Every personal injury case is unique. However, the basic process for filing and trying those cases is the same. If you’ve sustained a personal injury and are considering filing suit, it is good to become familiar with the process.
Hiring An Attorney
The Justice Courts in Texas can hear cases with damages up to $10,000. However, the District Courts have the legal authority to hear civil cases with damages as little as $200. If you decide to take your case to District Court, you will want the help of an attorney.
Filing And Serving
Once an attorney accepts the case, the next step is to file a personal injury complaint with the court. This complaint offers a summary of what the plaintiff is claiming the defendant did.
The next step is for the plaintiff’s attorney to have the complaint served to the defendant. This means physically delivering a copy of the complaint into the hands of the defendant. The papers will also include dates to appear in court, etc.
In most cases, the defendant will hire an attorney to handle his or her side of the case. The defendant has a certain amount of time to respond to the complaint. If the defendant fails to respond, the courts can issue a default judgement in favor of the plaintiff.
Pre-trial Activities
Before the case goes to trial, the judge will hold hearings to see how the case is proceeding and whether the parties will agree to mediation. The judge will also use a hearing to set a court date for the trial.
Both the plaintiff and the defendant’s attorneys will gather evidence and testimony from witnesses. This process is called discovery and can take months or even years.
Anywhere in this process, the defendant may make an offer of settlement. If the plaintiff agrees to the settlement, the case is closed and considered final.
Going To Trial
If the parties fail to settle, the case will go to trial. At trial, which can last several days, the plaintiff’s attorney will present evidence and testimony from witnesses. The defendant’s attorney can cross examine the plaintiff’s witnesses, bring in new witnesses for the defendant, or present evidence from the defense.
In the end, the judge or jury will determine if the plaintiff proved the case or not. If proven, the courts will determine the damages the defendant owes. After the trial is complete, either party can appeal the decision. Once all appeals are exhausted, the losing defendant is liable for paying the damages.
If you have a personal injury case you want to file with the courts, contact the experts at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas.