When you file a personal injury claim in Laredo, the odds are high that you will resolve your case with an insurance settlement, meaning the case will not end up in court. The vast majority of personal injury cases in Texas reach settlements.
However, there are scenarios where going to trial might be in your best interest, such as if an insurance company is not treating you fairly. Learn what to expect and how to improve your odds of success if your personal injury case goes to trial in Laredo.
Hiring an Attorney
If you have a complex personal injury case with challenges such as catastrophic injuries or insurance company bad faith, you should hire a Laredo truck accident attorney to take over settlement negotiations for you. In many cases, hiring an attorney is enough to get an insurance company to take you seriously and offer a reasonable settlement. If the defendant’s insurance company still refuses to accept liability and offer a fair payout, however, a lawyer can be invaluable during the trial process.
Pre-Trial Discovery
The first step after your attorney files the paperwork to initiate a personal injury lawsuit with a Laredo civil courthouse is the discovery phase. During this period of time, both parties involved will have the opportunity to investigate the incident and exchange evidence and information with each other. As an investigation proceeds, either party may choose to settle at any time prior to the first day of the trial.
Jury Selection
As your assigned trial date approaches, your Laredo car accident lawyer and the defendant’s attorney will undergo the jury selection process. Both sides will have the chance to ask potential jurors questions and select jury members. Once chosen, the jury will be responsible for hearing the evidence presented at trial and deciding whether you met your burden of proof, or your responsibility to prove that the defendant is most likely to be at fault for your injuries or losses.
Personal Injury Trial
If negotiations with the other side of the case continue to be unfruitful, the trial will begin as scheduled. Your attorney will go before a judge and jury in court and present witnesses (which may include expert witnesses) and evidence to try to prove your claim against the defendant.
A trial contains the following parts:
- Opening statements
- Presentation of evidence and witness testimony
- Cross-examination of witnesses
- Closing arguments
- Jury deliberation
- Jury verdict
The defendant will have the opportunity to refute your evidence and provide its own information for the jury to consider. If the jury believes you met your burden of proof (a “preponderance of the evidence”), they will require the defendant to pay you a certain sum of money for its liability for the incident.
Post-Trial Processes
Your case may involve additional processes after the conclusion of the trial. These can include the collection of a judgment award, an appeal filed by either party or post-trial motions filed to challenge the ruling. Your lawyer will guide you through the entire legal process from start to finish to ensure that you have everything you need.
A personal injury trial is not right for every accident victim. To discuss the pros and cons of your case going to trial in Laredo, request a free consultation with an attorney at Gonzalez Druker Law Firm.