A Houston Car Accident Lawyer can help an injured person to take another person to civil court in order to seek compensation for financial losses resulting from an accident. The law says that the personal injury system “makes whole” a person after they have suffered harm in an accident caused by someone else’s careless conduct. While the money may not take away the fact that the accident happened, it does rectify the financial aspect of the accident.
The Basics of Personal Injury
Personal injury laws tend to be old and are classified as “common law rules” because they were laws made by judges rather than legislatures. When a judge hears a personal injury case, his or her decision on the law can become a binding precedent on all other lower courts. The lower courts then have to apply that precedent and that creates a “common law.” Nonetheless this common law has been used to create state laws that address personal injury issues.
A personal injury lawyer then uses the law to help a client recover the compensation that they need. The law allows the plaintiff to make their claim and the defendant to defend against the claim.
- The defendant causes an accident where the plaintiff is hurt and they incur all of the medical expenses, lost wages, and other monetary losses that come with a debilitating injury.
- The plaintiff calls their attorney who determines that a breach of legal duty occurred, such as the duty to operate a motor vehicle with the necessary level of care.
- Settlement talks between the plaintiff’s attorney and the defendant’s attorney or insurance company begin. Settling outside of court can lead to the receipt of compensation faster.
- If a meaningful settlement can’t be reached, the plaintiff can make the decision to move forward to trial. A car accident lawyer in Texas will give the plaintiff the proper information and advice when making this important decision.
If a settlement is reached, then the case ends and no further action can be taken on the case. Even if a lawsuit is filed, settlement negotiations can continue as long as the case hasn’t yet been sent to the jury for them to make a decision. If a settlement is reached after the filing of the lawsuit, then the trial won’t move forward.
The Role of Your Attorney
Your injury attorney evaluates your case and determines whether or not you have a chance to at least obtain a settlement from the other party. You will be given honest and straightforward advice. For instance, you may have been in a motorcycle accident where you were partially at fault. Your motorcycle accident lawyer in Houston will advise you on the probability that you will obtain the compensation that you need. Even if you don’t receive the full amount, recovering a settlement can reduce the financial impact of the accident.
If you have a very strong case where there is no doubt that the other party was negligent and a meaningful settlement can’t be reached, then your attorney will advise you on the pros and cons of taking your case to trial so that you can make an educated decision. From there, you can decide whether to take the last settlement offered or move forward with the trial.