You know if you have a good personal injury case when:
- You can prove that someone else was liable for your accident.
- You can establish that the accident caused your injuries.
- You can verify that your injuries caused you harm.
- The value of your case exceeds any legal expenses you will need to pay.
Providing Proof of Liability
To establish that another party is liable for your injuries, you must provide evidence of the at-fault party’s negligence.
The types of evidence you can present as proof includes:
- A police report from the officer on the scene
- Eyewitnesses who are willing to corroborate your claim
- Any photos or video surveillance that captured the accident
- Any statements gathered from the liable party
Providing Proof of What Led to Your Injuries
Once we’ve established liability for your accident, we also need to prove that the accident caused your injuries. We can submit the following evidence on your behalf:
- Medical reports
- The type of treatment you received
- Written or verbal statements from medical experts
- Any additional treatment such as medication, in-home care, or physical therapy
Remember to keep careful records of the care you received and all interactions with medical specialists.
Establishing How Your Injuries Caused Harm
Your personal injury may have altered your life in various ways. To support your personal injury case, we can submit evidence to establish that your injuries endangered your life. Examples of evidence we can submit include:
- Medical bills for all the treatment you received
- Any lost wages or benefits from being out of work
- Testimony that establishes your inability to return to work
- Testimony from your friends and family and yourself to establish noneconomic damages (e.g., pain and suffering, loss of quality of life, and loss of consortium)
Who Determines if You Have a Good Personal Injury Case?
In most cases, the value of your claim is determined by different factors:
The Insurance Company
When you file a claim for your personal injuries, the at-fault party’s insurance company typically handles the claim. An insurance adjuster will review your case and either deny your claim or attempt to negotiate a settlement.
If you and the insurance company agree on a settlement, the case will be closed. If neither of you can agree on the settlement, you have the option of filing a lawsuit in court.
Once you file a lawsuit against the at-fault parties, you will proceed through the litigation process. In a civil lawsuit, your claim and the determination of who is liable for your injuries and how much you will be awarded for your damages will be decided.
Filing Your Case Within the Statute of Limitations
According to Texas’ statute of limitations for personal injury claims, you have two years from the date of your accident to file a personal injury claim.
If you miss the deadline, you may not be eligible to pursue compensation for your medical expenses, lost wages, or any other damages. Therefore, you need to act quickly.
Consulting a Personal Injury Firm in Texas
Before you submit a claim against the liable party’s insurance company, you may want to consult a personal injury firm. A member of our team can determine if you have a good personal injury case and discuss the legal options available to you.
Our attorneys can also guide you through the claims process if your case goes to trial. Our team provides assistance by:
- Answering your questions and providing you legal counsel
- Representing you in all aspects of your case
- Negotiating with the insurance company for the settlement you deserve
- Gathering evidence of liability and case value
- Managing all documents and organizing your paperwork
- Filing a lawsuit if the insurance company does not negotiate fairly
Personal Injury Lawyer in Texas
If you need legal assistance for your personal injury case in Texas, contact D. Miller & Associates, PLLC. Our law firm offers legal services for victims of personal injury accidents.
For a free case evaluation, call us today at 713-850-8600.
Related Frequently Asked Questions
- What Is the Deadline to File a Wrongful Death Lawsuit from an Auto Accident in Texas?
- How Do You Know If You Have a Good Personal Injury Case?
- What if I Am Partially at Fault for a Car Accident?
- How Do Personal Injury Lawyers Get Paid In Texas?
- Can You Change Lawyers in the Middle of a Personal Injury Case?