How Attorneys Evaluate Injury Cases Before Filing

What Determines If a Lawyer Will Take Your Injury Case?

Not every injury leads to a lawsuit – and not every potential lawsuit gets filed. Before taking on a case, personal injury attorneys follow a structured evaluation process to decide if a claim has legal merit, financial value, and enough supporting evidence. This helps ensure time and resources are spent on cases that can succeed.

For individuals injured in Dallas or throughout Texas, understanding how lawyers make this decision is key. At Genthe Law Firm, we focus exclusively on accident and injury law, and we’re selective about the cases we accept – because preparation, facts, and strategy all matter before a single document is filed in court.

Initial Case Review and Client Interview

Every personal injury case starts with a conversation. At Genthe Law Firm, the first consultation is free and focused entirely on learning the facts of your situation. This is more than just paperwork – it’s the foundation of a potential legal relationship.

During this stage, attorneys are evaluating two things at once: the strength of your case, and whether you’re a good fit for the firm. This includes assessing your goals, your communication style, and your willingness to follow medical and legal advice.

Common questions attorneys may ask during the first consultation:

• How did the injury happen?
• Who was involved?
• When and where did it occur?
• What injuries have you suffered?
• What medical treatment have you received?
• Were there any witnesses or official reports?
• What impact has the injury had on your work or daily life?

The more detailed and consistent your answers, the more helpful it is in this phase. In Dallas, where injury cases often stem from traffic collisions, workplace incidents, or premises liability, attorneys will also want to know if police, paramedics, or any third-party insurance carriers were involved.

If the case shows legal promise and the potential client is cooperative, the firm may request further documentation to begin the formal review process.

Assessing Legal Liability

Once the basic facts are in place, attorneys focus on a critical legal question: Can we prove someone else is legally responsible for the injury? In personal injury law, this boils down to the concept of negligence – a failure to exercise reasonable care that results in harm to another person.

In Texas, establishing negligence requires four specific elements:

1. Duty of care – The other party had a legal obligation to act safely or reasonably.
2. Breach of duty – That duty was violated through action or inaction.
3. Causation – The breach directly caused your injury.
4. Damages – You suffered physical, emotional, or financial harm as a result.

Attorneys will also examine the possibility of shared fault. Under Texas’s modified comparative negligence rule, you can only recover damages if you are 50% or less at fault for the accident. If you’re more than 50% responsible, your claim is barred entirely under Texas Civil Practice & Remedies Code §33.001.

Examples of strong vs. weak liability cases

If liability is questionable or difficult to prove, an attorney may pass on the case – even if the injury is severe.

Evaluating the Severity and Impact of the Injury

Once liability is established, attorneys assess the seriousness of the injury – not just in terms of medical treatment, but also how it affects your life long-term. A strong case isn’t only about proving who was at fault; it also depends on showing how deeply the injury has altered your ability to work, care for yourself, or enjoy life as you did before.

At Genthe Law Firm, we look closely at:

• Type and extent of injuries (e.g., fractures, head trauma, back injuries)
• Emergency care and hospitalization
• Follow-up treatment and rehabilitation
• Whether injuries are permanent or disabling
• Impact on work, income, and daily living activities

Key supporting materials include:

• ER and doctor’s notes
• MRI, X-ray, and diagnostic results
• Surgery reports and therapy progress logs
• Prescription and pain management records

Why severity matters: A client who suffered a concussion and missed one week of work may still have a case – but it likely holds less settlement value than one involving surgery, long-term care, or permanent impairment.

Dallas-area injury cases – especially from car accidents or work-related incidents – often involve soft-tissue injuries or spinal issues that can worsen over time. Attorneys will consider both current and future medical needs when deciding whether to proceed.

Reviewing Available Evidence

Even when injuries are real and liability appears strong, evidence is what builds the case. Without documentation, even a legitimate claim can fall apart. That’s why attorneys thoroughly evaluate what proof exists – and what still needs to be gathered – before moving forward.

At Genthe Law Firm, we start by reviewing all available records and identifying gaps. If something is missing, we help clients track it down quickly to preserve the case’s integrity.

Evidence attorneys look for includes:

• Medical records and treatment summaries
• Photos of injuries, accident scenes, or property damage
• Witness statements or contact info
• Police or incident reports
• Insurance claim files and correspondence
• Video footage (dashcam, surveillance, etc.)
• Proof of lost wages or out-of-pocket costs

Timing is critical. In many Dallas-area injury cases, evidence disappears fast – businesses erase surveillance footage, vehicles are repaired, and memories fade. The earlier an attorney gets involved, the better the chances of securing solid proof.

Tips for preserving evidence

• Take photos immediately after the accident (from multiple angles)
• Save all medical bills and visit summaries
• Keep a daily journal of your pain, treatment, and challenges
• Avoid posting about your injury on social media

Without credible evidence, even a high-dollar claim may get undervalued or denied by insurers – or thrown out in court.

Determining Damages and Case Value

Once liability is clear and evidence is strong, attorneys evaluate the potential value of the case. This is where strategy meets economics. Not every viable injury claim is worth filing – especially if the damages are too small to justify the time, cost, or risk of litigation.

At Genthe Law Firm, we assess both the economic and non-economic impact of your injury. This helps us estimate what a fair settlement or jury verdict could look like.

Types of damages considered

• Economic Damages
  • Medical bills (past and future)
  • Prescription and therapy costs
  • Lost wages or reduced earning capacity
  • Property damage (e.g., vehicle repairs)
  • Transportation to medical visits
• Non-Economic Damages
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or permanent disability

Sample valuation breakdown

Attorneys may also factor in the defendant’s insurance coverage limits, your expected recovery time, and your long-term prognosis. For clients in Dallas, we look at how local juries and insurers have handled similar cases – and whether the value justifies taking the case to court or settling out of it.

Legal and Practical Considerations

Even if a personal injury case checks every legal box, attorneys must consider whether it makes practical sense to file. Some cases are strong on paper but may face issues that make them too risky, too costly, or too limited in recovery.

At Genthe Law Firm, we look at both the legal framework and real-world factors that could influence case outcome – especially for clients in Dallas and North Texas.

Key considerations include

• Statute of limitations
  Texas generally allows two years from the date of injury to file a personal injury lawsuit. Waiting too long can make even a strong case legally invalid.
• Jurisdiction and venue
  Whether the case belongs in a Dallas County civil court, federal court, or elsewhere can affect strategy and outcomes.
• Collectability
  If the at-fault party has no assets or insurance coverage, winning a judgment might not result in actual payment. Attorneys assess whether the responsible party has the means to pay a settlement or verdict.
• Client expectations
  Some clients expect large payouts for minor injuries or want to pursue a case regardless of risk. If expectations are unreasonable, or if the client is unwilling to follow medical advice, attorneys may decline to proceed.

Common red flags that may halt a case

• The accident happened more than two years ago
• The injured person has no medical treatment or large gaps in care
• Liability is disputed and no clear evidence exists
• The defendant is uninsured and judgment-proof
• The client is uncooperative or unwilling to settle

Attorneys must weigh legal strength and logistical feasibility before agreeing to take a case into active litigation.

FAQs About Injury Case Evaluation in Texas and Dallas

If I was injured in a Dallas car accident, how soon should I contact a lawyer?
As soon as possible. Early legal help allows your attorney to preserve key evidence, request traffic footage, and coordinate with local law enforcement. In Dallas, major intersections and highways (like I-35E or LBJ Freeway) often have surveillance that may be overwritten quickly.

Can I still bring a case if I was partly at fault in Texas?
Yes – Texas follows a modified comparative fault rule. You can still recover damages as long as you’re 50% or less at fault. However, your compensation will be reduced based on your share of the blame.

Do Dallas courts favor settlements or trials in injury cases?
Most cases settle out of court, but Dallas County courts are familiar with personal injury litigation. If your case involves complex liability or high-value damages, it may be strategically beneficial to go to trial depending on jury trends and venue.

What if the person who hurt me doesn’t have insurance?
Uninsured motorist coverage (UM/UIM) may apply if you were in a vehicle crash. Otherwise, your attorney will assess if the at-fault party has assets or if third parties (like employers or contractors) may share liability.

Are there caps on injury damages in Texas?
In most personal injury cases, there are no damage caps. The exception is medical malpractice, where non-economic damages are capped at $250,000 per provider, up to $750,000 total.

What’s the difference between filing in Dallas County vs another Texas county?
Venue affects jury pools, judge familiarity with injury cases, and court scheduling. Filing in the right venue – where the incident occurred or where the defendant resides – can impact case value and timing.

Speak with a Dallas Personal Injury Attorney Today

Wondering if your injury case is strong enough to file? The team at Genthe Law Firm offers honest, thorough evaluations – at no cost. Based in Dallas and focused solely on personal injury law, we know what makes a case viable and how to maximize its value.

Call us at (214) 957-0898 to schedule your free consultation and find out where you stand.