A truck accident victim usually has never been in a similar situation and does not understand what a UPS truck accident lawsuit involves. Our Houston UPS Truck Accident Attorneys take pride in explaining the process to our clients so that we can have their commitment and involvement throughout the entire process.
Our Houston UPS truck accident attorneys have written this article to give you an overview of a truck accident lawsuit.
If you have any questions or require a free consultation, do not hesitate to contact a Houston UPS truck accident attorney. Our Houston UPS truck accident attorneys are available 24 hours a day, 7 days a week.
Steps Towards Filing a Lawsuit
From the time period between hiring your Houston UPS truck accident attorney and the statute of the limitations expiration date, your Houston UPS truck accident attorney will take the following steps.
Your Houston UPS truck accident attorney will interview you.
A copy of the police report will be obtained by your Houston UPS truck accident attorney who will also review the report.
A statement of any witnesses will be obtained by your Houston UPS truck accident attorney.
Receiving proper medical care is extremely important for our Houston UPS truck accident attorneys and they will closely work with you to make sure that you have access to all the medical doctors that you may need in order to make a speedy recovery.
Your UPS truck accident attorney will review the facts of the case and determine which parties were responsible for the injuries so that they can be included in the lawsuit.
At this point, your Houston UPS truck accident attorney may begin reviewing your case with forensic experts in the truck accident industry who can help your Houston UPS truck accident lawyer get the maximum recovery for your truck accident lawsuit.
Your Houston UPS truck accident attorney will file the lawsuit when you have completed your medical treatments and a report is obtained by your Houston UPS truck accident attorney from every doctor you have seen for your truck accident case.
Your Houston UPS truck accident attorney will only be able to figure out what your case is worth when you have completed your medical treatments and the full extent of your injuries are ascertainable.
The commencement of legal proceedings begins when your Houston UPS truck accident attorney files a complaint with the court.
In the complaint, your Houston UPS truck accident attorney will state the known or suspected factual allegations which are being made by you.
Based on the factual allegations, your Houston UPS truck accident attorney will state the different causes of action for which you are bringing the lawsuit.
Once the complaint is filed with the court, your Houston UPS truck accident attorney must then serve the complaint with a summons to the defendant.
Once the complaint is served by your Houston UPS truck accident attorney, the defendant will have a set number of days when the answer is due in which the truck driver’s lawyer will admit or deny each factual allegation presented by your Houston UPS truck accident attorney.
It is also possible for the defendant to assert affirmative defenses in the answer as well as introduce counterclaims against you or claims against third parties.
Another alternative for the defendant would be to file a motion with the court instead of the answer. In the motion, the defendant will usually ask the court to dismiss the truck accident complaint about mostly technical reasons or that a claim is legally baseless.
Your Houston UPS truck accident attorney will have an opportunity to defend these allegations and once overcome, proceed with the lawsuit.
Proceeding With The Lawsuit
Once this initial stage is completed, your Houston UPS truck accident attorney will commence with what is referred to as the “Discovery” stage. During this time period, both sides will be able to collect evidence from the other party relating to the truck accident through form interrogatories, special interrogatories, and depositions.
Your Houston UPS truck accident lawyer will be reviewing these findings to find evidence that would help you in your truck accident lawsuit.
During this stage, your Houston UPS truck accident attorney may also include requests for “admissions” by which a party is asked to admit to certain facts and as such eliminate the need for evidence for proving these facts.
As soon as the “discovery” stage is completed, one or more of the parties will typically file a motion for a summary judgment in which the parties argue that the undisputed evidence will not allow the other party to succeed in trial and even if the disputed facts were to be admitted, the opposing party would still not be able to prevail and that the court should dismiss the lawsuit and avoid unnecessary trial expenses and time.
If the court grants the motion, the lawsuit ends and the party which filed the motion would win.
At various points throughout the lawsuit, it is possible that pre-trial settlements are held where both parties will come together to see if they can reach an agreement about the merits of the case and reach a settlement.
Usually, courts highly encourage settlements and encourage both parties to avoid going to trial. Your Houston UPS truck accident attorney will make every attempt to settle the case without going to trial as long as the settlement is favorable to you and is accepted by you.
If a settlement is not reached, your Houston UPS truck accident attorney will proceed to trial in which depending on the case a jury or judge will hear the evidence presented and determine which side to believe.
Once the truck accident jury has reached a verdict and it is approved by the judge, the losing party may try to appeal it but such cases are rarely overturned on appeal.
Call Our Attorneys Today!
If you or a loved one has been involved with a UPS truck accident, you deserve the personal attention and aggressive representation that our Houston UPS truck accident attorneys provide.
In a time of such need, you need a trusted Houston UPS truck accident attorney to guide you through these trying times.
Call us now for a free consultation and you will speak directly with a Houston UPS truck accident attorney from our firm.
Our Houston UPS truck accident attorneys are available 24 hours a day, 7 days a week. Call us now at (281) 990-5200.
NO FEES UNLESS WE OBTAIN A RECOVERY!