This is the next article in our series on slip and fall and premises liability cases involving Fort Worth, Texas landlords. Our last article discussed how long it may take to settle an injury claim against a landlord. It is important to understand that one should not enter into a settlement until their long-term prognosis is reasonably known. Settling beforehand can result in one receiving less than the full amount to which they should be entitled. An experienced attorney will provide advice as to whether settlement is prudent in a given situation. In this article we will be discussing the process of litigating claims against a landlord. If you are in need of assistance then contact our office to speak with a personal injury lawyer.
The process of litigating a personal injury case against a landlord begins by filing a lawsuit with the court. It will be served on the defendant(s). They will then file a response. Depending on the facts of the case, the defendants may attempt to file a motion to dismiss the case. If such a motion is granted then the matter will end abruptly. If the motion is not granted then the matter will proceed. Additionally, there may be situations in which the defendants will attempt to dismiss a single portion of the case. An example of this can be a matter where the Complaint contains multiple causes of action against the landlord and the motion to dismiss simply seeks to eliminate one cause of action.
The parties will begin the discovery process shortly after the initial motion practice stage of the case. Discovery is the process by which information is gained from the other side in a lawsuit. There are several tools for obtaining such information. Interrogatories may be used to require parties to provide written answers to written questions. Requests for Production are a tool which allow the obtaining of physical items such as records, documents, and video footage. Requests for Admissions may be used to require the other side to admit or deny allegations. Additionally, depositions may be used to obtain sworn testimony from witnesses or parties. Properly conducting discovery is vital as it provides needed evidence for trial. Without discovery, it can be highly difficult for one to build a case.
After discovery the matter will proceed to trial. The trial process will begin with the selection of a jury. Each side will have the opportunity to “challenge” a certain number of potential jurors. The judge may also remove jurors if he or she believes that the person cannot be objective. Once the jury has been seated then each side will make an opening statement. The plaintiff will present their case and the defense will then present their evidence and witnesses. The plaintiff may follow with rebuttal. Rebuttal is not a time for the plaintiff to raise new arguments. They may only present evidence that is meant to “rebut” the defense during this time. Each side will make a closing argument. The jurors will deliberate and deliver a verdict as to both liability and damages. This will conclude the case.
It is important to understand that few cases actually go to trial. Most matters settle beforehand. Even if it becomes necessary to file a lawsuit, settlement negotiations will continue between the plaintiff’s attorney and the defense. If the parties are having difficulty coming to terms, then it may be possible to attend a mediation in order to find a resolution. While a plaintiff’s counsel will continuously work towards a settlement, it is also their role to gain the highest amount of possible compensation. This includes going to trial if necessary.
If you or a family member have been injured on a landlord’s property then contact our office today to speak with a Fort Worth personal injury lawyer. Our firm employs an on-staff investigator and we have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We focus solely on protecting the rights of the injured and we strive to provide the highest level of service. Contact us today for an initial consultation. In addition to Texas’s greater DFW area, including Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, and San Antonio, we also handle matters in the rest of the state.