You’ve been through an accident, and now you’re thinking about a personal injury lawsuit. So what happens once you’ve filed one? Knowing how it all works can help you feel comfortable with the process. However, you don’t have to do any of it alone. The right attorney guides you through the process and uses their years of experience to fight for the compensation you are owed.
At Griffin Law Group, LLC, our dedicated Texas injury lawyers walk with you every step of the personal injury process. Our trusted guidance can help you pursue monetary damages after an accident.
Filing the Case in Court
The personal injury case starts with filing in court. Your attorney will determine which court is appropriate based upon the injuries you’ve suffered, the appropriate jurisdiction for your type of case, and more. The attorney files your complaint, which states the basic allegations of what happened and the remedies you are seeking.
After service, the defendant files an answer, where they admit or deny the allegations and raise any defenses. This step sets the stage for the rest of the litigation process.
The Discovery Phase: Exchanging Evidence and Information
Discovery is a very detailed part of the process. It can also be the longest part. Here, both sides do some investigation and share documents back and forth. The purposes is to understand what happened and determine the strength of each side of the case.
Discovery may include:
- Interrogatories
- Requests for documents
- Depositions
- Expert evaluations
Pretrial Motions and Hearings
Before the trial even happens, the attorneys will meet with the judge for pretrial sessions. These are often meetings designed to move the case along and get an idea of where everything is headed.
There can also be pretrial motions that are filed, such as:
- Motions to dismiss
- Motions to compel discovery
- Motions for summary judgment
- Motion to exclude evidence
Some motions may require a hearing, while others are decided based upon the documents themselves.
Settlement Negotiations and Mediation
Most cases actually resolve before ever going to trial. The lawsuit is often necessary to force the responsible party to pay an appropriate amount of damages, but it also presents the necessary evidence for a strong negotiating position. Settlement could happen at any time, but it is often more powerful after discovery is largely completed.
Many courts require mediation, where a neutral mediator helps the parties negotiate a resolution. Mediation can be especially effective because:
- It avoids the uncertainty of trial
- It reduces legal costs
- It gives both sides more control over the outcome
If a fair settlement is reached, the case ends here.
Preparing for Trial
Trial preparation includes:
- Finalizing witness lists
- Preparing exhibits
- Working with expert witnesses
- Developing opening statements
- Preparing closing arguments
- Creating a clear narrative that explains how the accident happened
- Explaining how it affected your life
The Trial Itself
A Texas personal injury trial may be decided by a judge or a jury. You present your case, the evidence, and make legal arguments. Then the judge or jury has to decide:
- Who was negligent
- Whether a party breached a duty of care
- Whether the breach was the cause of your injuries
- What amount of compensation you are owed
Trials can last anywhere from a single day to several weeks, depending on the complexity of the case.
How Long Does the Process Take?
The whole process can take anywhere from six to eighteen months in most cases, but they could take longer. Factors that influence the timeline include:
- Length of medical treatment
- Availability of witnesses
- Court scheduling
- Complexity of the evidence
- Willingness of the insurance company to negotiate
Understanding these variables helps set realistic expectations from the start.
Why Legal Representation Matters
The Texas civil justice system is detailed, deadline-driven, and often adversarial. An experienced personal injury attorney helps you:
- Gather and preserve evidence
- Navigate discovery
- Meet all procedural deadlines
- Counter insurance company tactics
- Present a compelling case at trial
- Maximize your compensation
Understand the Personal Injury Process From Start to Finish
With an attorney at your side, you can trust the process is all taken care of. Our team likes you to be informed about what is happening and what to expect. While you can trust your attorney to handle the details, you need an attorney willing to talk you through the process and who makes you feel comfortable with what to expect.
Consult a Texas accident lawyer at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.