If you were seriously hurt in some kind of accident, you’re probably wondering whether you have grounds for legal action. Since the associated damages are probably adding up fast, you’re going to want to secure any available compensation as soon as possible.
The easiest way to determine whether filing a personal injury could be worthwhile is by consulting an attorney. A knowledgeable lawyer can evaluate the situation from all angles to help you decide how best to proceed.
Should you be wondering what kinds of factors the attorney will consider, read on. Here are some of the biggest signs that you’ll be able to put together a strong claim:
1. The Accident Was Not Merely a Fluke
Some accidents are impossible to predict and, consequently, impossible to prevent. As such, there’s no one to blame when they cause injury.
Many accidents can be prevented, however, and it’s those that warrant legal action. Generally speaking, you should have grounds for a claim if you can convince the insurance adjuster that the incident in which you were hurt would not have happened had someone taken reasonable measures.
2. You Sustained Legitimate Injuries
If you slipped and fell at a business establishment but you were able to get up and go about your day without so much as a scratch, it’s probably not worth filing a claim. This is assuming, however, that you underwent a comprehensive exam and your doctor confirmed as much.
To build a strong personal injury claim, you must have suffered actual injuries. What’s more, you must be able to convince the insurance adjuster that said injuries were the direct result of the accident in question. Put another way, you’re going to have to prove causation, which can pose a challenge if you have any preexisting conditions. Thankfully, a resourceful attorney should be able to help.
3. You Incurred Recoverable Damages
Every successful personal injury claim is supported by sufficient evidence of damages. In order to be eligible for compensation, you must show how you incurred actual losses in the wake of the accident.
In Texas, recoverable losses generally include:
- Diminished quality of life,
- Disfigurement,
- Physical impairment,
- Mental anguish,
- Pain and suffering,
- Home modifications,
- Alternative transportation,
- Domestic help,
- Replacement services,
- Property repairs,
- Lost income,
- Loss of future earnings, and
- Medical expenses.
Texas tort law also recognizes loss of companionship or consortium. This refers to the harm the victim’s marital relationship suffers as a result of the accident. In a successful loss of consortium claim, the funds go to the husband or wife of the injured party.
Discuss Your Claim with a Personal Injury Attorney in Houston
If you think you have grounds for a personal injury claim, turn to Chelsie King Garza, P.C. for strategic legal guidance. Attorney Garza is a seasoned litigator who has what it takes to resolve even the most complex cases. To schedule a free initial consultation with this Houston personal injury lawyer, submit the Contact Form on her website or call 713-893-8808.
