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An Overview of the Settlement of Personal Injury Cases in Houston After you and your personal injury lawyer have tried unsuccessfully to reach an agreement with the other party to get a reasonable settlement offer, the next step may be to go to trial. Most lawyers prefer settling personal injury cases out of court due to the time and costs involved in a trial. However, if your injury case is one of the few that make it to a court room, then it is important to understand what goes on at this phase of your case to arrive at a verdict. Getting Started with the Case As soon as your attorney files a personal injury case, the lawyer of the other party will start gathering evidence to defend his client. The investigation is usually known as discovery and may include calling witnesses to find out more about your case. In some cases, the attorney of the other party may file to have the case dismissed after gathering enough evidence to dispute your claim. For example, the defense attorney can ask the court to dismiss your case if there is insufficient evidence. Your Houston personal injury lawyer can file a counter motion to uphold your claim. In case the courts rule in favor of the defense side, your case will end there. Should the judge side with you, the attorney of the personal responsible or your case will have to reach a settlement with your attorney.
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Discussing Your Settlement Your attorney will skillfully negotiate with the other attorney to ensure you are given a fair settlement. Settlement discussions between lawyers can be held over the phone or during face-to-face meetings. The discussions for your settlement are all about negotiations, with both lawyers trying to get the best outcome for their clients. The settlement discussions can take a few days to be concluded.
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Mediating Your Case If a settlement cannot be reached between the two attorneys, your case may have to be mediated. If your case involved serious personal injuries, it may have to be mediated upon. Mediation involves the presence of a private mediator who is not a party to the case and thus can remain objective. The main role of a mediator is to listen to both sides of the case and then talk to each side to encourage both to bring their offers closer together. How the Case is Settled Settlement discussions can take a while sometimes. However, you should be patient as the case will eventually be settled. You can be sure that your personal injury attorney will do his best to get you a fair settlement. After a settlement has been agreed upon, the defense side will pay the money within a few days. From here, you will have to settle any fees with your Houston personal injury lawyer for his services.