There are three requirements in every personal injury claim.

1. Liability

To prevail on your personal injury claim, you must show that the defendant - the person you're suing - is liable for the claim. That means you must show that the other person did something wrong that caused your harm. Most personal injury cases are based on a negligence claim --- that the defendant either did some act that a person of ordinary prudence would not have done in the same situation or that the defendant failed to take an action that a person of ordinary prudence would have taken.

2. Damages

You must prove that you sustained damages that would justify the time and resources needed to pursue your claim. In Texas, the typical damages that we are looking at are costs of medical care, lost earnings, pain, mental anguish, physical impairment, and disfigurement.

3. Someone who can pay for your recovery

A judgment is not worth much unless there is someone who can pay it because Texas has some of the most debtor-friendly collection laws in the country. Thus, if we're going to pursue a claim, we are usually looking for an insurance company for the other side that will cover the claim or a corporate defendant that has assets that can be used to pay the claim. There is a major exception to this in vehicle crashes where uninsured/underinsured motorist insurance can pay for claims where the driver who causes the wreck doesn't have insurance or doesn't have enough insurance.