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Oftentimes, potential clients ask our attorneys the following question:
"How can I determine if this case will become successful?"
Unfortunately, there isn't any formula that allows us to provide a precise answer in these situations. There are several factors that play a role in determining whether or not a potential personal injury case will be successful. However, a simplified evaluation can be done by looking to three necessary parts to any personal injury claim:
1. Liability- In essence, liability shows that somebody or some entity did something wrong. This doesn't mean wrong by moral standards, but could mean they violated a statute or ordinance, or failed to use the reasonable care necessary to avoid the harm they caused.
2. Damages- Damages encompass both economic damages and non-economic damages. Economic damages are medical bills in the past and the future that were sustained as a result of the harm that was caused. Additionally, economic damages include any lost wages or loss of earning capacity in the past and future. Furthermore, non-economic damages consist of both the pain and suffering you went through, the mental toll the injury took, and the physical impairment, in the past and the future, as a result of the injury.
3. Source of Recovery- If liability and damages exist, the next step is to look for a source that can make you whole for your injuries. In the state of Texas, it's extremely difficult to go after an individually successfully, and so usually you would look to an insurance company, whether it's car insurance, homeowner's insurance, or a business' insurance.
While this list doesn't encompass all the facets necessary for a successful case, this can serve as a great outline of helping individuals determine if they may be successful in a personal injury case. Additionally, if you have any questions, please contact an experienced Austin personal injury lawyer that can provide you with a free evaluation of your case and talk specifically about your legal rights moving forward in a potential case.