When people ask, “Do I have a personal injury case?” what they are really asking is whether what happened to them can be proven, valued, and pursued against the right party. Not every accident becomes a strong claim. A real case starts when another person, company, or organization acted carelessly, recklessly, or unsafely, and that conduct caused serious harm. From there, the strength of the claim depends on more than the injury alone. It depends on whether there is clear liability, documented damages, solid evidence, and unfortunately, a realistic path to recovering compensation.
Strong personal injury claims are built on facts:
And even if the case is strong on paper, is there actually insurance coverage or a financially responsible defendant behind it? These are the questions that determine whether you may have a case and how valuable that case may be. The following article was built to help you develop a stronger understanding of what goes into building a strong case, and when you have a good claim.
Injury Attorney Hilda Sibrian believes that everyone deserves diligent and capable legal representation to improve their chances of recovery after an accident. If you or a loved one were injured because of someone else’s fault or wrongdoing, call us. We’re here for you 24/7.
The most important factor behind a personal injury case (besides being injured) is that your injury was caused by another person.
The key principle behind liability is that the action was:
Moreover, many cases have more than one party responsible for your injury. In a truck case, the liable parties could include the driver, the dispatcher, the loading crew, or others. There is rarely a single party who is entirely responsible for your injury; very often the injury is caused by “third-party liability.”
How do you determine the “cost” of an injury and the damages? The answer is both simple and complex.
One the one hand, you have “economic damages” or financial consequences, in plain english.
These can include:
On the other hand, you also have “non-economic damages”, or personal consequences.
These can include:
Once you have established liability and start sorting out how you’ve been harmed, you need to be able to prove it!
The evidence used in personal injury cases can be broken down into two categories: physical and testimonial. Any video, document, or photo that objectively supports your claim is considered physical evidence, while any statement from a friend, family member, colleague, coach, or eyewitness is considered testimonial.
In general, physical evidence is much stronger than testimonial evidence, because it is objective. Physicaly evidence is usually used to determine the facts of the case – what really happened, and how. The more objective support you have, the stronger your case will be.
As a note, this is why we recommend everyone have a dashcam! No matter what other parties say, if you are hit on the road, your dashcam is an objective observer in your case.
For more information on the types of evidence used in personal injury cases, read our article here.
A slightly controversial topic, the collectability of your claim is extremely important. Most individuals simply do not have the cash to support paying out a personal injury settlement, and end up filing for bankruptsy with little recourse.
Companies are a little different. When a company files for bankruptcy, like TPC group after their Port Neches explosion in 2019, plaintiffs have a few options. Typically, this means that you become an “unsecured creditor” – meaning they owe you money, but haven’t said where it will come from.
Collecting money from companies that declare bankruptcy (unless it’s clear they did so just for your lawsuit) takes years, if you ever see a penny. Truthfully, sometimes your only real course forward is to move on.
This is why it is so important to work with a lawyer that can correctly identify all liable parties, so the odds of losing collectability are lessened significantly.
The irony of iron-clad settlements is that no one every hears about them. There are a few reasons for this, but the primary one is that companies do not want the public to know:
As such, confidentiality is a big part of settlements. That being said, companies must also earn confidentiality; one of the perks of having a strong case is the ability to ask for more money in return for not exposing the company.
The following are a number of high-profile and open-and-shut cases that went to trial due to failed mediation or insurance companies refusing to work with the victim.
In 1984, a previous Attorney General and now-governor of Texas was struck by a tree trunk that snapped and fell while he was running. The 75-foot tree knocked him down, broke his back and ribs, and ultimately left him paralyzed from the waist down.
The victim then sued the owner of the tree and the tree-trimming company that had worked on it, settling the case for an open amount that has paid at least $5 million so far.
What Makes This Case So Strong?
Hernan Murillo died after falling to his death in 2019 while conducting electrical work. Murillo fell from his scissor lift after being struck by a separate boom lift that backed into him.
The jury awarded his surviving spouse, Laura Lopez, $72 million, aportioned across Walker Engineering (65%) and Walker Industrial (35%).
What Makes This Case So Strong?
“But my buddy Greg says…”
No matter how much legal advice you receive from your friends, remember that the people you are going up against shut down cases for a living. Their livelihood depends almost entirely on shutting down your specific, individual personal injury claim. For more information on some of the underhanded tricks insurance adjusters use, read here.
Our legal team operates on a contingency fee basis, meaning: you don’t pay us to start your case and if we don’t win, you don’t pay any legal fees. Our fee would be a percentage of the compensation obtained for you and your family in the settlement. So you don’t have to pay us out of your pocket, and there are no upfront payments, either!
If you have been hurt on the job or on the road, remember these 5 basic steps. Remember that every case is different, but proving your case almost always relies on these basic principles.
Most personal injury attorneys offer free consultations, meaning you can always get a first opinion on your case.
and many attorneys operate on a contingency fee. This means that you pay nothing out of pocket to start your case. Instead, the lawyer works with you through discovery as you build your case, and only receives payment as a portion of the claim once the case is over.
If you or someone you love has been seriously injured on the road or on the job, you need to speak with an experienced personal injury attorney as soon as possible. Attorney Hilda Sibrian has served the Houston area for over 22 years, and has worked with clients injured in car accidents, truck accidents, refinery and oil field accidents, chemical release incidents and more.
Hilda Sibrian serves communities across Houston, Sugar Land, Pasadena, Baytown, The Woodlands, and surrounding areas. If you or a loved one has been injured by in a refinery accident, call Hilda Sibrian today or fill out our online contact form.
Our team of Houston accident lawyers is ready to assist you if you or a family member has suffered injuries in a personal injury accident. Don’t leave your recovery and livelihood to chance; you deserve compensation. Call us today and book your free and confidential consultation with an expert from our team. Get your compensation with The Law Offices of Hilda Sibrian™, attorneys who know how to deal with insurance companies.
Yes. Many personal injury cases involve more than one responsible party. Being partly at fault does not automatically prevent you from having a claim. What matters is whether another person, company, or organization also acted carelessly, recklessly, or unsafely and contributed to your injury.
No. A police report can help, but it is only one piece of evidence. Claims can also be supported by medical records, photos, videos, witness statements, workplace records, and other physical or testimonial evidence.
A case may still be worth pursuing. In some claims, there may be other liable parties besides the driver, such as an employer, vehicle owner, contractor, or company connected to the incident. A strong case depends not just on liability and damages, but also on whether there is a realistic path to collecting compensation.
You need enough evidence to prove both who caused the injury and how badly you were harmed. Strong claims are usually built with a combination of physical evidence and testimonial evidence, such as photos, videos, records, witness statements, and medical documentation. The more clearly you can prove liability and damages, the stronger the claim becomes.
Technically, you have 2 years since the discovery of the injury to file a claim in Texas.
However: Evidence can disappear quickly, companies can lose track of details, witnesses can forget, and waiting can make it harder to prove what happened and who was responsible. The sooner your case is investigated, the better your chances of preserving the records, footage, and witness testimony that may matter most.
Additionally, many attorneys will turn clients away if they feel they don’t have enough time to establish a full case before the Texas statute of limitations expires their claim.
Usually, no. Insurance adjusters begin investigating claims right away, and their job is often to reduce or minimize what your claim is worth. Do not talk to the insurance company alone before getting legal guidance.
It is worth talking to a personal injury attorney as soon as you believe someone else may have caused your injury. Serious cases often involve major damages, fast-disappearing evidence, and multiple liable parties. Most firms offer free consultations, and many work on contingency, so you usually do not have to pay upfront to find out whether you have a case.
