A personal injury lawsuit provides a way for an individual harmed through the reckless acts of another to pursue money for his or her medical costs, lost wages, and all the suffering an accident has placed on his or her life.
“Most folks think filing a lawsuit is just marching into court and walking out with a pile of cash. It is way more complicated than that,” says Houston personal injury lawyer Brandon Kinard of KGS Law PLLC.
Let us discuss what a personal injury lawsuit is all about in Texas, what starts it all, and what happens when an individual decides to file.
When an Injury Becomes a Lawsuit
Thousands of people in Texas suffer injuries from accidents each year, but only a small percentage of them file lawsuits. The difference is the presence or absence of negligence.
If someone has been careless enough to cause serious injury, there is a potential lawsuit. Conversely, in the absence of reckless behavior, such as a case of mere bad luck, you may not have a personal injury case.
Common Accidents That Lead to Personal Injury Lawsuits
Personal injury lawsuits arise after all sorts of accidents. Car wrecks, truck wrecks, motorcycle wrecks, and so forth are the most common personal injury lawsuits. These situations often leave people badly hurt, and the blame is usually pretty clear, so they end up in court a lot.
Then there are slip-and-fall lawsuits. These occur especially when a person ignores a safety hazard, leading to a slip-and-fall and ultimately injuries. Accidents in the workplace or on construction sites are also pretty common, often resulting from carelessness about safety rules.
Others include medical malpractice, product liability, and dog bites, though these are less common. Then there are wrongful death lawsuits, although these are the toughest of all, and thankfully rare. People usually turn to them in instances in which someone has been careless to the extent of causing a person’s death.
Is It Always Ideal to Go to Court?
Most of the time, you do not. In Texas, personal injury cases almost always settle without anyone having to go to court. It is much cheaper and faster, and all parties can have a say in the final outcome.
Occasionally, though, a case can stall if all parties cannot reach a mutual agreement on fault or the case’s value. If this is the case, going to court may be the only option. If the facts are complex or the insurance company’s offer is too low, it is necessary to take the case to court to ensure a fair outcome.
How Much Can You Expect?
The amount of money you win in a Texas personal injury lawsuit is based on the individual circumstances of your case. The court will take a look at your medical bills, lost wages, your suffering, and how your life has changed as a result of your injury.
Some claims can be settled for just a few thousand dollars. If your injury is more serious, the amount can go up into the hundreds of thousands, and sometimes even millions.
What really makes a difference, however, is the evidence. Detailed medical records, honest witness statements, and a good lawyer can increase the value of your claim and help you stand out.
The Role of a Lawyer
A personal injury lawyer does the hard work for you, which includes determining who was at fault and dealing with the insurance companies. He ensures that your claim remains consistent with Texas law and that you do not settle for less than you deserve.
Do not hire a lawyer based on the ad alone. Make sure they have experience with your type of case. Ask them how they handle cases, how they measure up, and how they will communicate with you. The good lawyers will stick to the facts, gain your trust, and work hard for the compensation that you deserve.
