An Overview - Trying Car Accident Cases in Texas:
If you choose to have Grossman Law Offices represent you in your car accident case, we will take every effort to settle your claim outside of court. Why would we do this? Well, we understand that this is the fastest and cheapest way for you to receive compensation for your injuries. Unfortunately though, the defendant's counsel is not always willing to cooperate.
When car accident claims cannot be settled out of court they are tried before a jury panel. This article will explain why cases do not always settle outside of court, our goal in sending a case to trial, what you can expect from a trial, and why you need Grossman Law Offices to represent you in your car accident case.
Why would a case not settle?
We will begin by discussing why some cases do not settle. Before commencing your car accident injury lawsuit, it is important to understand that most cases will settle out of court because it is beneficial to all parties in most instances. By settling out of court, you forgo expensive court costs, the dispute does not last as long as it would if it went to trial, and many defendants wish to reach a settlement in which the plaintiff agrees to a nondisclosure about the details of the settlement. But some cases do not reach a settlement agreement prior to trial. The top three reasons why cases do not settle are:
- The plaintiff doesn't know what can hurt their case. Sometimes a plaintiff not represented by counsel will unknowingly reveal harmful information to the defendant. That usually leads that defendant to believe the plaintiff is unfamiliar with the case and doesn't know what they're doing. Other times, the plaintiff will be represented by an attorney, but their lawyer is simply not qualified to handle the case, and they unintentionally illustrate this lack of knowledge to the defendant. When this happens the defendant gains the upper hand in the dispute--and often is willing to try the case before a jury because they know that the plaintiff is not adequately represented. As a result, the plaintiff will likely lose their claim in court. Period.By choosing Grossman Law Offices to represent you in your car accident claim, you can rest easy knowing that we've won thousands of car accident claims. Moreover, we've won in many of our cases that actually go to trial, and consequently, the defendant's attorney will be more inclined to reach a fair settlement before trial.
- There is a dispute in liability. Often parties fail to reach a settlement because the defendant is adamant that they are not responsible for your injuries and, therefore, not liable for the resulting harm. We cannot reach a settlement outside of court if the defendant refuses to take responsibility for their actions. They often will claim that another party is actually liable, or they will probably claim that the plaintiff is solely responsible for their injuries. When this happens we cannot provide you with adequate compensation outside of an official jury trial.Grossman Law Offices will only choose to settle your claim if we believe that you are receiving a fair amount for your injuries. If the defendant refuses to acknowledge their liability, they will only be hurting themselves. Once we prove in court that the defendant is in fact liable, we can then seek even further damages for them to pay, including court costs and a great amount in attorney's fees since they have wrongfully delayed your recovery.
- There is a dispute in the amount of damages you deserve. This is probably the most common excuse for not reaching a pre-trial settlement. Defendants simply do not want to pay for your injuries. As a result, they will fight every single dollar in damages that we are seeking because they are cheap and do not care about your suffering. Luckily for you, Grossman Law Offices cares deeply about your ability to recover and we will fight every bit of the way to prove your damages and justify every dollar we ask for in compensation. Even if the defendant refuses to acknowledge your suffering outside of court, once we go to trial and effectively establish, through factual evidence and testimony of expert witnesses, your damages in detail the court will be able to hold them accountable for the consequences of their negligent actions.
The Goal of a Trial
Obviously, the goal of going to trial is to win your claim and have you be fairly paid for your suffering. But it is crucial to realize that this is done by achieving many small goals:
- First, nothing is assumed in court. We must prove absolutely every detail of your claim in order to be awarded full damages for all of your injuries.
- We must adequately convince the jury that the defendant caused your accident and is responsible for your injuries.
- And we must establish all of your damages, including: expenses for medical treatment, hospital bills and cost of therapy, pain and suffering, and money lost from not being able to work.
Consequently, while our end goal is to win your case, our immediate goals are to prove through evidence each aspect of your injury and damages.
How a Car Accident Trial Works
After your lawyer performs discovery, raises any motions necessary, and mediation doesn't come to any settlements, the trial will begin. In these situations where there is no settlement, the trial becomes the ultimate decision in your claim.
A trial begins with selecting citizens to serve on a jury panel. This pre-trial selection is one of the most crucial aspects of a case and greatly affects the outcome of your claim. If you have an attorney who is awful at selecting a competent and fair jury, then you could lose your claim and receive absolutely nothing. All of our attorneys at Grossman Law Offices have a thorough knowledge of voir dire selection and have utilized our unique skills in many previous cases.
After these pre-trial activities finish, there is the trial itself. It is this portion of the dispute that you'll need an attorney who is quick on his feet and fast to respond to changes in the case. Many decisions in a trial must be made with only a moment's notice. If your attorney cannot respond in a fast-paced manner, then your entire case could be lost simply by their inability to keep up with the defendant's counsel.
Furthermore, if the defendant refused to settle the claim before trial, they are not likely to be cooperative during the trial. If the defendant is called to testify as a witness, he or she may be manipulative and hostile on the stand. If you do not have a wise attorney who is forceful in their demeanor against these non-cooperative witnesses you may not be able to get the testimony you need to win your claim.
You Need a Lawyer
We speak with thousands of victims every year who attempt to argue their own case in trial without the assistance of an attorney. Unfortunately, all of these people fail in holding the defendant accountable for their actions, and they ultimately are unable to recover anything for their damages. Their failure is not due to having a weak case. Their loss is solely the result of the plaintiff not understanding trial procedure.
Think of it this way:
- Everyone is familiar with the United States flag folding ceremony at the funeral for a deceased soldier. We all know what the ceremony generally consists of, but we would not know how to actually do it ourselves. If you or I tried to perform the flag folding ceremony at a veteran's funeral we would probably break numerous rules, we would fold the flag completely wrong, and we would ultimately do a huge injustice to the fallen veteran and their honorable memory.
Court trials are actually very similar.
In order to reach a successful outcome, you need to have a strong case. Your car accident lawyer needs to be analytical and intelligent, they need to be well spoken, and they need to be able to successfully influence a jury. If this were not a big enough challenge, your attorney needs to be able to do all of this while following literally hundreds of rules of trial procedure. If you choose the wrong law firm to represent your claim, or if you choose to represent yourself without the assistance of an experienced trial attorney, you could lose your entire case, receive absolutely nothing for your injuries, and be barred from ever holding the defendant accountable for their actions. We do not want this to happen to you, call Grossman Law Offices at (855) 326-0000 now.
Related Articles For Further Reading:
- What Is the Statute of Limitations to Bring a Car Accident Claim in Texas?
- Why You Need an Attorney Before Giving an Insurance Company a Recorded Statement
- When Do Pedestrians Have the Right of Way?