Know What to Expect in Your Texas Personal Injury Case

June 12, 2011

Although no two personal injury cases in Texas will ever follow exactly the same path, there is a progression of general stages that almost every claim will go through. Should you choose to pursue a personal injury claim, your lawyer can explain the process in greater detail and apply it to your unique circumstances. But, after suffering an injury, many victims wonder just what will happen in the course of their personal injury suit. Having a basic sense of what to expect can help put your mind at ease and allow you to make informed, thought-out decisions.

Pre-filing

Some important actions must be taken before a case ever reaches a courtroom. Usually, the instigating event behind a personal injury suit is some type of accident. After dealing with immediate medical needs, victims should contact a Texas personal injury attorney. You should carefully consider what kind of attorney you would like to retain, taking into account factors such as experience, location and fee structure.

It is important to find your personal injury lawyer as quickly as possible: in Texas, the statute of limitations on personal injury claims is two years. This means that, with a few exceptions, your lawsuit must be filed within two years after your car accident or other accident. You should allow plenty of time, as further steps may be necessary prior to filing court papers in your case, especially if your case involves complex facts. Furthermore, it is usually easier for your attorney to gather evidence closer to the time of the accident. As time goes by, witnesses may forget details or become hard to reach, and physical evidence could disappear.

Once you have found an attorney, you may be asked to assist with some preliminary investigation regarding your claim. For instance, your attorney might want you to see a doctor to explore the extent of your injuries. At this point, your personal injury attorney may also conduct some independent fact-finding to help gauge the strength of your case.

Early Actions in Court

Once your attorney has gathered enough information, and if an acceptable settlement offer has not yet been proposed, he or she will file paperwork with the court clerk to officially get your case started. To begin a legal suit, the plaintiff (the party initiating the lawsuit) submits a document known in Texas as an "original petition." The original petition explains the facts and law behind the claim. The defendant (the party being sued) must reply to the petition by filing an answer. The answer will typically admit or deny claims set forth in the original petition, and may bring up potential defenses.

Next comes a process called "discovery." Each side is entitled to relevant information possessed by the other, and this information is traded in discovery. Each side may compel the other to answer questions, produce documents, or participate in depositions (sworn statements in which an individual responds to questions asked by an attorney).

Often, the information gathered through discovery leads to one or both sides filing pretrial motions. Pretrial motions ask a judge to rule on a given question. Sometimes, motions can mean the end of a case; for example, if one party believes the essential facts are not in dispute and that they compel a given result, a summary judgment motion may be filed. A summary judgment motion asks the court to simply apply the law and resolve the case immediately. Other motions may deal with important questions, such as the admissibility of certain evidence, but will not strike a death blow to a personal injury claim on their own.

Settlement

Most personal injury cases never come to a full trial. Instead, some arrangement is usually reached between the parties in which the plaintiff agrees to give up the right to continue any legal action in exchange for a payment from the defendant.

Settlement is a bit of wild card, since it can occur at any stage of the trial, or even before a lawsuit is filed. However, settlement conferences commonly occur after discovery and rulings on pretrial motions, since at this point the strengths and weaknesses of each party's position will be fairly clear. In a settlement conference, the attorneys will negotiate to try to arrive at a dollar amount acceptable to their respective clients.

Trial

If a case has not been resolved through settlement or pretrial motions, it will be presented to a judge or jury. Even though the vast majority of cases are concluded long before trial, this is the aspect of a case that many individuals are most familiar with.

During trial, evidence is offered before a judge or jury. Witnesses will describe what they observed, and will be tested through cross-examination. The attorneys for each side will have the opportunity to present an opening statement and a closing argument. Finally, the jury or judge will come to a decision based on whether it is more likely than not that the defendant should be held liable for the plaintiff's injuries. If the plaintiff wins, compensation will be awarded.

Post-trial Concerns

Often, the defendant (or an insurer) pays the judgment immediately. Sometimes, however, a defendant is reluctant to pay, and you will need to rely on your attorney to help with collection efforts. Through legal action, bank accounts or salaries may be garnished, or in the case of debtors that are businesses, assets may be seized.

In some cases, a personal injury appeal is also a possibility. Appellate courts only examine errors of law, so no new evidence is presented. If a legal error occurred that affected the outcome of the case, an appellate court may order a new trial or reverse the trial court's decision.

Ask a Texas Personal Injury Attorney

While a basic understanding of the anatomy of a Texas personal injury lawsuit may be helpful, it is important to have a licensed attorney guide you through your own individual case. If you have questions, contact a Texas personal injury attorney today.

Article provided by John K. Zaid & Associates, PLLC
Visit us at www.zaidlaw.com