Do I Have a Personal Injury Case?

Many people involved in an accident wonder whether they actually have a valid personal injury case. In Texas and New Mexico, most injury claims are based on negligence, which means someone failed to act with reasonable care and caused harm to another person.

FOUR WAYS TO KNOW YOU HAVE A PERSONAL INJURY CASE

To establish a personal injury claim, four elements typically must be present. First, a person or company must owe a duty of care. Second, that duty must be breached through careless or unsafe behavior. Third, the breach must directly cause the accident. Finally, the injured person must suffer damages such as medical bills, lost wages, or physical pain. Personal injury cases commonly arise from car accidents, trucking collisions, workplace injuries, dangerous property conditions, and construction accidents. Even if someone believes they were partially responsible for the accident, they may still have a claim. Texas allows recovery when a person is 50 percent or less responsible. New Mexico allows recovery even when fault is shared. An experienced injury lawyer can review the circumstances of the accident and determine whether a legal claim exists.