Top 10 Criteria for Considering Damages and Proving a Personal Injury Claim

Auto Accident How to Prove Negligence in a Car Accident

Proving a personal injury claim can be difficult, depending on what evidence is available and the type of injury you sustained. To help you better understand what goes into making a successful case, here’s how to prove a personal injury claim and what factors may determine how much your claim is worth.

What Is a Personal Injury Claim?

A personal injury claim is a civil action you can bring against another party if you’re harmed in an accident that was not your fault. Common types of personal injury claims include:

  • auto accidents
  • medical negligence
  • product liability claims
  • slips, trips, and falls
  • whiplash claims
  • workplace accidents (for example from an oil rig, construction site, etc.)

The types of injuries covered by personal injury claims are even more diverse, ranging from minor cuts and soft tissue sprains through to life-changing injuries and, in the worst cases, death.  

How to Prove a Personal Injury Claim

Personal injury claims involve elements of negligence. The exact negligence elements you must prove will depend on the type of action you’re bringing; however, to prove a personal injury claim, you must show that:

  • Someone owed the injured party a duty of care;
  • The person acted negligently and breached their duty of care towards you;
  • As a result of the person’s negligence, the victim sustained an injury; and
  • The victim suffered some kind of loss due to their injuries.

Even if you’re partially to blame for the accident, in Texas, you can sue the other party so long as you’re not more than 50% responsible for the accident.

Personal Injury Claims: 10 Criteria for Considering Damages

If you have a personal injury claim, you’re entitled to seek compensation, known as “damages”, for losses incurred as a result of the accident. To determine how much your claim is worth, your attorney will evaluate:

  • Who is at fault for the accident (or mostly at fault);
  • The quality of the evidence available; and 
  • The type of personal injury claim you’re bringing e.g. a wrongful death claim may be worth “more” than a claim for minor tissue damage.

How much you can claim depends on the facts of your case – here are the 10 main things an attorney considers when valuing your claim.

1. Evidence

When it comes to how to prove a personal injury claim, evidence is critical. To prove your case, your evidence must show that:

  • Someone else caused (or mostly caused) the accident; and
  • Your injuries resulted from the accident.

You will also require evidence to prove the extent of your injuries and how they may affect you in the long term. For example, if you have a spinal injury, you may be left with chronic pain and neurological impairments, or if you’re a burn victim, you may bear the scars for the rest of your life. 

The type of evidence you can use to build your case can include:

  • photographs of your injuries and any property damage
  • police accident report
  • proof of lost earnings 
  • records of medical appointments
  • witness statements      

Your attorney will explain what evidence they can use to support your claim. As an example, if you’re wondering how to prove negligence in a car accident, you might find dash cam or CCTV footage helpful. And if a loved one passed away from an asbestos-related illness such as mesothelioma, evidence proving where they worked could help. 

2. Medical Expenses

You can recover damages for medical bills associated with the accident. Costs which could be considered recoverable include:

  • emergency room treatment
  • medication
  • occupational therapy
  • physical therapy
  • travel expenses

It may also be necessary to instruct expert reports by medical professionals to confirm the extent of your injuries. Such costs are recoverable at the end of a successful claim. 

3. Severity of the Injury

In some cases, an accident causes permanent disability or disfigurement. If you are left with life-changing injuries following an accident, you can claim damages for more complex medical needs. Costs you may claim back include:

  • nursing or personal care
  • occupational therapy
  • physiotherapy treatment
  • rehabilitation

Long-term costs can be hard to predict, but your attorney will attempt to quantify your claim based on the evidence available.

4. Time Lost From Work

If you’re hurt, chances are you might take some time off work to deal with your injuries. You can claim compensation for any time you miss work due to your injuries from the accident, such as if you’re attending a doctor’s appointment, having surgery, or you’re physically unable to work due to pain or disability.

Keep a record of any time lost from work – this is particularly important if you’re not paid when you miss work.  

5. Earning Capacity

Personal injury claims include damages for “lost earning capacity”. Lost earning capacity means a change in your ability to earn an income.

For example, a long-haul trucker with chronic back pain following an accident may be forced to give up trucking. Or, an aspiring surgeon may be left with nerve damage that prevents them from operating safely, so they can no longer pursue that career. 

Wrongful death claims can also include compensation for lost earning capacity – this can be significant, especially if the deceased was young at the time of the accident.  

6. Property Damage

In some cases, accident claims include repair or replacement costs if you lose property or it’s damaged after the accident. Examples of property damage which may qualify includes:

  • bicycles 
  • cars 
  • jewelry
  • laptop 
  • mobile devices

Keep a note of any property damaged due to the accident. Your attorney can advise what costs may be recoverable. 

7. Pain and Suffering

Depending on the extent of your injuries, you may be experiencing long-term physical or emotional trauma. Damages are sometimes recoverable for:

  • anxiety 
  • chronic pain
  • depression 
  • loss of self-confidence
  • panic attacks
  • PTSD

An experienced personal injury attorney can explain what may be recoverable, depending on your unique situation. 

8. Support Costs

Some injuries leave you requiring help with day-to-day living, whether it’s in the short or long-term. If you need someone else to perform daily tasks for you, or if you need help getting around and caring for yourself, you may be able to claim the costs of hiring support. 

Keep a record of any help you need with activities such as:

  • bathing 
  • cooking
  • dressing  
  • housework
  • grocery shopping
  • moving around

You should also keep receipts for any medical or support devices you now require.

9. Funeral Costs

The most serious accidents, such as high-speed collisions and explosions, can cause fatal injuries. If your loved one dies in an accident caused by another person’s negligence, it may be possible to claim back funeral expenses e.g. cremation costs. 

You can only claim funeral costs if you’re a close relative such as a parent or spouse – your attorney can explain if you’re entitled to claim.

10. Other Related Costs

No two personal injury claims are exactly the same. Depending on the circumstances, you may be able to claim for costs associated with the injury and the accident, such as:

  • expert witness testimony
  • public transport costs 
  • replacement vehicle hire

Keep receipts to prove any expenses you incur due to the accident and give them to your attorney. 

Personal Injury Claims | Alexander Law Firm

Personal injury claims can be complex, but don’t worry – there’s no need for you to handle the process alone. To make a personal injury claim and ensure you claim for all available damages, you should always have experienced legal counsel on your side. 

The Alexander Law Firm offers a free initial consultation to evaluate any personal injury claim. We don’t charge anything unless we win your case, and we will handle all the negotiations so you can move forward with your life in the meantime.

Do you think you might have a personal injury claim? Call us today!

About the Author: Greg Alexander

Greg Alexander is a graduate of South Texas College of Law and has been successfully representing the people of Greater Houston and the surrounding area for over 20 years. He is a member of the State Bar of Texas, Houston Bar Association, Texas Trial Lawyers Association and the Houston Trial Lawyers Association.