Rolando Cantu Attorney - Footer Logo
Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

Contact Info

515 Pecan Blvd. McAllen,

Texas, United States 78501
Tel.  +1 956-267-9898 

Are my injuries serious enough to file a claim for compensation?

Jan 13, 2022

Are my injuries serious enough to file a claim for compensation?

Injuries can disrupt your life and be difficult to recover from. If you’ve been injured or you know an injured person and sustained a personal injury, you might be tempted to find out whether or not you can file a claim for compensation. If you choose to seek legal advice, the first question that will probably be asked is if your injuries are severe enough to file a claim. The question seems straightforward, but it isn’t. There’s a lot that goes into determining whether or not your injuries qualify.  If you have been injured due to the negligence of another, insurance companies may deny a claim for compensation if they believe that the injury is not serious enough. In this blog post, we will tell you what insurance companies look for when deciding whether or not to grant a personal injury lawsuit and how their decision could affect your recovery process.

ï»ż


Understand what you need to prove in your personal injury claim.

An insurance company will want to know if your injuries were caused by the negligence of another. In order for you to file a lawsuit or personal injury lawsuit, you need to be able to prove that the defendant was negligent and that their negligence caused your injuries. This can be difficult, as insurance companies will be looking for evidence that the defendant knew they were behaving negligently and chose to continue with their behavior.


When you have been injured in an accident that wasn't your fault, it's natural to wonder if you're entitled to file a personal injury claim. Your health, time, and money are on the line, so it pays to get an answer to the question of whether or not you have a case.


To see if you can make a claim, there are two main things that you need to prove:


  1. That someone else was at fault for your injuries
  2. That your injuries were serious enough to warrant compensation


In order to win compensation, you have to prove that your injuries are serious enough to warrant medical treatment. Here's what the law has to say about that:


  • Pain and suffering damages. There's no set amount of pain and suffering a victim must sustain in order to win compensation for their injuries. Courts will assess this based on the person's age, level of health at the time of the injury, the severity of the injuries, and how long they lasted.


  • Treatment bills. Medical treatment costs may be included in an injury claim as part of the pain and suffering element of a claim. However, it's up to you to show that the treatment was in connection with your accident-related injuries and not something you would have received anyway. This means that if you see your family doctor for an annual checkup, you can't include those medical expenses in your claim for financial compensation for your accident-related injuries.


  • Lost income. You may be able to include any lost income you suffered as a result of your injury in your claim for compensation. For example, if you were out of work because you were injured in a car accident and it meant you couldn't work any overtime or night shifts while recovering from your injuries, that lost income could be considered part of the cost of treating your injuries.


There's no set amount of compensation for personal injury cases, and insurance companies will assess your claim based on their own standards. The insurance company is going to want to know if your injuries are serious enough to warrant medical treatment and, as insurance companies will be looking for evidence that the defendant knew they were behaving negligently and chose to continue with their behavior, it's important that you seek legal advice if insurance companies deny your claim. You may also want assistance from insurance companies if insurance adjusters try to pressure you into accepting an unfair settlement.


An insurance company will want to know if your injuries were caused by the negligence of another. In order for you to file a personal injury lawsuit, you need to be able to prove that the defendant was negligent and that their negligence caused your injuries. This can be difficult, as insurance companies will be looking for evidence that the defendant knew they were behaving negligently and chose to continue with their behavior.

ï»ż

If you were injured due to the fault of another party, it is important to understand what you need to prove in order for your claim to hold up in a court of law. The personal injury claims process has tricky things, and it can be hard to suss out when your injuries mean that you should file a claim. You’ll want to speak with a personal injury attorney who can help you sort this out, but here are a few of the key factors you’ll have to prove in your personal injury settlement case:


  • Injury. The injury must be serious enough to interfere with your day-to-day life. Was it a broken bone, or was it a torn ligament? The more severe the injury, the more likely you'll be able to file a successful claim.


  • Description of the accident. You need to describe exactly what happened in order to show that it was not your fault. For instance, if someone cut you off and caused an accident where you were hit by a car, you will want to provide as much detail as possible about how it happened, where the other driver was coming from, and so on.


  • Proximate cause. You also need to show that the other party's negligence caused your injuries. If they ran a red light while speeding and hit you, then they are clearly at fault for causing your injuries. However, if they were speeding but stopped at the red light, then there is some question as to whether their negligence directly caused your injuries.


As you can see, just because you have been injured in an accident does not mean you are going to be compensated. In fact, many people who seek compensation find that they do not even get past the first step in their claim before the insurance company denies their request. It is rare for someone to actually receive compensation from a personal injury lawyer, so bear this in mind when making your decision. You should understand what you need to prove in order to win a potential case as well as the probability of success before filing a claim for compensation.

File your claim to your insurance company in a timely manner.

Getting into an accident is never a fun experience, but there are certain things that you can do to make the process easier on yourself. One of these is to file your personal injury case with your insurance company in a timely manner. As soon as you’ve been injured in an accident, and the injury is caused by someone else, you should contact your insurer. Injuries can take months to settle down and the recovery process could really stress you out. In such a scenario, filing a claim for compensation with the concerned insurance company can be difficult.


In order to receive insurance benefits, you must file a claim with the insurance company as soon as possible after the accident. You have two years from the date of the accident to file a claim, so don't wait!


Actually, there are a lot of things that are important to do after an accident. The sooner you do them, the more money you can get from your claim. It does not matter if the other party is liable for the damages or not. Even if the incident has been caused by your own negligence, you still need to be protected by insurance. This way you can reduce any financial loss that comes with driving around uninsured. You must approach the task with great care to ensure the best possible outcome for you.


Trying to get money out of your insurance company after a car accident can seem like a daunting task, and while it's true that they usually aren't very quick to pay, it's important to remember that they're not against paying you either. The fact of the matter is that it's in their best interest to pay out as much money as possible and get you back on the road as soon as possible because that gives them one less accident to deal with.


When you call your insurance company after being in an accident, expect them to immediately ask for an estimate of the damages. If you don't have one already prepared, the insurance company will tell you to go get one from a doctor or car shop, and they probably won't give you any money until it's been paid for.


Also, here are some tips on what to do after an accident.


  • Don't just sit there and wonder if insurance is going to cover all your damages, take control of the situation and find out for yourself. You should never have to worry about money if you're not at fault for an accident, so make sure you're taking the right steps to ensure you get what's rightfully yours.


  • If you have been injured in an accident, it is important to understand your insurance options. You should know how insurance works, what companies are available to you, and which ones will work best for your needs. It is also important to know what insurance companies are looking for in order to approve your claim, and how much insurance coverage you need.


  • There is no denying that insurance companies make mistakes. It is important to be aware of these errors because it helps you know what steps you need to take in order to correct the mistake and receive insurance coverage. This way, you can get what you need without any problems or setbacks in your claim.


  • If you have any witnesses or photos from the scene of the accident, gather them up and bring them with you when you go down to.


  • Don't sign any insurance settlement offers until you consult with your personal injury lawyer.


  • If insurance adjusters try to pressure you into accepting an insurance claim, don't give in. Instead of accepting insurance offers without consulting an insurance lawyer, you should ask for a chance to take the offer to your insurance lawyer first.


  • Don't tell insurance adjusters more than they need to know about your accident or injuries, and don't sign any insurance releases until you have read them over carefully. Remember, insurance adjusters are not on your side; they are trying to save the insurance company money.


Injuries can happen to anyone, anytime. Whether you have been in a car accident, slipped and fell, or got hurt while on the job, they are all events that deserve compensation. When you are in an accident, insurance is one of the first things on your mind. Trying to settle your claim with the insurance company can be frustrating and time-consuming.


Your injuries may not seem like a big deal now, but down the road, you could be facing medical bills that you cannot afford to pay. It is important to discuss your case with an attorney who understands how to handle these cases. You may be wondering if your injuries are serious enough to file a claim. If insurance companies are refusing to pay for your damages, or if you cannot afford an insurance deductible, you may think about getting a personal injury lawyer. 


Don't wait for weeks or months for the insurance company to get back to you about your claim. Take action by contacting The Law Office of Rolando Cantú today. The initial consultation is free, so what do you have to lose?

Understand the pitfalls and how to avoid them

Making a claim is an easy legal process. However, there are many pitfalls that can result in your claim being rejected and you may have to start the process all over again.


The most common reasons why claims are rejected include:


  • Injuries are not serious enough to qualify for compensation: In order to receive compensation, your injuries must be considered so serious that they prevent you from working or making a living for at least two weeks after the incident.


  • Claimant was partly at fault for accident: You may not be awarded compensation if your own actions contributed to the injuries suffered. For example, if you were drunk when you were involved in an accident, it is unlikely that your claim will be successful unless you can prove that the other person was also drunk and was solely responsible for the incident. The majority of claimants are partly to blame for their own accidents and this is why it is very difficult to make successful personal injury claims.


  • You might also be denied compensation if you were injured at work and seek financial support from your employer's liability insurance instead of making a claim against another individual or company. For example, if you slipped and fell on some oil while at work, this could put the responsibility of paying any compensation to the employer who was responsible for maintaining a safe working environment in.

What should I do if my claim compensation is denied?

If your claim for compensation is denied, there are certain steps you should take in order to appeal the decision and get the matter resolved in your favor. Always consult with an experienced personal injury attorney or law firm when appealing an insurance company's decision on a claim for compensation related to an injury. An experienced attorney will guide you through each step of the process and help ensure that you receive all of the benefits owed to you by law.


The insurance company is not on your side and will do everything possible to deny or reduce your claim. As we mentioned in our previous blog: What you should know about a settlement offer before accepting it, It's possible that the settlement offer will be far lower than what you believe you are owed, or it may include provisions that are unfavorable to you. This is mostly because insurance companies are more interested in making a profit than they are in helping accident victims receive the compensation for lost wages they deserve.


Don't try to negotiate with the insurance company on your own. Hire an experienced personal injury lawyer to represent you and make sure that the insurance company pays what you are owed.


Here are some things you must consider if your insurance claim for compensation is denied.


  • If your insurance company denies your claim, you will have to prove that the insurance company’s decision was unreasonable.


  • If your insurance company denies your claim, it will be up to you to prove that their decision was unreasonable. If you are able to do this, insurance companies will be required by law to pay your claim.  This is a very difficult process and it is highly recommended that you hire an experienced personal injury lawyer to help you.


  • Insurance companies are not on your side and will do everything possible to deny or reduce your claim.

ï»ż

  • If your insurance company denies your claim, don't try to negotiate with them on your own.


  • The insurance company’s decision could be considered unreasonable if it fails to take into account all of the evidence you provide. This includes information about your injuries, the insurance company’s insurance policy, and the defendant’s insurance policy.


  • If your insurance company denies your claim, it will be up to you to prove that their decision was unreasonable.


If you have been injured in an accident, don't wait to file a claim. The sooner you take legal action, the better your chances of recovering the full amount of compensation you are owed. Contact The Law Office of Rolando Cantú today for a free consultation and let us help you get the money you need to cover your medical

What you need in addition to medical records and bills to prove the extent of your injuries.

The insurance company’s decision could be considered unreasonable if it fails to take into account all of the evidence you provide. If you have suffered an injury due to someone else's negligence, you may be entitled to compensation for your medical expenses, lost wages, and other damages. If a doctor or other medical professional has diagnosed you with a physical injury that resulted from a slip-and-fall or car accident, then you may be able to file a claim for money damages.


As we mentioned, trying to determine the extent of your injuries can be difficult, though. In order to file a claim for compensation, you need proof that your injuries were serious enough to warrant money and not just a trip to the emergency room.


The following are some tips to help you find the proof you need when it comes to proving the extent of your injuries:


  • Get medical records. You need them so your doctor can determine whether or not your injuries are permanent and what kind of treatment you will need moving forward. Without those records, it will be difficult for anyone else to determine that as well.


  • Gather bills. You need these bills in order to prove the extent of your damages -- for example, how much has been spent on prescriptions and other medical expenses.


  • Collect witness statements. If someone saw your injury occur, ask them for a statement about what happened and how badly injured you were at that time. Those statements could help prove that your injuries required immediate attention and will continue to be a big problem moving forward.


  • Get an estimate from a doctor or specialist at the time of your injury or shortly after it occurs. This estimate can help establish that you will require future treatment and that the insurance company should cover those costs.


  • Take pictures of your injury. This visual evidence of physical injuries can be powerful in court and could help make the insurance company see that you are not trying to scam them and you have a serious injury.


  • Keep a diary of your recovery. This will document how your injury has impacted your life and could be used as evidence in court.


  • If you have been injured in an accident, don't wait to file a claim. The sooner you take legal action, the better your chances of recovering the full amount of compensation you are owed. Contact The Law Office of Rolando Cantú today for a free consultation and let us help you get the money you need to cover your medical expenses.

Get Qualified Help for your personal injury lawsuit

If you've got an injury that stops you from living your life to the fullest, it's time for compensation and files a Texas injury claim. Most injury claims remain open for two years and if you are not happy with the insurance company's offer during negotiations, you have the right to file a lawsuit.


If you have been in a car accident, work accident, or suffered personal injuries due to negligence and you are seeking compensation for this, the settlement offer is often your first step in the legal case. Before accepting it, you should understand what exactly is going on and what kind of offer you are receiving. You should also decide whether or not this is something that you would like to pursue moving forward. Before accepting it, you should do your research on the case and prepare yourself.


At the Law Office of Rolando D. Cantu, we understand the Texas law and justice system and we will provide you with formal legal advice for your case and an excellent attorney-client relationship. Attorney Rolando Cantu will help you to legally pursue compensation, review the initial settlement offers, check if it is fair compensation, and tell you exactly what your settlement negotiations should be. He will aggressively fight your case in front of judges and juries for your future and freedom. 


Contact Us and request your free case evaluation today!

Can You Get Probation for Manslaughter in Texas?
03 May, 2024
Can You Get Probation for Manslaughter in Texas? Delve into legal insights and understand your rights with our comprehensive guide on navigating manslaughter penalties in Texas.
Should I Pay a Civil Demand Letter for Shoplifting?
25 Apr, 2024
Unsure about whether to pay a civil demand letter after being charged with shoplifting? Our blog post provides helpful tips and legal advice on handling this situation. Don't make any decisions without consulting a professional first!
Possession with Intent to Distribute: First Offense
20 Apr, 2024
Learn about the legal definition of possession with intent to distribute, its implications on public safety, and the necessary steps for a successful defense in a first-offense case.
What Does a Criminal Defense Lawyer Do?
06 Apr, 2024
What Does a Criminal Defense Lawyer Do?
Types of Sex Crimes
06 Apr, 2024
Learn about the various forms and types of sex crimes, their impact on victims, and why it's important to be informed about them in today's society.
29 Mar, 2024
Find out what can happen if you fail a court-ordered drug test while out on bond, including the potential consequences and impact on your legal situation. Learn how to navigate this complex process and ensure compliance with court orders to avoid further complications.
Intoxication Manslaughter Sentence in Texas
29 Mar, 2024
Learn about the grave consequences of being charged with intoxication manslaughter in Texas and how understanding the state's laws can help navigate this complex legal process.
How Often Are Felony Charges Dropped?
08 Mar, 2024
Learn about the reality of felony charges and how often they are dropped in the legal system. Find out what factors can affect the outcome and what this means for your future.
Aggravated Assault with a Deadly Weapon - Texas
08 Mar, 2024
Learn about the serious crime of aggravated assault with a deadly weapon in Texas and how it differs from simple assault. Find out the definition, penalties, and distinctions to protect yourself legally.
01 Mar, 2024
Learn about the legal definition of a deadly weapon and how it applies beyond just guns and knives. Understand the serious consequences of using any object with intent to cause death or harm in Texas.
More Posts
Share by: