A Premier Legal Resource Since 1985

The basics of personal injury litigation

On Behalf of | Aug 22, 2017 | Civil Litigation

When an accident in Texas leads to an injury, the circumstances are often preventable, even though the person who caused the incident did not intend to hurt anyone. That person may still be held responsible for the damages in many cases. 

According to TexasLawHelp.org, there are a number of situations that may indicate that a victim could file a personal injury lawsuit. When events occur because people failed to do what they should, or did what they should not, there is a good chance that they could be held liable. For example, if someone is speeding and hits another car, the victim may be able to seek reparations in court.

Sometimes, a judge may determine that just paying for medical costs, lost wages and pain and suffering is not enough. He or she may order the careless person to also pay punitive damages as a punishment and reminder to avoid such behavior in the future.

FindLaw points out that not all personal injury cases go to trial. In fact, it is common for the plaintiff and the other parties to negotiate a settlement outside of court. This could reduce the amount of time a victim must wait for compensation, but if the offer is not sufficient, a court battle may be a better option.

When there is clear evidence of negligence, a person may believe that a judge or jury trial would produce a more beneficial outcome. A trial may also be a good way to expose wrongdoing in cases where others may be affected by the carelessness of the party at fault. This could be appropriate in a situation where a manufacturer has produced a defective product that could hurt more consumers, for example.