How Do I Know If I Have A Good Case?
Just because you were hurt doesn’t mean you are entitled to money. The evidence must show that someone’s negligence caused you to get hurt. If the evidence doesn’t show the other party was negligent, you lose. If you sue the wrong person, you lose. If you wait too long to sue, you lose. If you had an injury BEFORE the accident, then you are only entitled to be compensated to the extent your injury is now worse.
In Texas, if you were in any way at fault, you do not necessarily lose. This is known as the law of comparative negligence. This means that if the “other guy” was 99 percent at fault and you were 1 percent at fault, then you are entitled to recover 99% of your losses. However if you are more than 50% at fault, i.e. 51% the law says you do not get to recover anything.
Before we accept your case, we must be confident that your actions were not the only cause of the accident.
Also, in Texas, except in extraordinary circumstances, you cannot sue your employer for negligently hurting you if the employer carries worker’s compensation insurance. If the employer’s gross negligence results in death, the family can sue, but these cases can be hard to win. I.e. it has been said that it is easier to uphold a murder case in the Appellate Courts than to get them to uphold a “gross negligence” case.
Sometimes, several persons or companies are at fault, and a jury gets to decide the percentage of blame against each. If one company such as an employer is to blame, but cannot be sued, the jury can apportion fault among the others in most circumstances.
More General Personal Injury FAQ
- Do I have a right to recover if I'm partly at fault? video platform video management video solutions video player ...
- Do I Have to Pay Back my Health Insurance Company out of my Settlement? video platform video management video solutions video player ...
- How soon should I go see the doctor? Immediately, even if you are only a little sore on the day of the accident. Even a small impact causes the occupants to sustain several thousand pounds of force, and most folks feel like they have been run over by a train 48 hours after the accident. ...
- How do I get my property damage claim handled? Call YOUR insurance carrier first. They will handle this portion of the claim for you, even if the accident was caused by the other person. They will ask that person's carrier to pay them back. If you don't have coverage, and the accident was caused...
- How Much Should I Ask For In My Wrongful Death Claim? Every family's claim is different and the value is determined by a jury. How should you or your lawyer go about estimating that value in order to settle the case? Suppose in the situation where the wrongdoer negligently caused property losses of $3,000...
