Do I Have a Personal Injury Case? (The 3 Key Parts)
There are many factors that go into determining whether you have a viable injury case. Speaking with an attorney is always the best option, but generally, three things must be in place to make it possible—and worth your time.
We like to think of these three elements as the “legs of the case.” Imagine a stool with three legs: if even one leg is missing, the stool falls over. The same is true for your case.
1. Liability (Who’s at Fault)
In order to recover compensation for your injuries, you cannot be fully at fault for the accident. In Texas, if you are more than 50% at fault, you may not be entitled to any compensation.
For example, if you are found 30% at fault, you may still recover damages—but your recovery will be reduced by your percentage of fault. So, if your case is worth $100,000, you would only receive $70,000.
Insurance companies often try to deny claims outright by arguing you were more than 50% at fault—or by exaggerating your responsibility. This is why having an attorney on your side is critical. We can fight back, build evidence, and work to show that you were not at fault.
2. Proving Your Injuries
It is not enough to simply say you are injured. Any settlement an insurance company offers must be justified with objective medical documentation.
That means going to the doctor, following up consistently, attending therapy, and keeping records of your treatment. Medical records are what prove the extent of your injuries, and they are necessary to maximize your compensation.
If you do not have proper documentation, even if the other person is found to be at fault, you could receive only nominal damages—sometimes as little as $1. In other words, you “win” your case in name only but receive no meaningful recovery.
3. Available Insurance Coverage
The final part of a personal injury case is insurance coverage. Unfortunately, this is often the biggest limiting factor.
In Texas, the minimum liability coverage for bodily injury is $30,000. If the at-fault driver only carries this minimum, $30,000 is the most you can recover from their policy, no matter how serious your injuries are.
Unless the at-fault driver has significant personal assets (rare, and often protected by law), the insurance policy usually sets the ceiling for recovery. On the other hand, if the driver carries a larger policy—say $100,000 or more—then the value of your case depends heavily on the strength of your medical documentation and proof of damages, such as medical bills, lost wages, and pain and suffering.
Additionally, if you carry underinsured motorist coverage, your own policy may provide extra compensation when the at-fault driver’s coverage isn’t enough.
At The Kaufman Law Firm, we know how to build all three legs of a case—proving liability, documenting injuries, and finding every available source of recovery.
