A personal injury lawyer will attempt to negotiate an out-of-court settlement that is fair for the injured party. But if the defendant(s) do not agree to a mutual settlement then a jury trial is necessary.
The goal is to obtain fair compensation for our clients in every personal injury settlement,” according to LeMaster & Ahmed PLLC in the Plano and Dallas area. Accidents happen in life but when the accident is caused by the carelessness, recklessness, or negligence of another person or company then it is an event that should have never happened. Since it did happen the injured party deserves to be fairly compensated for their suffering, medical expenses, and lost income. Obtaining fair compensation is not just about money, it is about helping people and families repair their broken lives and moving forward.
Ms. Ahmed attempts to reach an out-of-court financial settlement in most personal injury cases. This is the quickest solution and avoids the time and expense of going to a jury trial. If the defendant’s attorney recognizes the guilt and evidence of the person or company being defended, then that attorney may very likely advise the defendant to settle out-of-court to save the time and expense of a trial. An out-of-court personal injury settlement is a victory for the injured party.
What Is A Personal Injury Trial ?
A personal injury trial is an effort to resolve a dispute about the responsibility for a personal injury and/or the compensation that should be paid to the injured or deceased party. The plaintiff is the person who has been injured (or the estate of a deceased person) that is demanding compensation from the defendant (the person and/or company accused of recklessness or negligence). There are several distinct elements or phases of a trial as follows:
Key Phases Of A Jury Trial
- Jury selection
- Opening statements by attorneys for the plaintiff and the defendant
- Witness testimony
- Cross-examination of witnesses
- Closing arguments by attorneys for the plaintiff and the defendant
- Instructions given to the jury by the trial judge
- Deliberation by the jury
- Final decision
Going to court is difficult and requires more time, effort, and expense. In addition, the personal injury lawyers cannot guarantee victory to either the plaintiff (the injured party) or the defendant (the person and/or company being sued). Even if the plaintiff has a “solid” personal injury claim going into the trial there can be challenges and unforeseen surprises during cross-examinations or other aspects of the trial. And a trial may not be the final step because the losing side can appeal the trial decision to a higher court.
Prior to filing a personal injury lawsuit an attorney will gather as much supporting evidence as possible. This includes all medical records and physician statements regarding the injury. Other important evidence includes accident photographs, surveillance footage, video or written statements of all witnesses, expert opinions/testimony, and police records.
Should a trial decision in a personal injury lawsuit be appealed to a higher court it could mean a lengthy delay in payment of any compensation to the plaintiff. An appeal process can run months or years and the plaintiff is at risk of either losing the lawsuit or having the awarded compensation reduced or even denied.
What Is The Texas Statute of Limitations for Personal Injury Lawsuits ?
The statute of limitations for a personal injury claim in Texas is two years. The clock begins on the date of the event that caused the injury. There are a couple of exceptions to this two year time limit but they very rarely apply. The cold, hard fact is that if the lawsuit is not filed within two years of the event date then it is almost certainly going to be dismissed. Therefore any injured person should talk to an experienced personal injury lawyer as soon as possible or their rights may be lost forever.
Nejat Ahmed is a founding member of LeMaster & Ahmed PLLC based in the Dallas metro area and Houston metro area. Her practice is focused on personal injury cases, litigation of complex insurance coverage issues, and first-party bad faith disputes involving commercial and residential property claims.