Injury litigation is a civil lawsuit in which one person, the plaintiff charges that another person or business, the defendant, failed to act or was otherwise negligent in some way that lead to the injury of the plaintiff. This type of legal action is not pursuing criminal charges, but is handled in civil court. Most who file these charges are hoping to achieve a settlement on behalf of the plaintiff from the defendant or the defendant's insurance. The amount which is received from the settlement is determined by the cost of expenses, previous court rulings and the circumstances of the case. Many cases are settled out of court, between the two parties and their attorneys.