After you file your pleadings, the documents which form the basis of a personal injury lawsuit, you officially become the plaintiff in the case. The person against whom you filed the lawsuit, the one who caused your injuries, becomes the defendant. In response to your summons and complaint, the defendant must file an answer.
Once the pleadings have been filed, both parties will begin discovery. Discovery is the process by which you, the plaintiff, as well as the defendant gather the facts necessary for litigating the claims made in your Texas personal injury lawsuit.
Discovery takes many forms. The two most common types of discovery are interrogatories (written questions) and depositions (sworn testimony given under oath).
It is quite common for a settlement to be reached during the discovery phase of a personal injury lawsuit. You have the option of settling the lawsuit with the defendant for an agreed upon sum of money rather than moving forward with a trial.
Of course, not all Texas personal injury lawsuits are settled out of court. If no settlement can be reached, then the case goes to trial, typically before a jury.
For free legal advice on Texas personal injury lawsuits, contact Fears | Nachawati today. To speak with an experienced Texas personal injury lawyer, you can email us or phone us toll free at 1.866.705.7584.