People often ask – what’s the process in an injury claim? The best way to understand the process is to understand the ultimate endgame—a trial by jury.
Our State’s and Country’s Founders thought that disputes should be decided in a courtroom by our peers—not by some bureaucrat and not in the streets. The Texas Constitution not only guarantees a right of trial by jury, Article I, Section 13 also guarantees open courts:
All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.
So, back to the process. When someone decides to hire a lawyer because they have been injured due to the fault of another, then that person is guaranteed the right to have a jury decide that dispute in open court. The first step is for the lawyer to file a pleading in court. And then the march to trial begins. Along the way, the parties conduct discovery – depositions, document requests, inspections, etc. – to understand the facts and develop evidence for trial. Depending on the complexity of the case (and the size of the court’s docket), it can take well over a year before your court date. But eventually, you will have your day in court.
Now, most cases settle. If both sides are acting rationally, then the risk of letting twelve strangers decide the case seems less appealing. But sometimes trying the case is what is necessary to resolve the dispute – just as our founders envisioned. That’s a good thing.
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