Houston, TX – There are various kinds of accidents that can result in catastrophic and life changing injuries. In some cases, the injuries will even prove to be fatal and the victim will pass away. Individuals and their families who are affected have the option of talking to an attorney and bringing a case to be paid for related financial losses.
Serious injuries and negligence lawsuits
The structure of most accident and injury cases tends to be very similar. The victim’s lawyer will have to argue that the defendant individual or business was negligent. Negligence is used in a legal sense to mean that the person responsible for the injuries was not careful enough or acted recklessly, which resulted in injuries.
There is a specific legal definition of negligence that includes four elements which must be shown through evidence and argument.
Accidents where the victim does not survive
After fatal accidents, there are similar types of lawsuits available even if the victim does not personally file the case. The civil law allows certain family members to stand in their place and bring the case. This is usually a spouse or a child. They will essentially bring a civil case that is similar to a negligence lawsuit, but damages for funeral and burial expenses can be added.
Family members should try to schedule a meeting with a lawyer shortly after the incident. Cases related to fatal accidents have a shorter statute of limitations than standard personal injury cases.
The process of bringing the case
The accident victim or their family should schedule an initial consultation with a local lawyer to discuss the case first. This meeting is important because the client and attorney can exchange some basic information related to the incident in confidence and the client’s questions will be answered. It is usually possible to determine a basic timeline, possible value of the case, and odds of success.
If there is an agreement on representation, the lawyer will draft an initial complaint that is filed in the local civil court. This pleading contains some basic facts about the incident and the summary of losses sustained by the victim. The defense lawyer will have a chance to respond and admit or deny the allegations in the initial complaint. They will also have the opportunity to exchange information through the discovery process. As the conclusion of the case nears, the parties can choose to settle the case through an agreement or go to trial based on the evidence and testimony available.
Getting assistance from a local attorney after an incident
There are lawyers in the Houston area who focus their practice on assisting accident victims after various types of injuries. Blizzard Law is an experienced firm that is available to speak with local clients.
Firm contact info:
5020 Montrose Blvd., Houston, TX 77006