If you think of a personal injury case, like a three-legged stool, a personal injury case only needs three legs to have a personal injury case that stands.
- Liability > It’s NOT your fault. The incident causing injury must be the fault of another’s negligence.
- Collectability > There is insurance coverage or an avenue of collection. In most if not all cases, Insurance is the avenue of collection.
- If you are in a collision with an uninsured driver or it was the result of a hit and run, you STILL may be eligible if you carry Underinsured or Uninsured motorist coverage under your insurance policy. Your rates do NOT increase by utilizing this coverage when the collision is not your fault.
- If you are a PASSENGER of a vehicle you have potentially numerous avenues of insurance available to you which may include the insurance policy of the tortfeasor, the driver of the vehicle in which you are riding and a policy in which you may have coverage.
- Damages > you must be injured to pursue a case.
What Is My Personal Injury Case Worth?
That is a difficult question to answer, but ultimately the value of your case is determined by how much insurance is available and how damaged you are.
The more damaged you are, the more valuable the case. However, there must be enough insurance coverage to compensate you for our damages. When a client is involved in a collision with an 18-wheeler or commercial company, the MINIMUM insurance coverage is $750,000 and in most cases, truck companies carry much more than the minimum policy requirement.
The minimum insurance coverage for an individual policy is $30,000 in Texas.
It is SO important to for YOU to have UNDERINSURED/ UNINSURED motorist coverage (“UIM”) so you are protected in the case you are severely injured as the result of the negligence of another who only has the minimum coverage or even no coverage available.
What Are My Damages in a Personal Injury Case?
Damages refer to the type of loss someone suffers and Texas recognizes a number of different types of damages in personal injury cases.
ECONOMIC DAMAGES: the types of damages that can be QUANTIFIED
- Loss Wages / Lost Income
- Loss of Future Earning Capacity
- Medical Expenses – Past and Future
- Special Damages – Household Chores, childcare costs,
- Life Expectancy / Work-Life expectancy
Non-Economic Damages: Not so easily quantified damages
- Pain & Suffering
- Mental Anguish
