In Texas three basic things have to occur to have a successful claim.
First, the cause of your injury has to be due to the negligence of someone else. As long as you are 50% or less responsible for the negligence, then you can clear this hurdle. However, whatever percentage of negligence in the event that is assigned to you will reduce your claim by that percentage.
Second, there must be insurance or a financially responsible person or entity that will cover your claim. We generally think of insurance companies which insure individuals and businesses for their negligence. Some big businesses are "self insured" and do not carry insurance. If your injury resulted from an automobile accident, and the other person did not have liability insurance, you may still be successful making a claim against your uninsured motorist coverage on your policy.
Third, you have to be injured seriously enough to need medical treatment. The most important issue is not how much money I will receive; it is will I recover completely. Therefore, it is vital that you seek medical attention as soon as possible after the accident. If you do not have health insurance, we can probably find a doctor that will treat you. If you wait around a month before you go see a doctor, it may be too late to make a successful case for you.
|