Dispute Resolution and Litigation

Accidents happen, deals are not honored, and some people are just out to cause harm — these are the reasons behind most disputes that become civil claims.  Bower PLLC works with clients who have been harmed by the negligence, indifference, recklessness, or intentional acts of others.  In the civil court system, the way that harmed party (“the Plaintiff”) is usually compensated for its losses is by establishing and awarding the dollar value of the damages and by making the party which caused the harm (“the Defendant”) pay that amount.

Establishing Liability

A Plaintiff needs to prove that the Defendant (or Defendants) are responsible for its losses.  It is truly rare that a Defendant is eager to pay for harm that it believes was caused by someone or something else.  It is almost always the Plaintiff’s responsibility to prove that the Defendant’s actions were the cause of the harm.

Proving Damages

A Plaintiff is also responsible for proving the amount to which it has been harmed.  A Defendant who admits that a fender-bender was his fault is not going to hand over whatever amount of money that the Plaintiff demands.  The Plaintiff needs to gather evidence which backs up the dollar amount sought.

Settlement

When a Plaintiff can demonstrate the Defendant’s liability and a fair value for the damage caused, sometimes a case can be resolved right then.  If the Defendant has the money and willingness to pay the Plaintiff, then the parties can make an agreement to settle the case without the need for further battle in court.  A significant majority of cases settle out of court.

Litigation

The cost of litigating a case to a verdict can be great in terms of both time and money.  These costs are often borne by both the Plaintiff and the Defendant.  If the Plaintiff and Defendant cannot agree on a settlement then their fates are put in the hands of an impartial judge or jury.  The Plaintiff’s ability to convince the “finder of fact” (judge or jury) of the Defendant’s liability and damages caused will dictate the result.

 

Related Topics:

Tex. R. Civ. P. 47 – A BAR TO DISCOVERY

Tex. R. Civ. P. 91a – ELIMINATING BASELESS CAUSES OF ACTION

Breach of Contract – SUING TO ENFORCE AGREEMENTS

 

Stay tuned for additional information on the following subjects:

 

Deceptive Trade Practices Act (DTPA)

Personal Injury

Property Damage Only Car Accidents

Slip and Fall

Small Claims Litigation

 

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