• By: Hank Stout
  • Published: October 2016

Do I Have a Personal Injury Case If you were in a car accident, motorcycle accident, trucking accident, were injured at work, or had a botched medical procedure, you may have a valid personal injury legal claim.

This post will help you understand the basics of a successful personal injury case, but it is not a substitute for talking to a personal injury lawyer. Only a qualified attorney can evaluate the facts of your case and tell you whether you have a valid personal injury case.

What is a “Personal Injury” Lawsuit?

A personal injury lawsuit is a case that is filed in civil court by someone who was injured as a result of someone else’s conduct. The person who files the lawsuit is called a “plaintiff” and the party the lawsuit is filed against is called the “defendant.”

The goal of a personal injury lawsuit is to obtain financial compensation for the injuries and other losses that the plaintiff suffered.

There are two ways a personal injury case can be resolved. The case can be tried to a jury or judge. However, it is more likely that the case will be settled out of court during settlement negotiations between the parties.

To maximize the amount of financial compensation you receive and protect your legal interests, we suggest you hire an experienced personal injury lawyer to represent you.

Do I Have a Case for a Personal Injury Lawsuit?

To have a personal injury case, you must prove that the negligence of another party led to you sustaining an injury and damages. To determine whether you may be able to recover damages by filing a personal injury lawsuit, you should start by asking yourself these three questions:

  1. Did you suffer a serious personal injury?
  2. Can you prove negligence?
  3. Do you have recoverable damages?

Did You Suffer a Serious Personal Injury?

To collect damages in a personal injury case, you must prove that an actual injury occurred. In most circumstances, this means that you must have sustained a physical injury in order to file suit for negligence.

After an accident, it’s critical to see a doctor right away. There is nothing more important than a person’s health and a person’s health can very much be in jeopardy following an accident. As a result, we strongly suggest that you get checked out if you are in pain. If something serious is wrong, a doctor can help you make sure that the issue gets addressed.

Your medical records will be important evidence regarding the extent of your injuries. If you delay getting medical treatment for your injuries, an insurance adjuster, judge, or jury may have a hard time believing that you were truly injured in the accident. The other party may argue that your injury was not caused by their negligent conduct, but by a later, unrelated event. This can cause you to lose your personal injury case altogether.

Can You Prove Negligence?

The basis of a personal injury lawsuit is a claim (or claims) for negligence. Using evidence, you must be able to prove the following elements:

  • The defendant owed a legal duty to you.
  • The defendant breached that duty to you.
  • The defendant’s breach was the legal cause (“proximate cause”) of your injuries.
  • You suffered damages as a result of this breach.

Legal Duty

Under Texas law, people and companies generally have a legal duty to exercise reasonable care to avoid foreseeable injury of others. There are some special scenarios when this standard is higher.

Breach of Duty

The next element of a negligence claim is establishing that the defendant breached this legal duty. Sometimes, it is possible to satisfy this element by showing that the defendant broke the law. This is a legal concept known as negligence per se.

Proximate Cause

Next, you have to prove that the defendant’s conduct was sufficiently related to your injury. The legal test applied is whether your injuries were foreseeable as a result of the defendant’s conduct. For example, you might argue in a motorcycle accident case that the broken bones you suffered were a foreseeable result of the at-fault party’s drunk driving. Proximate cause would be satisfied here.


You must have suffered harm that can be compensated by the payment of money damages. In Texas, you may be partially at fault and still recover damages because Texas is a “comparative negligence” state. According to Texas statute, however, the injured party cannot collect damages if their percentage of responsibility for the injury is greater than 50 percent.

Using Evidence to Prove Negligence

A personal injury lawyer can collect evidence to help prove another party’s negligence.  Some things that may help prove negligence include:

  • If you were in a serious car accident, pictures of damage to the vehicles, road debris, street conditions at the time of the accident, and any relevant signs or lights can help prove negligence. If you slipped and fell at a residence or business, take a picture of what caused you to fall.
  • Testimony from eyewitnesses can also help prove negligence. It is important to get the names and contact information of any eyewitnesses at the scene of the accident. In more complex personal injury lawsuits, you may need expert testimony on certain issues.
  • Police reports, medical records, and business records can be critical evidence of negligence. A lawyer can help you obtain these reports and records through a legal process known as “discovery.”

Do you Have Recoverable Damages?

To have a case for a lawsuit, you must be able to prove the “damages” element of negligence discussed above. Some of the damages that can be recovered in a Texas personal injury case include:

  • Medical expenses. The cost of your past and future medical treatment, which can be established through accurate medical records and testimony from doctors.
  • Lost earning capacity or wages. Lost wages are the actual lost wages up to the date of trial or settlement. You must keep accurate records of any time you had to take off work as a result of your injuries. Lost earning capacity is the lost potential future income because of your injuries and need for ongoing medical care. Evidence that can be used to prove lost earning capacity includes a record of jobs held in the past, salary history, tax records, and education transcripts. Experts may testify at trial that because of your injury, completing certain tasks required for a job are no longer possible.
  • Physical pain and emotional suffering. It is important to keep records about pain and suffering experienced after an accident. Keeping detailed medical records can help prove damages. Expert medical witness testimony at a trial can also help establish physical pain and suffering and the amount of compensation to which you are entitled as a result.
  • Mental anguish. To recover damages for mental anguish, you must provide evidence of the nature, duration, and severity of their mental anguish and show that it caused a substantial disruption in your daily routine.
  • Punitive damages. If the other party acted with malice, which is an intent to injure, or gross negligence, which is when a person or company shows a conscious disregard for the health and safety of others, you may be able to recover punitive damages. An experienced personal injury lawyer can help you understand if this might be available in your personal injury case.

Some states place caps on the amount that can be awarded in personal injury cases.  Under Texas statute, caps apply to medical malpractice awards and to certain types of punitive damage awards.

Do You Have a Personal Injury Case? Sutliff & Stout Can Help

If you were injured in Houston or the surrounding areas and believe that you have a case, a personal injury attorney at Sutliff & Stout can help you determine your options. To speak with an experienced accident lawyer about your personal injury case, call or text our office anytime at 281-853-8446. We look forward to serving you.

About the Author

Hank Stout is a founding partner at Sutliff & Stout, Injury & Accident Law Firm. Hank earned his doctor of jurisprudence from South Texas College of Law and has been actively trying personal injury cases for over ten years. He was recognized by Thompson Reuters as a Rising Star from 2012-2014 and has been recognized as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas). He has earned a Superb rating by Avvo, and is a member of the Million Dollar Advocates Forum. To learn more, read Hank's full bio here.

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