There are many steps involved in a car accident lawsuit in Texas, right from the official filing of the suit to the final trial in court. And since you will be hiring a professional lawyer to take care of the case, you won’t have to waste time trying to understand the nitty-gritty details of the suit. But having a general idea of what happens is such lawsuits will always be beneficial for you. Below, we take a look at the six steps that are usually involved in a car accident lawsuit.
File A Lawsuit
The first step involves filing a lawsuit with the local court. Your lawyer will decide on the allegations to be charged against the defendant, the amount of money you are entitled to, and so on. The defendant will either respond to the charges by accepting it or sending a counterclaim. So, ensure that you go through all available lawyers for Texans and choose someone who has the experience and knowledge to represent your case and win it for you.
The defendant can make a number of motions which will influence the case. This involves a motion to change the judge or venue, removal from a state court to a federal court and so on. They may also move a motion to dismiss the case, which if agreed by the judge, will shut down your lawsuit without ever going to trial.
If your case is not dismissed, the judge will decide on a trial date. And during the period, you and the defendant will be advised for mediation. In a mediation, you and your lawyer will meet up with the defendant and their lawyer. A third party will act as a mediator and seek to bring the case to a mutually beneficial closure, wherein you may receive a fair compensation for the accident in exchange for dropping the case against the defendant.
If the mediation fails, then your case is obviously going to the trial. But before that, there is the discovery process, wherein the layers from both sides will seek to collect as much evidence as they can to support their case. Your lawyer will try best not just to have solid evidence that will incriminate the defendant and make them pay the compensation, but also to formulate responses that will nullify any evidence brought against you by the defendant’s lawyer.
Once the discovery process is completed, the case will enter into the summary judgment phase. Both the lawyers will submit their findings to the judge, who will then go on to check the evidence presented by both the sides. If the judge is satisfied with one party’s evidence in support of his side, then the judge will decide in favor of that party and close the case. But if the judge finds it difficult to arrive at a concrete conclusion, then he will argue for a trial to settle the dispute.
Going To Trial
This is the final stage of the lawsuit where the case will be on trial. Your case may be handled either through a bench trial or a jury trial. In the first scenario, the judge decides which evidence is valid, while in the second case, a jury decides which evidence is to be accepted as true.
Based on how well the case has been presented, together with the impact of the evidence, your lawyer can win the lawsuit for you and get the compensation you deserve.