Do I have a personal injury claim?
Written by Greg on May 20, 2015
People call our Houston personal injury law firm frequently wondering if they have a case. In order to have a valid claim there must be certain legal requirements that are met in order to move forward.
The person who caused the harm must have owed a legal duty in order to be held legally accountable in Texas. An example would be someone who failed to stop at a red light and ran into your automobile. The other driver had a duty to obey traffic signals and the laws in the state of Texas.
The aforementioned duty must have been breached in order to meet the second requirement for a legal claim in Texas. In our example above, the breach of the duty came by violation of the law, in other words running the red light.
Assuming there is a duty and a breach of that duty you must have incurred legally recognizable damages in order to have a personal injury claim. In the example above, if you were not injured, your claim would be for property damage only. It is not enough that you might have been hurt. The burden to prove damages falls on the injured person.
There is another part of answering the question of whether you have a personal injury claim and that involves a practical aspect of can you collect if you win the case. Most the time, this would be covered by insurance and in our example above would be automobile liability coverage of the defendant.
People who are not covered by insurance can be sued for their negligence and held legally accountable. But in that situation you must analyze whether it is likely you will collect if you win the case in order not to spend good money chasing bad.
ADVANTAGES OF FREE CONSULTATIONS
Any time you have a question regarding the viability or likelihood of a personal injury claim you are well advised to take advantage of a free initial consultation from a respected personal injury attorney in your area.
Also, be aware that every personal injury claim in Texas has certain time limits that can bar claims not timely made. The sooner you consult with an experienced attorney the better.
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