The Legal Process in Personal Injury Cases–What To Expect
The legal process of navigating a personal injury case can be complex, especially considering that the best path forward is not always clear if you’re unfamiliar with the process. But understanding the legal process can help you be more prepared. Here’s a general overview of what to expect when navigating your personal injury case:
1. Initial Consultation with a Lawyer
While it is not required for you to hire a lawyer, having an experienced one on your side can substantially improve your chances of success and securing maximum compensation.
At Braker White, your initial case review is free. During this meeting, we’ll discuss the details of your case and advise you on your legal options and the potential value of your claim.
2. Investigation
If you choose to hire us, your lawyer will start an in-depth investigation to gather evidence (may include accident reports, medical records, witness statements, expert testimony, etc.) in order to build a strong case and maximize your chances of securing the compensation you need and may deserve.
3. Filing the Claim
If there is adequate evidence to support your claim, your lawyer will file a complaint in the appropriate Texas court. This document will outline your allegations and the compensation you seek.
4. Discovery & Pre-Trial Procedures
Both sides will exchange information through a process called discovery. This can include written questions (interrogatories), requests for documents, and depositions (sworn statements taken in advance of trial).
Lawyers may file pre-trial motions to resolve certain issues before trial. For example, a motion to dismiss the case or a motion for summary judgment may be filed, which ask the court to decide the case based on facts presented without going to trial.
5. Settlement Negotiations
Most personal injury cases are settled outside of court. Your lawyer will negotiate with the defendant’s insurance company on your behalf to reach a fair settlement. If both parties agree, the case ends here.
6. Trial (If needed)
Most personal injury cases never go to trial. However, if a settlement cannot be reached through negotiation, your case will go to trial. This includes both sides presenting their evidence and arguments to a judge or jury. After hearing both sides, the judge or jury will make a decision (verdict) on whether you should receive compensation and how much.
7. Post-Trial
If you win the case, the defendant must pay the awarded amount. Sometimes this involves additional legal steps if the defendant contests the payment.
Either party can appeal the court’s decision if they believe there was a legal error that affected the verdict. An appeal can extend the duration of the case.
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