If you’ve been involved in a car accident, it’s important to know what you might expect from a car accident claim as well as from your attorney.

The Law Office of Raúl A. Guajardo provides auto injury help in McAllen, Texas. When our firm handles a car accident claim, you can expect the following assistance and more:

  • Legal Documents: There is a significant amount of legal paperwork with any personal injury claim, and everything needs to be completed in accordance with the law. We will write the complaint, file your claim, and ensure that the defendants are served.
  • Investigation: Gathering evidence is a crucial part of proving your case. We will obtain the related police reports, hospital bills and records and any other documents that help substantiate the claim, and hire professional accident investigators and other experts when necessary.
  • Negotiating a Settlement: If the liable party offers a settlement, we can evaluate where it is acceptable compensation for the damages you’ve suffered. If settlement is in your best interest, we will advise you on your options work diligently to get you the best settlement possible.
  • The Trial: If a reasonable settlement can’t be reached, your case will go to trial. Raúl Guajardo is a skilled trial lawyer with extensive experience in presenting injury cases with professionalism and care.

The Legal Process to Resolve a Claim

The legal process of a car accident claim can be very intimidating for car accident victims. Knowing how this process works and what the next step will be can help alleviate your concerns and reduce the fear of the unknown.

Here is a brief overview of the process of seeking compensation through an auto accident claim:

1) Petition or Complaint

This is what actually gets the lawsuit started. The complaint will include naming the defendant(s), or negligent party; an overview of the case you will present to the court; brief supporting facts; and the compensation you are seeking.

2) Summoning the Defendant(s)

This is simply notifying the defendants’ of the claim against them. Upon delivery, these documents have to be signed and acknowledged by the defendant(s). This step also serves to inform the defendant(s) when and where the case will be heard and the date they will be found in default if they do not respond to the complaint.

3) Defendants’ Answer

This is the defendants’ response to the complaint they received from the court. It states their intentions about how they will proceed with the claim. The case may also take some twists here if a counterclaim is filed, if there is a cross claim filed or the defendant(s) name a third party as the responsible party to try and absolve themselves of liability.

4) Attempt at a Settlement

This is where both sides negotiate to resolve the claim in hopes of avoiding going to trial. A large percentage of lawsuits never make it past this stage. It can involve several offers and counter offers going back and forth. If the lawsuit is not resolved here, it will then go to trial.

5) Trial Phase

At this point, the lawsuit is put in the hands of the judge and jury and a verdict will be reached. Witnesses, expert testimony, documentation and other evidence will be presented by both sides.

6) Appeal of Verdict

If either the plaintiff or the defendant is unsatisfied with the judgment at trial, they may wish to take the case to a higher court to seek a different conclusion.

Choosing an Attorney

We strongly recommend getting help from an attorney with your car accident claim, but it’s just as important to find the right attorney. Look for a lawyer who specifically handles auto injury cases. This area of law requires different knowledge and experience than others. Having an attorney who deals mainly in divorce claims or estate planning is not likely to give you the best advantage. The more experience a lawyer has, the easier it will be to navigate a complicated claim through to a successful settlement or judgment.

Arranging an in-person consultation is always best when you are in the attorney selection process. Also review a potential attorneys’ success record and read online reviews to find out what past clients have to say.

As a car accident law firm in McAllen, Texas, the Law Office of Raúl Guajardo works on a contingency basis when handling personal injury claims, including auto accidents. What this means is that if we do not settle or litigate the case successfully in your favor, we do not collect any fees. Contact us today to schedule a free consultation and discuss your auto accident claim.