If you suffered an injury because of someone else’s conduct, you may have to go through litigation to get the compensation you are legally owed. Litigation is the process of resolving a dispute by going through the court system. There are several phases of litigation, and each one is an important part of the overall process.
Keep reading below to learn everything you need to know about litigating a personal injury case.
Where Does Litigation Take Place?
Litigation takes place in the civil court system. The court structure may vary from state to state, but the overall litigation process is generally the same. The specific court where your personal injury litigation takes place can depend on where your accident occurred, as well as the total value of your damages.
The Litigation Process
The litigation process can be quite lengthy. Some claims may be resolved within a few months, while complex ones can take more than a year.
The typical litigation process involves:
Complaint and Answer
Litigation starts when the plaintiff files a complaint with the court. The complaint outlines the defendant’s specific wrongdoings and the total damages the plaintiff is seeking. Once the complaint is filed with the court, an official copy must be served upon the defendant.
After receiving the complaint, the defendant is given an opportunity to respond. Litigation has strict timelines and deadlines, and, in Texas, defendants usually have 20 days to file an answer to the plaintiff’s complaint. Failure to file an answer could result in a default judgment against the defendant
Discovery
Once the complaint and answer have been filed, litigation is officially underway. The next phase of litigation is discovery. During discovery, both sides gather as much evidence as possible and begin to learn the strengths and weaknesses of their case.
There are many important tools used during discovery, such as:
- Requests for production: One party requests that the other produce certain evidence, such as contracts, documents, photos, or other digital or physical evidence.
- Requests for admission: In some situations, the parties may agree on certain facts. This prevents litigation of those specific facts and can help the process be more efficient.
- Interrogatories: Interrogatories are written sets of questions passed from one party to the other. In Texas, no more than 25 interrogatories may be served on another party.
- Depositions: A deposition is a way to take someone’s formal testimony under oath. Depositions are extremely important in personal injury litigation.
During this time, the attorneys in the case may also file motions with the court. They may ask the court to dismiss the case for lack of evidence, to prevent certain evidence from being admitted, or to compel the other party to comply with discovery.
Settlement Negotiations
After discovery is complete, both sides have a good idea of the evidence available in the case. This allows them to put an accurate value on the claim. At this time, settlement negotiations usually begin. The parties might also turn to alternative dispute resolution methods, such as mediation or arbitration.
If a settlement is reached, the litigation will end. Most personal injury claims are settled without going to trial. However, some claims cannot be settled, and the litigation proceeds toward trial.
Going to Trial
If a settlement is not reached, your claim will proceed to trial. Trial usually begins by selecting a jury. Once the jury has been selected, both sides will have an opportunity to present their case. They may call witnesses, present evidence, and make compelling arguments that support their claim.
At the conclusion of the trial, the jury will make a decision. If there is no jury, the judge in the case will make the final decision. This decision is entered as a court order, and the parties must comply with its outcome.
What Happens After Litigation?
If you are not happy with the outcome of the trial, you may be able to appeal the decision. Your appeal must be filed with the appeals court, but there are important rules you must follow. The appeals court will not consider new evidence. Instead, they will review the trial court record for legal errors, such as:
- Improper jury instructions
- Evidence that was improperly admitted
- Juror misconduct
- Misapplying the law to the case
On appeal, the appeals court may overturn the trial court’s decision, affirm the trial court’s decision, or remand the case back to the trial court with very specific instructions.
Reach Out to Benton Accident & Injury Lawyers for a Free Consultation With a Dallas Personal Injury Lawyer
Litigation can be a complex and lengthy process, and you need an experienced Dallas personal injury lawyer to help. If you have been hurt in an accident, contact the team from Benton Accident & Injury Lawyers at (214) 556-8321 for a free consultation today. We can answer all your questions and give you sound advice about your legal options.
