Navigating the complex world of personal injury lawsuits can be a daunting task, particularly when faced with the uncertainty of a trial. For many, the courtroom can be a mysterious and intimidating place. The stakes are high, emotions run deep, and the outcome can be life-changing.
If your personal injury case heads to the courtroom, we at De La Garza Law Firm can help you understand the trial process in Texas can equip you for the journey ahead.
What Are Some of the Reasons Cases Go to Trial?
In Texas, the majority of personal injury claims are resolved out of court via settlement. However, certain circumstances can steer the case toward the courtroom.
In many cases, a defendant might offer a settlement that is much lower than what the plaintiff is entitled to. When a case goes to trial, the judge or jury will determine the final value of the award, strengthening the plaintiff’s chances of a fair settlement.
In other cases, the plaintiff might want to hold the defendant publicly accountable for his or her actions, making a public trial essential. Additionally, if the defendant’s lawyer believes they have a robust defense, he or she might lean towards contesting the claim in court rather than settling.
What Happens During a Personal Injury Trial?
A personal injury trial follows a structured process designed to allow both parties to present their arguments and evidence. The proceedings begin with opening statements, where both sides outline their arguments and the framework for their case.
During the trial, both attorneys will present evidence relevant to the lawsuit. Eyewitnesses may take the stand and provide their account of the events. The attorneys may also call upon experts to discuss certain aspects of the case; for example, a medical expert could testify about the extent of the victim’s injuries.
After all evidence is presented, attorneys will provide closing arguments. The decision-making then shifts to either a jury or, in bench trials, a judge. They evaluate the presented evidence, consider the legal arguments, and ultimately deliver a verdict. This verdict not only determines fault but also the compensation amount, if any, owed to the plaintiff.
How Do You Prepare for the Trial Process?
Facing a personal injury trial can be overwhelming, but preparation is key to navigating the process. A Texas personal injury attorney will be an invaluable source of knowledge and support during this time. Your lawyer will help you understand the steps involved, keep you informed on your case’s strategy, and answer any questions that you may have.
Still, there are steps you can take to empower yourself and improve your chances of a successful trial:
- Educate Yourself: Familiarize yourself with the basic legal processes, so you aren’t caught off guard by legal jargon or courtroom proceedings.
- Communicate with Your Attorney: Regularly check in with your lawyer and provide any new information that could be relevant to your case.
- Prepare Yourself Mentally: Trials can be emotionally draining, especially when recounting traumatic events. Take steps to care for your mental health, such as seeking counseling or joining support groups.
If you were injured due to someone else’s negligence, you have the right to pursue a personal injury lawsuit. In these situations, you need an attorney on your side who can protect your best interests and fight for your right to recovery. As soon as possible after the accident, contact a McAllen personal injury lawyer to plan your next steps.
