When You Have Been Injured, We Can Help

When You Have Been Injured, We Can Help

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What You Should Know About The Personal Injury Trial Process

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 judgment.
      • 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.

How Long Will My Personal Injury Case Take?

One of the questions we most commonly field here at our Dallas personal injury law firm is, “how long will my personal injury case take?” Unfortunately, the answer is more complicated than many would like. As you may know, there are many, many different types of personal injury cases – from car accidents to product liability cases and wrongful death suits. That being said, there are different timelines for how long a personal injury case will take to be completed based on the nature of the case. In some instances, we are able to reach a settlement and agreement relatively quickly, whereas other cases can be drawn out for months, if not longer. At Rad Law Firm, we believe in doing everything we can to ensure your Dallas personal injury case is handled with the utmost care and attention. We will be open and honest with you about how long we expect it to take and will never tell you something that is simply not true.

In order to have a better understanding of how personal injury cases work, it is a good idea to look at the major differences between quick settlements and professional settlements. First, let’s look at quick personal injury settlements. If you have any experience with the law, you are likely aware that insurance companies are known for trying to rush injured individuals into settling their claim and taking the money being offered to them. However, quick settlements typically don’t work to the victims advantage. In fact, insurance companies often take advantage of injured parties by pushing them to “take the money and run”. While your case will undoubtedly be handled and settled much faster, chances are you won’t receive the compensation you deserve. Furthermore, if you settle your case quickly with the insurance company – before your doctor has even declared you healthy for work – there is a strong possibility you will run into more issues down the road and find yourself in an unfortunate situation

Let’s now take a closer look at professional personal injury settlements, or the longer of the two options. Unlike a quick settlement, individuals who choose to hire an attorney to help them with their personal injury claim likely won’t see the money as fast, but they will get more in the end, guaranteed. When you hire an attorney, the tactics of the insurance company or other defendant change. Once you know you have adequate legal representation, they will drag their feet and try and draw out the case as long as possible, hoping you become frustrated and opt for the quick settlement. It is important for you to trust us and the process and know we have your best interests in mind.

Additional Factors To Consider

Something very important to keep in mind is that personal injury cases are not usually settled overnight. There are numerous factors that may contribute to a personal injury case moving at a slow pace, including:

  • Any legal or factual issues surrounding the case
  • The case involves a large sum of money
  • You have yet to improve health-wise from your injuries
  • The parties involved are large corporations

No matter how you look at it, these circumstances result in personal injury cases taking longer than most would like. We encourage you to be patient and know we have your best interests in mind and are doing everything in our power to ensure you receive the compensation you deserve for your injuries. These things cannot be rushed. To learn more about our Dallas personal injury law firm or if you have an inquiry about how long a case should take, please do not hesitate to contact Rad Law Firm today.