Understanding Texas’ Litigation Process for a Catastrophic Injury Case
If you have been in a Texas accident and experienced a catastrophic injury, we hope you have already retained experienced local counsel to guide you through the process and improve your chances of recovery. If you have already filed your Texas catastrophic injury case, you are facing the litigation process. It’s important to know what to expect when litigation begins.
Texas Catastrophic Injury Cases: Where Does it All Start?
A Texas catastrophic injury case begins when the plaintiff files the petition. In the petition, the plaintiff outlines how they were wronged by the party named the Defendant. Once the petition is filed, the Defendant is served with a copy and a summons. The Defendant has a certain amount of time to respond. In many cases, the Defendant will pass the petition to their insurance carrier who sends it to their in-house counsel or a firm they keep on retainer that files an answer on behalf of the Defendant.
After the Initial Pleadings are Filed, Discovery Begins:
Discovery begins after the initial pleadings are filed and is the process that allows both parties to gain information from the other. Information is gathered through interrogatories, requests for documentation or other tangibles, subpoenaing records, conducting depositions, etc. In a commercial vehicle accident, the discovery phase may include requests for the other driver’s driving record, past drug test results, a history of previous incidents, the company’s record of vehicle maintenance, company policy on safety training, a physical inspection of the vehicle, etc. Working with experienced counsel is essential to obtain all the necessary information during discovery to build a case for liability and establish damages.
When Does the Texas Litigation Process Start in Catastrophic Injury Cases?
Most catastrophic injury victims want to know upfront when their case will go to trial, but it is challenging to know early in the process. Trials do not occur until the discovery process is finished. The judge sets a trial date at some point during the lawsuit, but the court sets numerous cases for trial on the same date. When the time approaches, the judge may decide to try a different case first and provide you with a new trial date, even if you and your attorney were ready to move forward. The new trial date is generally one to two months later, and the possibility that it could be moved again remains. Working with an experienced attorney means you have someone in your corner who understands the process and how to navigate the litigation process to protect your interests.
If you’ve suffered a Texas catastrophic injury and need to file a personal injury claim, get in touch with an experienced Dallas, Texas personal injury attorney at Hudson Law Firm. We put Personal back into Personal Injury Law.