How To Prove Your Injuries Are Serious Enough in a Personal Injury Claim?

How to Prove Your Injuries Are Serious Enough in a Personal Injury Claim

Not every injury suffered in a car accident, a slip and fall, or other mishap warrants a personal injury claim. You must be able to prove that someone else’s negligence caused your injury and that the amount of losses you sustained justifies legal action.

The personal injury lawyers of Kraft & Associates, Attorneys at Law, P.C., pursue claims for clients on a contingency fee basis. Our fee for legal services is a percentage of the compensation we recover for our client. If we recover nothing, we do not charge any attorney’s fee. Therefore, we can only pursue claims that we have confidence in winning and recovering enough compensation to make it worthwhile to our client.

During a free consultation, an experienced personal injury lawyer can review the details of your accident and evaluate whether you have a valid personal injury case. If our law firm can move forward with an injury claim on your behalf, we will fight for fair compensation for you. 

Demonstrating the Seriousness of Your Injuries

In most personal injury cases, much of the compensation sought in a lawsuit is to pay for your medical bills and lost wages related to the accident. This includes the costs of emergency medical care, medication, surgery, hospitalization, rehabilitation, medical equipment, out-of-pocket expenses, and any future medical expenses related to treating your injuries.

In some cases, the accident victim has catastrophic injuries, such as the following:

  • Traumatic brain injury
  • Spinal cord injury with paralysis
  • Loss of a limb (amputation)
  • Severe burns
  • Birth injuries
  • Eye injury (loss of vision)
  • Loss of hearing
  • Disfiguring injuries.

To determine the economic damages from your injury, we will gather your medical bills and consult your doctor about any anticipated future medical treatment. Texas law also allows you to recover compensation for your pain and suffering.

Insurance companies have records of what they have previously paid to settle injury claims similar to your claim. The insurance adjuster knows what amount to offer as a settlement to protect the insurance company’s profit margin. Insurance adjusters also have records of settlement offers that people in your position have accepted. To limit liability, an insurer may make you a quick settlement offer. It may sound like a lot of money, but quick offers are typically far less than the fair value of the claims. They are intended to limit the insurance company’s liability. Don’t fall for it.

Presenting a Compelling Case for Maximum Compensation

Economic damages are objective. We can calculate your medical expenses, lost wages, and the cost of repairs to a crashed car. Noneconomic damages for pain and suffering are more subjective. We must make the insurance carrier or a jury understand what you deserve for your pain and suffering, scarring and disfigurement, loss of quality of life, and/or loss of consortium.

To demonstrate what you deserve for noneconomic damages, we’ll compile your medical records and expert testimony by your doctors and other medical professionals about what you have endured through no fault of your own and your prognosis for the future.

To describe your injuries and their impact on your life, we may have your family, friends, and possibly you testify about how the injuries have changed your life. You may led an active life before your injury — as a dancer, an athlete, or someone who spent a lot of time outdoors. We may have you keep a journal of your medical care and recovery and how your injuries have changed your life and limited your ability to take part in activities you previously enjoyed.

In cases of permanent or long-term disability, we enlist life care planning consultants who provide detailed projections for the lifetime needs and costs of patients with disabilities. These additional economic expenses may include the cost of the ongoing need for medication or assistive devices, delayed medical procedures, or the cost of personal assistance. The life care planners we work with are available to discuss the life care plan in writing, in a deposition, and in court testimony.

Getting Legal Help to Navigate the Complex Claims Process

The legal professionals at Kraft & Associates in Dallas, Texas, can help you pursue a personal injury claim and seek maximum compensation. Our personal injury attorneys will negotiate with the insurance company and handle the paperwork and legwork required so you may focus on recovering from your serious injuries.

We will investigate to determine who was at fault for the accident if that is in dispute. Then, we can identify the insurance company responsible for compensating you for your losses. Once you have reached maximum medical recovery from your injury, an experienced personal injury attorney can calculate your total costs and losses and present a demand letter to the insurer. This will detail the compensation you need and summarize the evidence supporting your claim.

Most personal injury claims are settled without a trial. If this is not possible, we will file a personal injury lawsuit in your name, asking the court to compel payment of maximum compensation for you. Eventually, we’ll reach the discovery phase of a lawsuit, in which each side must share its evidence with the other side. This is often when insurance companies get more serious about offering reasonable settlements.

If the insurer refuses to agree to a fair settlement and your personal injury case must go to court, we will present a persuasive case on your behalf featuring the testimony of witnesses recognized by the court as medical experts. We will ensure you understand what to expect at every step of a trial.

Preparing for Your Personal Injury Claim

It is good to speak with an experienced attorney in a timely manner after a serious accident. The statute of limitations for filing most personal injury lawsuits in Texas is two years. After two years, you will likely be barred from pursuing a claim.

We suggest that if you have been hospitalized with a serious personal injury someone else caused, you should begin to save all records of the accident, your injuries, medical care, and their costs. Follow all doctors’ instructions and contact a Dallas personal injury attorney as soon as you are able to do so. If you are in the hospital, we can come to you.

In the meantime, do not accept a check or sign anything offered by an insurance company. You could mistakenly sign away your legal rights to file a personal injury claim and pursue compensation.

Get Legal Help From Our Experienced Personal Injury Lawyers Near You

If you have been injured in an accident because of someone else’s carelessness, contact Kraft & Associates, Attorneys at Law, P.C. Our personal injury law firm will provide you with a frank assessment of your prospects for pursuing a personal injury claim for the costs and losses you have suffered. Our attorneys have a thorough understanding of Texas personal injury law. If we see a way forward, we will be ready to provide legal representation and pursue full compensation for you.

Contact our Dallas personal injury lawyers today at (214) 999-9999 for a free consultation. Remember, if we cannot recover compensation for you, there will be no attorney’s fee for our services. Call us now.

Author: Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law, Social Security Disability, Elder Law, Medicaid Planning for Long Term Care, and VA Benefits.