Do I have a case?
What must I prove to win my case?

As a personal injury attorney and serious accident lawyer in Austin, Texas, I know there is often confusion regarding these types of cases. Just because you are injured does not mean that someone else must compensate you for your injuries. Some personal injury accidents are just unfortunate events where no one was at fault. Unless someone else's carelessness, or "negligence", caused your injuries, you do not have a viable case. Even if someone else's carelessness did cause your injury, under certain circumstances you still may not be able to sue them.

"Negligence" occurs when the person who injured you did not act the way a reasonable person should have in the same situation. In order to recover damages for your personal injury, you must also show that the person who injured you owed you a legal duty, that they breached that duty, and that your injuries were the result of that breach. 

Also understand that in Texas the law of "comparative negligence" controls how much money, if any, you can recover from someone who causes your injury. If the jury finds that you were partially at fault for the accident, they will reduce the amount you recover by the amount you were at fault. If the jury finds you were more than half at fault for your injuries, you will recover nothing.

For example, if your damages total $100,000.00 and if a jury awards you that amount but determines that you were 20% at fault, your $100,000.00 would be reduced by 20%, or $20,000.00, leaving you with $80,000.00. If the jury finds that you were 51% or more at fault in your accident, you will recover nothing. It may not seem fair, but it is the law in Texas. 

These pitfalls are why it is important to get good information regarding personal injury claims in Texas before your talk to a lawyer or an insurance adjuster. See below to order our free special report: Texas Personal Injury Guide: What You Should Know Before You Call a Lawyer. Read the report, and review our web site. If you believe you may have an injury accident claim, contact our office for a free, no obligation consultation. After we evaluate your case we will discuss with you the issue of comparative negligence and any other relevant aspects of your case to determine whether or not you have a case worth pursuing.

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"Texas Personal Injury Guide: What You Should Know Before You Call a Lawyer"

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