Filing and Litigating a Car Accident Case (Part IV of Car Accident Case Process)

por | Abr 23, 2021 | Filing and litigating a car accident case | 0 Comentarios

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What you should know about car accident litigation

Filing and litigating a car accident case might be your best recourse for adequate compensation. The more serious the injury and costly the care, the less inclined insurance companies are to pay.

Granted, litigation is a longer runway. It takes longer to receive payment, but is generally worth it. Cases vary. This is why whenever someone asks a lawyer how long their case will take, the answer is always, «it depends.»

What Is the Process for Litigating a Car Crash Lawsuit?

Keep in mind, the process differs based on the case. Even so, the steps involved with litigation generally include:

  • Your attorney files the complaint with the court. Filing begins the lawsuit.
  • The attorney serves the defendant the complaint. (The insurance company represents the defendant.)
  • The defendant’s attorney responds to the complaint. Depending on the jurisdiction where the lawsuit is pending, defendants typically have a month to answer the complaint.
  • Discovery occurs. The plaintiff and defense request information that could serve as evidence during trial. The discovery process can last months, and in some cases, a year or more.
  • The trial occurs. Both attorneys examine witnesses and present evidence. The trial might last only take a day or two. At the end of the trial, the jury renders the verdict. If the jury finds the defendant guilty, it will also determine the amount of compensation awarded to the injured party.
  • Appeal is also possible. If either party is unhappy with the outcome, they can appeal. However, there must be legal grounds to support the appeal.

At any point during the trial could reach a settlement, ending the trial. In fact, settlement has occurred in some cases right before rendering a verdict.

Experienced Legal Guidance Through Every Step of Filing and Litigating a Car Accident Case

The Law Office of Michael R. De La Paz has successfully represented clients in car accidents cases for more than 20 years. While based in San Antonio, we have handled numerous accident cases all over Texas, from Terrel to Odessa.

You owe no out-of-pocket expenses in a car accident case. Moreover, legal fees are part of the recovery, but only if we win or settle your case.