Have you been injured in a car accident in Central Texas? If so, one of the first things you did in the aftermath of the wreck was likely to file an insurance claim seeking compensation for your injuries and related losses. However, many car accident victims struggle to obtain full and fair compensation this way.
When the insurance company refuses to agree to a reasonable settlement, crash victims sometimes have no choice but to demand what they are owed through a lawsuit. But what precisely does a lawsuit involve, and does it mean you will actually go to court? The car accident lawyers at Burch Law Firm explain the three key stages in the average Central Texas car accident lawsuit. Contact us today if you have any questions about your case.
Stage One: Negotiating with the Insurance Company
Most personal injury cases, including car accident cases, are settled out of court after negotiations with the insurance company. A settlement is an agreement in which the injured party permanently waives their right to sue in exchange for a guaranteed payout from the at-fault party’s insurer. Trials are time-intensive and unpredictable, so it’s in each party’s interest to settle.
Before this phase, your attorney will calculate a reasonable estimate for the value of your case. Once you have a dollar figure in mind, you have a starting place for negotiations. Your attorney can inform the insurance company of your desired amount when they file a demand letter, and the insurer will then have the opportunity to counter.
Stage Two: Participating in the Discovery Process
If negotiations do not yield a resolution, a car accident lawyer in Central Texas can file a complaint on your behalf. The next stage is participating in a formal process called discovery. During discovery, each party has the chance to review the evidence and information that the other side has assembled to support its case. This process aims to give each party the opportunity to prepare for whatever the other side will introduce in court so there’s an even playing field.
Negotiations can continue throughout the entire process. Moving on to the discovery and subsequent stages do not mean your claim has to end in a court judgment.
Stage Three: Proceeding to Trial
Once discovery is complete, your case will proceed to trial. At trial, a judge or jury will listen to each side’s case and then issue a verdict based on the evidence. Both parties must abide by the court’s decision, although either party can appeal to a higher court if they believe a legal error led to an incorrect verdict.
In most cases, negotiations continue during the discovery process and sometimes even through the actual trial. The parties involved can agree to settle at any point before the court reaches its verdict.
To Learn More, Contact the Burch Law Firm
Have you been injured in a car accident in Central Texas? Was the other driver to blame? Contact the Burch Law Firm today to speak to a personal injury lawyer in New Braunfels about your case. Consultations are free, so there’s no risk in learning more about your options.
