What You Should Know About the Personal Injury Trial Process

In Personal Injury by radmin

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If you are thinking about pursuing a personal injury lawsuit, there are a few important considerations you should keep in mind first. For starters, it is imperative you contact an experienced personal injury attorney the moment you think you may have a claim on your hands. While this is the most common area of law, personal injury lawsuits are oftentimes complicated and require the expertise and guidance of a good lawyer. He or she will be able to help you determine if you have a good case on your hands and, if so, how to proceed. The United States legal system is in place in order to ensure justice is served and those responsible for crimes are held accountable. Our legal system adheres to an “innocent until proven guilty” doctrine that allows for fair trials and individuals to plead their case.

When it comes to deciding whether to accept a settlement or take a case to court, there are many factors to consider. This is perhaps the most difficult – and important – decision a plaintiff will make in regards to their case. Many accident victims believe the easiest way out is to simply take the settlement and be done with it, but this is not always the case. That being said, personal injury trials are typically long and arduous, which is something to keep in mind. If you think you may have a personal injury claim and are wondering what the trial process looks like, we are happy to answer any questions. Our Dallas personal injury lawyers have represented countless individuals on a wide range of cases and are prepared to do the same for you. With that in mind, here is a brief overview of the standard events of a personal injury trial:

  • Pretrial Litigation Process
    • If your Dallas personal injury lawyer has determined to bring your claim to court, the following will likely ensue:
      • We will file a complaint naming who is liable for your accident and injuries
      • The defendant will be served
      • The defendant will file a response to the complaint, either confirming or denying the allegations
      • The defendant may ask for evidence to support the claim, including medical records, photographs, police reports, videos of the accident, and any other claims information
      • Depositions (sworn testimonies) will occur in order to support both sides of the case
      • After the depositions, one or both sides will file a motion for summary judgement
      • If the judge denies the summary judgement, the case will proceed to trial
      • Mediation is also an option at this point
    • Taking Your Case to Trial
      • In the event mediation does not work, the case will be scheduled for trial
      • Personal injury trials can last a day, week, month, or even longer
      • Please keep in mind that trials often get rescheduled because of judges’ schedules
      • Once the trial begins your lawyer will begin to try and prove your case by the preponderance of the evidence
        • Your lawyer must prove the defendant is 51% liable for your injuries
      • The jury is selected and the trial begins with opening statements
      • Witnesses are called
      • The defense attorney now has the opportunity to do the same
      • The jury will deliberate and make a determination about liability and any damages owed

We hope you now have a better idea of what a typical personal injury trial looks like. To file a claim or to learn more about your options, please contact Rad Law Firm today.