This is the next post in our discussion on the handling of pedestrian accident cases in Fort Worth, Texas. Our last article discussed what victims of pedestrian accidents should expect while treating for their injuries. It is important for victims to understand that a significant amount of time may pass between their beginning of treatment and the making of a settlement demand. This is due to the fact that the victim’s future damages must be reasonably ascertained before a settlement demand can be sent. By retaining a personal injury firm with significant financial resources, a victim helps to protect against the chance of counsel accepting a “quick settlement” before these future damages are ascertained. In this article we will discuss another important topic – the need for discovery in such matters. If you are in need of assistance then it is important to contact a lawyer immediately.
We have previously discussed the importance of discovery in trucking accident cases. The process may also be used to gather information in cases which involve injured pedestrians. Interrogatories may be used to require the other side to provide written answers to written questions. Requests for Production may be used to acquire records, documents, and other physical objects. Depositions can be used to conduct under oath interviews of witnesses and parties. Also, subpoenas may be used to acquire items in the possession of third parties who are not related to the case.
There are a number of ways in which discovery is important in matters which involve a pedestrian accident. Say, for example, that the driver of a car hits a pedestrian who is walking just off the sidewalk, and technically is in the road. At first glance, it may appear that the pedestrian was at fault for the incident. Now suppose that, through the use of discovery, the victim’s lawyer acquires the driver’s cell phone records. Those records show that the driver was operating their vehicle while talking on the phone. Under this scenario, there is a chance that, under Texas’ comparative fault laws, the driver of the car may be seen as more responsible for the accident than was the pedestrian. Under this scenario, the victim may be able to recover at least part of their damages. It is important to remember that how a jury will rule, in any given situation, is always going to depend on the specific facts of the case.
It is vital to understand that, contrary to what is often shown in the movies, trials are not won with secret evidence that is uncovered at the last minute. Instead, they are won by introducing evidence which is methodically gathered through the discovery process. By retaining a Fort Worth pedestrian accident lawyer with the resources and experience necessary to navigate the process, you help to ensure that your case is handled correctly. It is our recommendation that victims retain a firm which employs multiple attorneys, who are board certified in personal injury law, and which also employs an on-staff investigator.