As experienced attorneys, we fight for you to win! But if we are unsuccessful in prosecuting your case, you will not be responsible for any of the costs incurred. You only pay for any advances if we win your case.
First, a good lawyer will give you peace of mind so you can focus on healing.
Second, we know how to gather evidence to give you the best result in your case; and we are experienced in working with insurance companies.
Third, an unrepresented victim or inexperienced lawyer may not know how to maximize the amount received from an insurance company. Often, insurance companies assign trained adjusters to deal with unrepresented accident victims to get the best results for the insurance company. This means the victim could get the short end of the stick.
You can typically expect the following:
We will prepare a request for written discovery, called “interrogatories” that must be answered by the defendant under oath; and a “request for production of documents,” which allows us to get important documents and images from the defendant, his/her attorney and any insurance company involved.
- A copy of your lawsuit will then be hand-delivered to each defendant in your case along with the interrogatories and a request for production of documents.
- Normally, the defendant’s insurance company will hire an attorney for the defendant. The attorney will then file an “answer” to our lawsuit and send us questions that you as the client must answer under oath along with any request for documents.
We will work with you to answer the questions and also prepare answers to each defendant’s request for documents.
- Once written discovery is completed, the clients from both sides will complete “depositions” under oath. Depositions are interviews conducted at an attorney’s office with a court reporter present. (Prior to the depositions, we will meet with you to answer any questions you may have.) The court reporter will then send the attorneys a transcript of the interview soon after the deposition is completed.
Typically, we will then ask questions of the defendant and the defense attorney will ask questions of you the client. The attorneys from both sides will also ask questions of any expert witnesses.
- Once the above phase is completed, the parties may explore a settlement or they may agree to use various methods of Alternative Dispute Resolution, such as mediation.
- If it becomes clear that your case will not settle, we will prepare more specifically for a trial. Here are the typical items we would prepare for a jury trial:
- Pre-trial statements requested by the court;
- Written questions we would like jurors to be asked during jury selection;
- The “exhibits” that we plan to show the jury;
- Jury instructions, which are instructions we would like the judge to read to the jurors at the end of the case;
- Legal arguments supporting our case that we believe are necessary to advise the judge about our positions in the case;
- Motions that we believe are necessary to keep the jury from considering improper evidence;
- One or more “verdict sheets,” which are the documents on which the jury provides its verdict and;
- Opening statement, direct examinations or cross-examinations of witnesses, and a closing argument.
- In some cases, it may be necessary to file or respond to “post-trial motions” or an “appeal.” An appeal is when the unsuccessful party asks a court empowered to review the final decision on the grounds the outcome of the case was based upon an erroneous application of law.
Litigation means determining a lawsuit through the judicial process.
Litigation doesn’t always mean there’s high conflict. Many clients are able to decide their cases without going through a trial and with the assistance from experienced attorneys who can help settle a case.
A lawsuit is initiated by the filing of a petition or complaint by the plaintiff with a court. A summons and copy of the lawsuit are “served” or given to the defendant/s who then have a certain period of time to file an answer to the lawsuit.
The precise date for the defendant to answer varies depending upon the court involved. If a defendant fails to answer, the plaintiff can request that the court render a default judgment.
If the defendant answers, the next stage is discovery and motion practice (asking the judge to order something in the case). If there is no settlement in the case it will then go to trial.
If the jury decision is in favor of the plaintiff, the next stage in the litigation is enforcement. Even if a defendant appeals the judgment or decision, a plaintiff can request to enforce its financial judgment unless the defendant obtains a stay pending appeal, which can temporarily suspend court proceedings or the effect of a judgment.
If the defendant does not answer the lawsuit, the plaintiff can seek to obtain a default judgment. If the defendant answers the lawsuit, the length from start to finish of a civil or commercial litigation case depends on a number of factors, including the difficulty of the case, if there are multiple parties involved in the case, dollar amount at stake, the court in which the lawsuit is filed and caseload of that court, and whether the case is resolved through settlement, a judge’s order or trial.
While litigation comprising small-dollar claims may get resolved in several months, litigation involving complex and high-dollar claims may take years to resolve.
Discovery is the procedure by which the clients involved seek to acquire evidence from the opposite side or third parties related to the claims. In Texas, comprehensive pre-trial discovery is allowed. This comprises written discovery and depositions, which are questions clients must answer under oath in the presence of a court reporter. Different discovery procedures apply in federal and state courts, though there can be similarities.
Written discovery includes:
- Written questions that a client is required to answer;
- Written requests to admit or deny facts related to the claims and defenses raised in the case;
- Written requests to provide documents relevant to the claims and defenses raised in the lawsuit.
- Documents can also be attained from third parties who are not involved in the case through a subpoena.
Mediation is an effort by clients to resolve their dispute by an agreement reached with the aid of a mediator. The mediator does not make decisions or rulings in a case. The mediator tries to reach a settlement suitable for all involved. Mediation is an informal procedure compared with litigation or arbitration.
Not everyone can settle his or her differences without the involvement of the court or a judge’s decision. Litigation can also be used with some other method, such as informal settlement discussions or mediation. There is no “one size fits all” when it comes to determining which tool is best for you. It is critical when you talk with an attorney, to consider all the facts of your case, any worries you may have and your goals for the case. Our purpose is to help you make an informed decision on what’s best for you.
As experienced attorneys, we fight for you to win! But if we are unsuccessful in prosecuting your case, you will not be responsible for any of the costs incurred or for the time that is spent working on your case. You only become responsible for the costs that we advanced if we win your case.