Personal Injury Law: The Basics

Personal Injury Lawyer

If you’ve recently been hurt due to another’s negligence, recklessness, or intentionally dangerous conduct, you may be – very understandably – wondering whether you’re in a position to file legal action against the person or party who caused your harm. Although every personal injury case is unique, if you were not at fault for your harm or you were less than 50% responsible for it, you may be in a strong position to file a personal injury lawsuit in Texas.

What Is a Personal Injury Lawsuit?

As a knowledgeable personal injury lawyer – including those who practice at Brandy Austin Law Firm, PLLC – can explain in greater detail, a personal injury lawsuit is a case filed in civil court by an injury victim against those who are alleged to have caused the victim’s harm. At the conclusion of a successful personal injury lawsuit, an injury victim is awarded damages. Damage awards generally consist of economic damages (objective losses that are quantifiable, such as medical bills) and noneconomic damages (subjective losses that are hard to quantify, such as pain and suffering).

There are different kinds of personal injury lawsuits. Their common “thread” is that they are civil cases filed by an injury victim against at least one defendant accused of causing their harm. Common personal injury lawsuit scenarios involve:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents
• Medical Malpractice
• Dangerous Drugs and Defective Products
• Premises Liability (Negligent Security, Slip, and Fall, etc.)
• Dog Bites
• Nursing Home Abuse and Neglect
• Assault and Battery, Homicide, and Other Intentional Harm

This list is, by no means, exhaustive. These are simply common personal injury scenarios. If your harm was caused by another’s actions or inactions, you may have grounds upon which to file legal action even if your situation isn’t one of the common scenarios listed above.

Negotiations and Trial

Courtroom dramas rarely mirror life. On most legal television shows, cases end in heated courtroom showdowns. In reality, more than nine out of every 10 civil cases filed are concluded via negotiations. This means that it is statistically unlikely that you’ll need to convince a jury of the defendant’s guilt. Instead, it is far more likely that the attorney you’ll hire to represent your interests will successfully negotiate a fairly-valued settlement on your behalf.

Certainly, it is important to work with an attorney who is comfortable with taking your case to trial, in case it isn’t possible to secure the compensation you deserve in a settlement context. However, it is also important to work with an attorney who has top-notch negotiating skills so that you can avoid trial, if possible.

Your attorney’s negotiating skills will also be useful if/when they’re called upon to speak with insurance representatives on your behalf. Insurance companies like to protect their bottom line. As a result, they won’t pay you a fairly-valued settlement unless they have to. By working with a savvy attorney, you’ll be better positioned to secure what you’re owed.