If you or a loved one has recently been injured in an accident, you may be feeling overwhelmed by the idea of pursuing a personal injury case in Texas. The physical, emotional, and financial toll that an injury takes can make it hard to focus on the legal steps you need to take. We understand that navigating the legal system can feel confusing, and you may be unsure of what to expect in the courtroom. At Chavez Law Firm, we are empathetic to your concerns and want to guide you through every step of the process to ensure you have the best chance at achieving a successful outcome.
Understanding the Texas Personal Injury Trial Process
A personal injury trial in Texas can be a lengthy process that requires careful planning and a thorough understanding of the law. The trial itself is the final step after a period of investigation, negotiation, and potential settlement discussions. It can feel intimidating, but with the right legal support, you can face this challenge with confidence. Understanding the key stages of a personal injury trial can help reduce some of the anxiety that comes with the unknown.
The Pre-Trial Phase
Before the trial begins, there are several important steps that happen behind the scenes. In the weeks or even months leading up to the trial, your attorney will work hard to gather evidence, speak with witnesses, and prepare the case. This is known as the discovery phase. Your attorney will investigate how the accident happened, collect medical records, and may even hire accident reconstruction specialists to help build a clear picture of the incident.
During this time, the opposing side’s attorneys will also be conducting their own investigation. They may request information from you, including depositions where you might be asked to give testimony under oath. This is a normal part of the process, and your attorney will help you prepare for this. The goal is to determine if a fair settlement can be reached before the trial starts. Often, cases settle out of court, but if that does not happen, your case will proceed to trial.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
What Happens on the Day of the Trial
When the day of the trial finally arrives, it can feel like a big step forward. Your case will be heard in front of a judge and, in most instances, a jury. In Texas, personal injury trials typically involve a jury of six to twelve people who will listen to the evidence and decide who is at fault and what damages should be awarded. The trial will take place in a courtroom, and there will be a variety of formalities that may be unfamiliar to you. This includes the presence of a judge who will oversee the proceedings and ensure that both parties follow the rules of the court.
The trial begins with opening statements from both sides. This is where each attorney will outline their case and what they intend to prove. It is important to understand that opening statements are not arguments but more of a preview of the evidence each side will present. After the opening statements, the plaintiff’s side (you, if you are the injured party) will present their case first. This will include calling witnesses to testify, presenting evidence such as medical records and testimony, and making their case that the other party is responsible for your injuries.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
The Defendant’s Side of the Case
Once the plaintiff has presented their case, the defendant (the party being sued) will have the opportunity to present their side of the story. They may introduce evidence, call witnesses, and try to discredit your version of events. It is common for the defendant’s attorneys to argue that you were partially or fully responsible for the accident. This is why it is important to have a strong case, backed by clear evidence, to refute these claims.
During this phase, both sides will be able to cross-examine each other’s witnesses. This is when the opposing attorney can ask questions aimed at weakening the credibility of a witness or challenging the evidence presented. As a plaintiff, you may even be questioned by the defense. This is a crucial part of the trial, but it is important to remember that your attorney will be there to protect your interests and guide you through the process.
Closing Arguments and Deliberation
Once all the evidence has been presented and both sides have had their chance to argue their case, the trial moves into closing arguments. This is your attorney’s chance to summarize the evidence and explain why you should be awarded damages. After the closing arguments, the jury will begin deliberations. They will review the evidence, discuss the case, and decide if the defendant is liable for your injuries.
Deliberations can take time, ranging from a few hours to several days, depending on the complexity of the case. While waiting for the jury’s decision can feel stressful, it is important to remember that this is a normal part of the trial process. The jury will carefully consider all the information presented before making their verdict.
The Verdict and Judgment
Once the jury has reached a verdict, they will announce their decision in open court. If the jury finds in your favor, they will determine the amount of compensation you are entitled to for your injuries. This compensation may include medical expenses, lost wages, pain and suffering, and other damages related to your injury. If the jury finds in favor of the defendant, you may not receive any compensation. In some cases, the jury may award only a portion of the damages requested.
After the verdict, either party can appeal the decision if they believe that there were errors made during the trial. This means that the case may not be over even if a verdict has been reached, although most personal injury trials are resolved without an appeal. Your attorney will explain the options available to you after the verdict is rendered.
How Your Attorney Can Help You Through the Trial
Throughout the entire trial process, your attorney will be your advocate, ensuring that your rights are protected and that your case is presented in the best possible light. They will guide you through each phase of the trial, from gathering evidence to preparing for depositions, and help you understand what to expect at every step. Your attorney will also be there to provide support, answer your questions, and help reduce the stress of the trial.
A personal injury trial can be a long and challenging process, but with the right legal representation, you have a much higher chance of success. The key is to have a strong case, backed by evidence, and a skilled attorney who will fight for your rights. At Chavez Law Firm, we are committed to helping you achieve the best possible outcome for your personal injury case. If you or a loved one is facing a personal injury trial, don’t hesitate to reach out to us for support. We will work with you every step of the way to ensure your case is handled with the care and attention it deserves.