What must be proven to win your case?
Just because you are injured does not mean that someone else must compensate you for your injuries. Some 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. You must also understand that in Texas the law of "comparative negligence" controls how much, 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 and if a jury awards you that amount but determines that you were 20% at fault, your $100,000 would be reduced by 20%, or $20,000, leaving you with $80,000. 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. After we evaluate your case we will discuss with you the issue of comparative negligence to determine whether or not you have a case worth pursuing.