After suffering injuries from a car accident or other type of personal injury, you may not be thinking about going to court. After all, personal injury trials are not very common, accounting for just 10% of civil cases. However, if you do end up having to go to court, you want to ensure that you get the best outcome possible.
It’s possible to file a lawsuit against the liable party or their insurance company and have a trial scheduled, only to get a settlement at the last minute. But if that doesn’t happen, you’ll have to battle it out in court, and trials can be unpredictable. This could be a good thing, allowing you to receive much more money than you would have gotten in a settlement. It could also be a bad thing, with the jury favoring the other party and causing you to get very little or even nothing.
There is a lot of work that needs to be done even before you go to trial. This is called the pre-trial stage, and it is very important to the case as it involves gathering important documents. This is a process known as discovery. The other party may demand witness statements, medical records, and financial documents. This process also includes gathering evidence through depositions and interrogatories, which are written questions answered by one party under oath. Both sides must share all information with each other. If your lawyer requests certain documents from the defendant’s lawyers, they must provide them. The discovery process alone can take many months or even years.
The parties may also request mediation to try to resolve the issues and agree on a settlement before going to court. But if they are not successful, then they will need to proceed with a trial.
The Trial
Here is a condensed version of what happens. During the trial, each side has a chance to present their evidence. The lawyers will question witnesses and make arguments. This includes opening statements from each attorney, testimony from witnesses, and closing arguments that summarize each party’s position. Based on these arguments, the judge or jury will make a final decision. They will decide on fault, damages, and other legal issues relevant to the case.
Trials are usually quick, with a verdict often decided in less than a week. A lot of this time involves selecting a jury and listening to the testimony of witnesses. It may take a jury a few hours to decide, or it could be a few days, depending on the strength of the evidence,
Contact Our San Antonio Personal Injury Lawyers Today
Personal injury trials are uncommon, but it is good to know the process if it ever does happen.
After a car accident, workplace accident, slip and fall, or other accident, make sure you get the legal help you need. For a personal injury lawyer in San Antonio, contact The Law Office of Raul A. Guajardo, P.L.L.C. Our law firm offers caring, dependable representation. Schedule a free consultation today by calling (210) 510-1111 or filling out the online form.