What makes a good personal injury case?
The first question we get asked from new or potential clients is: “Do I have a case?”. As every accident is unique, there is no single comprehensive answer. In the state of Texas, however, the following three items need to be proven by an accident victim in order win a personal injury claim:
- Proof of a negligent act.“Negligence” and “intent” do not have the same meaning. It is not necessary to prove the other driver hit you with intent, but rather did so with a disregard for public safety and traffic laws. Running a red light and colliding with another vehicle would be one example of proof of negligence.
- Proof the negligent party caused an injury.Once negligence is proven, you must be able to attribute an identifiable injury to the accident. Physical injuries, psychological trauma, and damages to your car can all act as proof after a wreck. For this reason, it is INCREDIBLY IMPORTANT to take detailed photos of both your injuries and your vehicle.
- Proof the injury resulted in recoverable damages.The term “damages” refers to the amount of money an accident victim may recover from a negligent defendant. Medical bills, lost wages, and vehicle repairs are examples of common damages that result from a car accident.
The Injury Claims Process in Texas
- CALL PAUL. The first step accident victims should take is to seek the consultation of an attorney. Your odds of success in your personal injury claim increase greatly with legal representation. Batrice Law Firm has extensive experience with personal injury claims, including car wrecks, 18-wheeler wrecks, motorcycle crashes, and boating accidents as well as slip and fall accidents. We have seen every type of personal injury and are more than prepared to take your case to trial if necessary.
- Launch an investigation and collect evidence. Hiring a lawyer does not always mean filing a lawsuit. Our team of experts will first need to gather as much information supporting your personal injury claim as possible. During the investigative process, we will collect any and all photos from the scene (including property damages and injuries sustained), request copies of the crash report, and contact any witnesses to the accident, among other things. DO NOT try to help yourself by speaking to any insurance company. Insurance companies employ entire law firms in an effort to minimize the amount they pay out. Instead, let us do the talking for you!
- Document the extent of your treatment. In order to win your case, the court will require proof of your accident-related injuries. It is vital to seek medical attention as soon as possible after an accident, either by visiting the ER or seeing your primary care physician. Medical records will provide documentation of your injuries that will be crucial to winning your case. It is important that you use a doctor who not only is a good treatment provider, but also is not afraid to testify in court. We can help in this regard if need be.
- Consulting experts. Most good personal injury attorneys use Expert Witnesses in case to establish liability and prove up damages. These experts, such as an accident reconstructionists, trucking experts, braking experts, life care planners, economists, and vocational experts, can serve as witnesses to help a judge or jury understand the sequence of events and damages that you have endured or will likely endure in the future.
- Negotiate a settlement or file a personal injury lawsuit.
The vast majority of personal injury claims are settled without the need for trial. Defendants and their insurance companies are often forced to settle cases with the proper proof of evidence against them. If early settlement is not possible, we will file a lawsuit to fight for you in court. It is important to note that better lawyers have experience filing lawsuits and are not afraid to appear in court on your behalf.
- Obtain an outcome. Throughout the litigation process, evidence will be exchanged between parties in an effort to establish a strong bargaining position and force a settlement. If settlement is not possible, a trial may be required. In trial, the judge and jury will be presented evidence and arguments from both sides prior to rendering a verdict. If the losing side does not appeal this verdict, the trial court’s decision is final and your personal injury case is complete. If there is an appeal, most cases are still able to negotiate based on the outcome in the trial court.
Turn To Us For Trusted Support
If questions arise regarding the what makes a good personal injury case, let us look for answers. We can review your case, explain your options and describe how we can help you. For a free initial consultation, call 512-600-1000 or send an email to our firm in Austin today.