What to Expect From Your Personal Injury Lawsuit
If you have been in an car accident in Irving, TX and have retained an attorney to represent you, typically your case will start off and was known as the “Pre-Litigation” phase. You can learn more by checking out our previous post. If the circumstances do not allow for a reasonable settlement in the Pre-Litigation phase, many times an attorney will recommend that a lawsuit be filed. The following is information on some general expectations one should know about during the Litigation phase.
Filing of the Lawsuit and Due Diligence
The first step will be getting the lawsuit filed. The suit will typically be against the other driver. If there are multiple drivers or if there is a commercial policy, additional Defendants will be listed. Once the Original Petition is on file with the court, each defendant will need to be served with the lawsuit. Service must be done in person and can sometimes take time to locate the defendant(s). After the defendants are served they should turn the lawsuit over to their insurance company for representation.
Discovery and Deposition
When the insurance company receives the lawsuit. They will file an Answer to the Original Petition. They will typically include lists of questions and items they want turned in to evidence. The questions are known as interrogatories. The process of gathering this information is known as Discovery. Your attorney and their team will help you to complete the discovery process and will serve the information to the court and the attorney for the insurance company.
The next step in the process is typically to schedule depositions. Depositions are a formal process in which attorneys question Plaintiffs, Defendants, Witnesses, Medical Providers, and other parties related to the accident, in the presence of a Court Reporter. The Court Report documents all of the information shared in the discovery and the transcript becomes evidence.
Mediation
A mediation is usually set before the trial date in an effort to settle the claim without going before a judge. A Mediator is a third party that intervenes and assists to negotiate with the Plaintiff and Defendant to bring both to a reasonable compromise. If fair offers are presented at mediation, this is typically considered the best time to settle the case, as trials with Judge and Jury can be unpredictable.
Trial
In the instance that a case is not settled at mediation or any time before the scheduled trial date, the final step in the process is to be called to trial. The court will let the attorney know when when they are being called on the docket. All parties involved in the car accident in Dallas will need to be present at trial. Trails can sometimes take several days to conclude. The Judge and or Jury will eventually rule whether or not the Defendant is liable for the damages caused in the accident and if they are liable, a settlement will be awarded. Due to the conservative nature of juries in North Texas, the outcome of trial can sometimes vary. Trials typically should only be sought if all other efforts to settle the case for a reasonable amount have failed.
If you’re seeking legal assistance please do not hesitate to call David S. Kohm and Associates to find out what our team can do to help you resolve your case. Our practice has been open for over 25 years and our dedicated team has handled a wide variety of legal cases. Our attorneys are well versed in the litigation process and are prepared to fight for the settlement you deserve. Call now to discuss your options, our phone lines are open 24/7.
