A good personal injury lawsuit requires several factors. Some important ones include (1) liability, (2) damages, and (3) collectibility. If any one requirement is missing or vague, the case may not justify the investment of the financial and emotional resources necessary to file a lawsuit.

1) The liability issue determines whether an action, recognized by the law as wrong, was related to or the reason for the injury sustained. One example is an auto accident caused by a person running a red light. Manufacturing or selling a defective piece of merchandise that injures someone is another example. Establishing liability can be the most complicated part of a personal injury lawsuit. Even though liability may appear obvious to the average person, it must meet the legal definitions of what is considered by the court to be legally wrong. This can be further complicated if government entities such as the State, the County, the City, or school districts are involved. Special considerations and rules may apply in these cases.

2) The second requirement of damages, establishes the value of the injury sustained. The law defines what damages can be claimed by the injured party. Some damages recognized in Texas for personal injury cases include:

• Medical expenses
• Lost wages or loss of earning capacity
• Physical pain
• Mental anguish
• Disfigurement
• Physical Impairment
• Loss of consortium
• Loss of household services
• Wrongful death damages
• Punitive damages
• Pre-judgement & post-judgement interest
• Attorney's fees
• Court costs

The damages included in a case will depend on the facts of the case. They may include past damages (up to the time of trial or settlement) and future damages (damages you are likely to incur after the trial or settlement). For any kind of damage the court requires evidentiary proof.

3) Collectibility, is the probability of being successful in the collection of any damages awarded by the court. When an insurance company pays for the negligence of its insured, damages are usually paid up to the lesser of the settlement or verdict or the policy limits. If there is no or little insurance, the injured party may not be successful in collecting damages even at the conclusion of a successful jury trial. In the event of a successful verdict, the court may provide you with a judgment that documents who owes you money and how much. If, however, the person responsible for the injury has no money to pay your damages, your efforts may result in a fight to receive money that does not exist.

Time is important. If you wait too long to start legal action, critical evidence may be lost or destroyed. Also, there are time limits to file a lawsuit. If you wait too long, the court may throw your case out for lack of timeliness regardless of the merits of the case. This time limit, called the statue of limitations, can be very complicated depending on the specific considerations of the case and the people or entities involved. Most personal injury torts require lawsuit to be filed and service requested within two years of the date of loss. If government entities are involved, special rules may apply. It is always best to discuss your case with counsel to insure all time limits are met.