What Determines the Strength of a Personal Injury Case?

Cullen McMahon

Nov 14 2025 19:00

Most people never expect to be involved in a serious accident, let alone to navigate the aftermath of a personal injury claim. When an unexpected injury turns your life upside down, the legal process can feel overwhelming, confusing, and emotionally draining. At McMahon Dean, PLLC, we work closely with clients throughout Texas and Oklahoma to help them understand their rights, protect their interests, and pursue the compensation they deserve. Our goal is not only to handle the legal work, but also to ensure you understand each step of your case and what to expect along the way.

What Is an Injury Claim?

An injury claim is a legal process that seeks compensation for harm caused by another person’s negligence or wrongdoing. This includes motor vehicle crashes, trucking accidents, medical malpractice, dangerous property conditions, defective products, workplace incidents involving nonsubscriber employers, and more.

At its core, an injury claim attempts to answer three key questions:

1. Who is responsible? Determining fault is the foundation of any injury claim. This may involve a single negligent party or several at-fault individuals or companies.

2. What damages were caused? Damages can include medical bills, lost wages, pain and suffering, property damage, loss of earning capacity, long-term care needs, and more.

3. What is the fair value of compensation? Injury claims are meant to restore clients to the position they were in before the harm occurred—financially, physically, and emotionally, to the extent money can accomplish that.

Why Understanding the Claims Process Matters

Many clients underestimate the complexity of a personal injury claim, and not understanding the process can lead to costly mistakes. Here’s why clarity matters:

Financial impact: Medical bills accumulate quickly. Lost income, vehicle repairs, and long-term treatment can create financial strain. Understanding what compensation is available helps clients avoid settling too early or for too little.

Legal consequences: Insurance adjusters often aim to minimize payouts. Statements given early—especially without legal guidance—may be used to weaken your claim.

Personal well-being: The stress of handling a claim alone can slow recovery. Knowing what to expect provides reassurance and helps clients focus on healing while their attorney manages the legal hurdles.

The Key Components of an Injury Claim

While every case is different, several core steps and pieces of evidence consistently shape the outcome of an injury claim.

1. Documenting the Incident

The strongest case often begins on day one. Helpful evidence includes:

  • Photos of the scene—vehicle damage, road conditions, hazards, or injuries
  • Police or incident reports
  • Witness names and contact information
  • Medical records showing injuries and treatment
  • Employer records showing missed work or reduced duties

In medical malpractice cases, documentation may involve records from multiple providers, diagnostic imaging, treatment timelines, and expert medical opinions. In premises liability or negligent security matters, evidence may include surveillance footage, maintenance logs, lighting conditions, or prior incident history on the property.

2. Proving Fault

To succeed, your attorney must connect the negligence to the injury. Some examples include:

  • A distracted driver causing a rear-end collision on I-35
  • A trucking company violating safety regulations, leading to a catastrophic crash
  • A hospital failing to follow standard medical procedures, resulting in surgical error or misdiagnosis
  • A property owner neglecting to fix a hazardous condition causing a slip and fall
  • A business partner breaching a contract or interfering with company operations in commercial litigation matters

Attorneys often consult accident reconstructionists, medical experts, vocational specialists, or forensic accountants to prove the full extent of injuries and financial losses.

3. Calculating Damages

Compensation in injury claims typically includes:

  • Emergency medical treatment, surgeries, and rehabilitation
  • Prescription drugs and ongoing therapies
  • Lost wages and loss of future earning capacity
  • Pain, suffering, and loss of enjoyment of life
  • Long-term care needs and home modifications

In wrongful death cases, damages may include funeral expenses, loss of companionship, mental anguish, and lost household income.

4. Negotiating With Insurance Companies

Insurance carriers often attempt to settle quickly and cheaply. Adjusters may minimize injuries, challenge medical treatment, or dispute liability. Skilled negotiation is essential to push past low offers and reach a resolution that truly reflects the harm suffered.

5. Litigation and Trial

If fair compensation cannot be reached through negotiation, a lawsuit may be filed. Litigation involves formal discovery, depositions, expert testimony, and ultimately trial. At McMahon Dean, we are trial-ready from day one, which often strengthens our clients’ negotiating position and sets us apart from firms that primarily seek quick settlements.

Common Scenarios Clients Experience

In our work, we see a wide range of situations where clients misunderstand their rights or underestimate the complexity of their claim. Some examples include:

Vehicle Accidents

A client struck by a distracted driver may initially feel fine but later develops significant neck and back injuries. Without proper documentation and medical evaluation, insurers may argue that the symptoms are unrelated to the crash. We guide clients on obtaining timely treatment, tracking symptoms, and preserving evidence.

Medical Malpractice

Medical errors often develop slowly or are discovered long after treatment. A patient may assume complications were unavoidable or “just part of the healing process.” In reality, misdiagnosis, surgical mistakes, birth injuries, medication errors, or hospital negligence can cause serious—and preventable—harm.

Premises Liability and Negligent Security

Slip and fall victims or assault victims on poorly secured properties often blame themselves or assume nothing can be done. However, businesses and property owners have legal duties to maintain safe environments.

Workplace Injuries

Employees of nonsubscriber employers in Texas may not be protected by workers’ compensation insurance. Many do not realize that they have the right to pursue a negligence claim directly against their employer, which may allow for broader recovery of damages.

Defective Products

Hazardous consumer goods, faulty medical devices, or dangerous industrial equipment can lead to life-altering injuries. These cases often involve multiple parties—manufacturers, distributors, retailers—and require detailed technical analysis.

Issues Clients Often Face During Injury Claims

Despite their best intentions, clients may encounter several obstacles that put their claim at risk:

  • Delaying medical care because they assume injuries will resolve on their own
  • Giving statements to insurers that may be used against them later
  • Posting on social media in ways that unintentionally undermine their case
  • Accepting early settlement offers before understanding long‑term costs
  • Misunderstanding legal deadlines such as statutes of limitations
  • Failing to document symptoms or treatment consistently and thoroughly

In commercial litigation matters, business owners may also face challenges such as incomplete records, unenforceable contracts, or failure to preserve key evidence needed for partnership disputes, breach of contract claims, or commercial debt recovery.

How McMahon Dean, PLLC Helps

As a trial-focused personal injury and commercial litigation firm, we combine strategic planning with hands‑on attention to every case. We help clients navigate complexities they often never see coming, including:

  • Evaluating the claim quickly and accurately
  • Preserving and securing critical evidence
  • Coordinating with medical providers and expert witnesses
  • Calculating current and future financial damages
  • Handling all communication with insurance companies and opposing counsel
  • Filing lawsuits and preparing cases for trial when necessary

Our approach is personal, thorough, and always centered on achieving meaningful results. Clients throughout Texas and Oklahoma turn to us because they know they’re getting attorneys who will fight for them—whether at the negotiating table or in the courtroom.

Ready to Protect Your Rights? Contact Us Today

Your injuries, financial stability, and future deserve strong legal protection. If you or a loved one has been harmed due to someone else’s negligence—or if your business is facing a serious dispute—our trial-tested team is here to help.

Every case starts with a conversation. Reach out to us to learn how we can guide you through the process and advocate for the compensation or resolution you deserve.

Contact us at www.mcmahondean.com or call (214) 355-5020 to speak with our team.