How to Know if You Have a Personal Injury Case

If you’ve been injured in an accident, one of the first questions on your mind is likely: Do I have a personal injury case? At Daly & Black, P.C., we know how overwhelming this question can feel. The legal system isn’t always clear, and insurance companies are rarely on your side. That’s why we’re here to help you evaluate the facts, understand your rights, and determine whether you have a claim worth pursuing.

Below, we break down the key elements that make a personal injury case valid and how to determine whether it’s time to call a lawyer.

What Makes a Personal Injury Case Valid?

To successfully bring a personal injury claim, you’ll generally need to prove four key elements. These establish that the other party was legally at fault for your injuries and that you are entitled to compensation.

Duty of Care

The first step is showing that the defendant owed you a legal duty of care. This means they had an obligation to act in a reasonably safe and responsible manner. 

Examples include:

• Drivers must operate their vehicles safely and follow traffic laws
• Property owners must maintain reasonably safe premises
• Employers must ensure a safe work environment
• Doctors must follow accepted standards of medical care
• Manufacturers must design and produce safe products

Breach of Duty

Next, you must show that the defendant failed to uphold that duty. This is known as a breach. Common breaches include:

• A driver texting behind the wheel
• A store owner failing to clean up a spill
• A landlord ignoring faulty stairs
• A nurse administering the wrong dosage of medication

Causation

You must also prove that the defendant’s breach of duty directly caused your injury. This is known as causation. There must be a clear link between their actions (or inaction) and the harm you suffered.

Damages

Finally, you need to show that you suffered measurable losses. These can include medical bills, lost wages, property damage, emotional distress, and pain and suffering.

If all four of these elements are present, you may have a valid personal injury case. An attorney can help you evaluate the strength of your claim and what evidence is needed to support it.

What If You’re Partially at Fault?

Don’t assume partial responsibility means you don’t have a case. In many states, including Texas and Louisiana, shared fault does not automatically bar recovery.

For example, even if you were speeding slightly when another driver ran a stop sign and hit you, and you’re deemed 20% at fault, you could still recover 80% of your damages.

The key is understanding how your jurisdiction handles fault and whether your percentage of responsibility limits or reduces your compensation.

How Fault Affects Your Claim

Whether or not you can recover compensation, and how much, often depends on how fault is assigned in your state. Most states follow a comparative fault system, which allows injured parties to recover damages even if they were partially responsible for the accident.

Here are two examples:

• According to Tex. Civ. Prac. & Rem. Code § 33.001, Texas follows a modified comparative fault rule. You can recover damages as long as you are less than 51% at fault for the accident. Your compensation will be reduced in proportion to your share of fault.
• Louisiana applies a pure comparative fault system which is outlined in La. Civ. Code art. 2323. This means that in Louisiana, even if you were mostly at fault, you may still recover compensation for the percentage attributed to the other party.

It is important to note that every case is different. A personal injury lawyer can help assess liability and protect you from insurance company tactics that try to unfairly shift blame.

What Damages Can Be Recovered?

A personal injury claim allows you to pursue compensation for a range of losses, known as damages:

Economic Damages

These are the tangible, measurable losses you’ve suffered as a result of your injury. Economic damages are often supported by documentation such as medical records, bills, and employment statements. They include:

• Medical expenses (hospital bills, surgery, physical therapy)
• Lost wages from missed work
• Future loss of income if you’re unable to return to your job
• Costs of ongoing rehabilitation or in-home care
• Property damage (such as vehicle repair or replacement)

Non-Economic Damages

These refer to the more subjective, personal losses that don’t come with receipts but still significantly impact your quality of life. They include:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life (e.g., inability to engage in hobbies or activities you once loved)
• Disfigurement or permanent disability
• Loss of companionship or consortium in wrongful death cases

You don’t need catastrophic injuries to have a claim, but the more serious and documented your injuries, the higher your potential compensation.

How Long Do I Have to File a Personal Injury Claim?

The time you have to file a personal injury lawsuit, known as the statute of limitations, varies depending on the state where your injury occurred. Missing this deadline could mean permanently forfeiting your right to seek compensation. Here’s what you need to know:

In Texas, most personal injury claims must be filed within two years of the date the injury occurred. This strict deadline is outlined in Texas Civil Practice and Remedies Code § 16.003. Whether you were injured in a car crash, slip and fall, or due to medical negligence, the clock starts ticking the day the injury takes place.

In Louisiana, the statute of limitations for personal injury claims was recently extended. Under Louisiana Civil Code Article 3492, as amended by Act No. 6 of the 2024 Regular Session, the prescriptive period has been increased from one year to two years, effective July 1, 2024. This new rule applies to personal injury claims arising on or after that date. Claims stemming from injuries that occurred before July 1, 2024, are still governed by the former one-year deadline.

This change aligns Louisiana with many other states, giving plaintiffs more time to gather evidence and make informed decisions, but it’s still important to act promptly.

Common Personal Injury Case Types We Handle

At Daly & Black, we handle a wide range of personal injury claims across the country, with a strong focus in Texas and Louisiana.

Visit our pages for:

• ATV Accidents
• Bicycle Injury
• Birth Injury
• Boating Accidents
• Brain Injury
• Burn Injury
• Bus Accidents
• Refinery Accidents
• Car Accidents
• Dog Bites
• Motorcycle Accidents
• Negligent Security
• Nursing Home Abuse
• Ski & Snowboard
• Slip & Fall
• Truck Accidents

Each type of case has its own nuances, and we’re equipped to handle them all.

FAQs

What are the basic requirements for a personal injury case?

You generally need to prove that someone else’s negligence caused your injury and that you suffered measurable damages as a result, such as medical bills, lost income, or pain and suffering.

Do I need to have a serious injury to file a personal injury claim?

No, but the severity of your injury often affects the value of your case. Even minor injuries can justify a claim if they result in medical expenses or lost income.

How can I find out if someone else is legally responsible for my injury?

Liability depends on whether another party owed you a duty of care and breached it. A personal injury lawyer can investigate your case and help determine if legal responsibility exists.

Still Unsure If You Have a Case? Let’s Talk.

You don’t have to figure this out alone. At Daly & Black, our personal injury attorneys offer free consultations to help you understand your rights and evaluate your options. We work on a contingency fee basis, meaning you don’t pay us unless we win your case.

Contact us today to find out if you have a valid personal injury case. We’ll go ALL IN to get you every dollar you’re owed.