and physical evidence to support their cases. We may call you to testify about the accident, your injuries, and the impact that these have had on your life. If there were any eyewitnesses who can back up your description of how the accident happened, they may be called to do so.

We are also likely to call on expert witnesses. These witnesses can explain complicated aspects of the crash or testify as to the seriousness of your injuries. The defense will have the opportunity to ask questions, that is, “cross-examine” our witnesses, as we will have the opportunity to cross-examine theirs.

Closing Statements

This is where both sides summarize their cases before the judge or jury go to make their decision. We will use this to reiterate the strong points in our case, as well as remind the court of the weak points in the defense's case.

Deliberation and Verdict

If there is a jury, the judge will give them legal instructions before sending them out to decide on a verdict: a process called deliberation. If you have opted for a bench trial, the judge will review the evidence and make a ruling. The verdict will determine who is at fault for the accident, and if the defendant is liable, how much compensation they must pay you.

Don't let fear of the unknown prevent you from pursuing justice. Call us today at Cesar Ornelas Injury Law in Midland, TX. We also have offices in San Antonio, Dallas, El Paso, and Odessa as well as serving areas of New Mexico and California.