At the Law Office of Scott P. Callahan, P.C., we work hard to get car accident victims like you the money they need to cover their medical bills and lost wages. But if the insurance company is unwilling to provide a fair settlement offer for your auto accident claim, we may decide to file a lawsuit to protect your rights to compensation.
If you’ve been injured in a car accident, you may be worried about going to court if you file a claim. With the Law Office of Scott P. Callahan on your side, you’ll have the help you need to get results. We’ll guide you through every stage of the legal process and ensure you take the steps necessary to maximize the value of your claim.
Steps to File a Lawsuit
Lawsuits aren’t always necessary, but if the insurance company won’t treat you fairly, we won’t hesitate to take them to court. Every case is different, but if we decide to sue on your behalf, we’ll walk you through the following steps in the lawsuit process:
- A petition is filed.
A petition—or statement of claim against the other party—is a legal document filed in the civil court system that notifies the parties involved in your claim that a lawsuit was filed.
- A response is received from the defendant.
The other parties named in your lawsuit will have a chance to respond to the filed complaint. In most cases, their insurance companies will assign lawyers to help defend them against your claim.
- Discovery takes place.
After responses to the complaint have been issued, the discovery phase of the case allows parties on both sides of the lawsuit to exchange information, such as:
Interrogatories are written questions that allow attorneys to gather specific information about the case from parties named in lawsuits.
Depositions allow your attorney to verbally question drivers, passengers, and witnesses present at the accident scene. Your attorney will accompany you if a defense attorney requests a deposition where you must be present.
- Requests for production of documents
Attorneys can file requests to access paperwork—such as insurance policy information or photographs from the scene—to learn more about the details of a case.
- You may have a Defense Medical Examination.
The insurance company can ask the court to order you to be examined by a doctor of its choice to verify your injuries were caused by the accident.
- Your case goes to mediation or arbitration.
Mediation is a meeting of attorneys from both sides of your lawsuit, including the plaintiff and defendant. The facts of the case are presented to a neutral person who serves as a mediator. Arbitration is similar to mediation, but it can be set up as a binding—or legally enforceable—agreement. In some cases, an arbitration or mediation may result in a settlement before trial.
- You have a trial.
If your case hasn’t settled before your court date, your case will be heard in front of a judge or jury. After hearing testimonies from both sides in the case, the judge or jury will consider the evidence presented to them.
- A judgment is issued.
A judge or jury will make a decision in your lawsuit.
At the Law Office of Scott P. Callahan, we work hard to try to get our clients the money they need as quickly as possible. But we don’t play games with insurance companies, and we aren’t afraid to take them to court when their settlement offers aren’t fair. Get the aggressive Houston auto accident lawyer you deserve today—just dial (713) 888-9000 or complete our free online form.