Your personal injury claim is going to court, now what?
Thankfully, the majority of people will never find themselves involved in a lawsuit. However, if you’re involved in an accident that results in an injury, there is a high probability that you’ll need to file a personal injury claim. Most accident claims are settled outside of court. But, there is always the possibility of your claim being sent to trial. Whether your claim is heard in court or not, you should have an experienced accident attorney on your side representing your best interests. The Law Office of Brian Brunson is available 24/7 to ensure your claim is settled fairly and promptly, whether that be in or out of court. The following is a breakdown of how the process goes if your claim ends up before a judge or jury.
Consult with a Personal Injury Lawyer
If you suffered injury due to a car, truck, or motorcycle accident, it is imperative that you consult with an experienced Texas personal injury attorney. The Law Office of Brian Brunson has years of experience handling personal injury claims and has an award-winning reputation backed by 5-star client reviews. When you visit our office for your free consultation, you suggest bringing any insurance information, supporting documents, medical bills, and notes you have taken about the accident and/or those involved. Remember, you don’t pay us a dime unless we win your case. We are dedicated to helping our clients achieve the fairest settlement possible. You’re already suffering because of the accident; we make sure you aren’t a victim of the insurance company as well.
Investigation of your Claim
After you hire us, we will being researching your case in order to fully understand how you were injured (the circumstances surrounding the accident) and the extent of your medical bills, lost wages, and other costs. You will not have to deal with anyone. We will contact the insurance companies directly and deal with any opposing attorneys why may be representing the insurance company or other parties involved in the accident. We will keep you informed at all times about the progression of your claim. We want you to focus on healing yourself and managing the emotional trauma the accident may have caused.
Resolving a Claim Outside of Court
Most personal injury claims can be resolved without going to court. Our goal is to negotiate a settlement with the insurance company and/or other applicable parties without involving the court system. In the majority of cases, the insurance company also wants to avoid a potentially lengthy trial, so they will present a settlement offer. When this happens, we will review the settlement offer with you, give you our professional opinion and determine whether to accept the offer or file a counter offer. We are here to represent your best interests, but want you to understand that the decision to accept a settlement offer is entirely up to you. Visit RateMyCarWreck.com to determine whether or not you may be owed a settlement.
Filing a Lawsuit in Court
If a settlement cannot be agreed upon between the parties involved, we will file a lawsuit and the claim will be heard in a court of law. It can take months or even years to settle a claim in court. We want you to be knowledgeable and prepared for the process. Th initial court process is made up of 3 phases; Complain and Answer, Discover, and Motions.
During the Complaint and Answer phase, we will present your case, including your claim of how you were injured and the extent of your financial losses. In addition to being filed in court, the opposing party (the defendant) will be served the complaint as well. It is now up to the defendant to answer the complaint. They usually have 30 days to file their answer.
During the Discovery phase, both parties collect depositions, evidence, and other pertinent documentation regarding the case. A deposition is an opportunity for both parties in a civil lawsuit to obtain testimony from a witness under oath prior to trial.
During the Motions phase, the defendant may request that the court dismiss one or more of your claims, or even dismiss the entire case. If the defendant requests a dismissal, we will respond accordingly and possibly request a hearing to that the judge can hear both sides of the argument.
Trial by Judge or Jury
If your case goes to trial, we will present your side to the court. Burden of proof must be demonstrated. After opening statements are heard, we will then present all of the evidence. This can include documentation and/or the testimony of bystanders or expert witnesses. Expert witnesses could include physicians, insurance or financial professionals, investigators, etc.
The opposing parties will then present their defense. The opposing party’s attorney may call forth witnesses and present evidence to support their argument against your claim. After both parties, the claimant and defendant present their evidence, they will have the opportunity to cross-examine witnesses.
After witnesses have been cross-examined, each attorney will present their closing arguments. Closing arguments give the claimant and the defendant a final attempt to persuade the judge or jury to present a favorable outcome for their side.
Once this has concluded, the judge or jury will make a final determination if one, the defendant is liable for your injuries and/or damages, and two, the total amount of damages (money) the defendant must pay you.
After the Trial
Sometimes the losing party may appeal the court’s decision. When this happens, the court’s initial ruling is reexamined by another court, know as an appellate (appeals) court. If the defendant does not file an appeal, you will be awarded the settlement as ruled by the court. Before you receive any funds, we will first pay any entities that have a legal right to financial compensation. These entities might include healthcare providers, investigators, etc. We will then deduct our agreed-upon fee for representing you and write you a check for the remaining balance of the settlement.
The Law Office of Brian Brunson focuses on serious personal injury, auto, truck and motorcycle accident cases throughout the state of Texas. We have been named “Best Car Accident Lawyers in Dallas” and have a 5-star, A+ rating by the Better Business Bureau.
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