Do I Have a Good Case? Texas InjuryLawyer Explains the 3 Key Factors

The Most Important Question After an Accident: “Do I Have a Good Case?”

If you’ve been injured in a car accident in Houston, Austin, Beaumont, or anywhere in Texas, one question dominates your mind: “Do I have a good case?” As Attorney Ralph Manginello explains in his Attorney 911 podcast, everyone who comes to a lawyer believes their case is special, important, and winnable. They’re convinced they’re right, the other party is wrong, and they have all the proof. They just need a lawyer to get them to the finish line. But what separates a truly “good” personal injury case from one that will struggle to recover meaningful compensation? After 25+ years handling catastrophic injury and wrongful death cases across Texas, Ralph Manginello and our team at Attorney911—your Legal Emergency Lawyers™—have identified the three non-negotiable pillars that define a strong case: clear liability, available insurance coverage, and documented injuries. In this comprehensive guide, we’ll expand on Ralph’s insights from the podcast, providing the deep legal knowledge and real-world experience you need to understand your case’s true potential and take immediate action to protect your rights. Call our legal emergency line now at 1-888-ATTY-911 for a free, no-obligation case evaluation.

Pillar 1: Clear Liability – Proving Who Was At Fault Under Texas Law

As Ralph Manginello states, the first thing an experienced attorney looks for is clear evidence of liability. “The person that caused the collision, are they clearly at fault? Well, there’s not going to be any argument to that,” he explains. The example he gives is classic: a client is stopped at a red light for several seconds when the driver behind them, distracted by their phone or failing to control their speed, slams into them from behind. This is a rear-end collision where liability is typically clear-cut under Texas Transportation Code § 545.062, which requires drivers to maintain a safe following distance. However, “clear liability” in the complex Texas legal system involves much more than just knowing who hit whom.

How Texas Law Defines Fault and Negligence

In Texas, personal injury cases are based on the legal theory of negligence. To establish liability, we must prove four elements: 1) the defendant owed you a duty of care (all drivers owe others a duty to operate their vehicles safely), 2) the defendant breached that duty (by speeding, running a red light, texting, etc.), 3) the breach caused the accident, and 4) the accident caused your damages (injuries, medical bills, lost wages). Texas follows a modified comparative fault rule (Texas Civil Practice & Remedies Code § 33.001). This means if you are found to be 50% or less at fault for the accident, you can still recover damages, but your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you are barred from recovery. This is why insurance companies immediately look for ways to assign you partial blame—it reduces or eliminates their payout.

Evidence That Establishes Clear Liability

At Attorney911, we move swiftly to gather and preserve evidence that locks in liability before it disappears. This evidence includes:

• Police Accident Reports: While not conclusive in court, a Texas Peace Officer’s Crash Report (CR-3) creates a powerful official record of the incident, including the officer’s opinion on fault, witness statements, and any citations issued.
• Eyewitness Testimony: Independent witnesses who saw the accident are invaluable. Memories fade, and people move away. We locate and interview witnesses immediately.
• Traffic and Surveillance Camera Footage: In Houston, Austin, and other Texas cities, traffic cameras, business security cameras, and even doorbell cameras can capture the moment of impact. This footage is often automatically deleted after 7 to 30 days. We send spoliation letters to preserve this critical evidence the moment you hire us.
• Electronic Data from Vehicles: Modern cars have event data recorders (EDRs or “black boxes”) that record speed, brake application, steering input, and seatbelt use in the seconds before a crash. We secure this data through legal process.
• Cell Phone Records: If distracted driving is suspected, we subpoena phone records to prove the other driver was texting or on a call at the time of the crash, a violation of Texas Transportation Code § 545.425.

Our firm’s experience in complex litigation, including the BP Texas City explosion litigation, has taught us how to investigate against powerful defendants and their insurance companies. We don’t just accept the surface facts; we dig for the evidence that makes liability undeniable. If you were recently in an accident, time is your enemy. Evidence vanishes daily. Call 1-888-ATTY-911 today so we can start the investigation to secure clear liability for your case.

Pillar 2: Available Insurance Coverage – The “Pockets to Go After”

Ralph’s second point is brutally practical: “Does the person that caused the collision have insurance?” He describes the devastating scenario: “We’ve got clear liability… let’s get this client signed up and help them. And then you find out that the defendant had no insurance. And so that means you’re not going to be able to make a recovery for your client. It’s no longer a good case. It’s a bad case.” In Texas, despite mandatory insurance laws, approximately 20% of drivers are uninsured. Even those with insurance often carry only the state minimum limits of $30,000 per person/$60,000 per accident, which is catastrophically inadequate for serious injuries. This is where our firm’s insider knowledge becomes your greatest advantage.

Lupe Peña’s Insurance Defense Experience: Knowing How to Find Coverage

Our firm includes a former insurance defense attorney, Lupe Peña, who spent years working for a national defense firm. He learned firsthand how insurance companies value claims, set reserves, and—critically—where they hide available coverage. Lupe’s insider knowledge is now your weapon. We don’t just look at the at-fault driver’s policy. We conduct a comprehensive coverage investigation that may include:

• Underinsured/Uninsured Motorist (UM/UIM) Coverage: This is coverage under YOUR own auto policy that protects you if the at-fault driver has no insurance or not enough. Texas insurance companies are required to offer this coverage, but many drivers waive it to save a few dollars. We review your policy and all available policies in your household.
• Commercial Policies: If the at-fault driver was working (delivery driver, salesperson, etc.), their employer’s commercial auto policy may provide coverage under the legal doctrine of respondeat superior.
• Umbrella/Excess Policies: Wealthy individuals and businesses often have umbrella policies that provide millions in additional coverage above their primary auto limits.
• Other Potentially Liable Parties: Was the accident caused by a poorly designed road? A malfunctioning traffic light? A vehicle defect? We explore all avenues to find additional defendants with insurance, such as government entities (with strict notice requirements) or manufacturers.

As Lupe knows from his defense work, insurance companies use software like Colossus to assign a value to your claim based on your injuries and treatment. They start with a low number and only increase if forced. Having a former defense attorney on your side means we know the exact levers to pull to maximize the available coverage and fight for every dollar you deserve. Don’t assume you’re out of luck if the other driver has minimal insurance. Call 1-888-ATTY-911 and let us put Lupe’s insider knowledge to work finding all possible sources of compensation for you.

Pillar 3: Documented, Diagnosable Injuries – The Foundation of Your Damages

“The last thing that makes a good case are diagnosable injuries,” Ralph explains. You can have clear liability and ample insurance, but “if the client doesn’t go to the doctor and document that they have… a sprained back or a bruise… or headaches or whatever they’re ailing for… then there’s not going to be any documentation of that. Just their word alone is not going to be really enough to make a recovery.” In the eyes of an insurance adjuster or a Texas jury, if it’s not documented in medical records, it didn’t happen. This pillar is where many victims unknowingly sabotage their own cases.

The Critical Importance of Immediate and Consistent Medical Treatment

After an accident, adrenaline can mask pain. You might feel “okay” and decide to tough it out. This is a catastrophic mistake. Many serious injuries, like traumatic brain injuries (TBI), soft tissue damage, and spinal disc herniations, have delayed symptoms. By the time you feel the full effects days or weeks later, the insurance company will argue your injuries must have come from somewhere else because you didn’t seek immediate care. Here’s what you must do:

1. Seek Medical Attention Immediately: Go to the ER, an urgent care, or your primary doctor right away. Tell them exactly how you feel, even minor aches. This creates the initial link between the accident and your injuries.
2. Follow Through with All Recommended Treatment: If a doctor refers you to a specialist, physical therapist, or for an MRI, GO. Gaps in treatment are used by insurance companies to argue you must have healed or that your injuries aren’t serious.
3. Be Honest and Thorough with Your Doctors: Your medical records are legal documents. Don’t downplay your pain. Describe all your symptoms—physical, cognitive, and emotional.

At Attorney911, we understand the medical-legal connection. We work with a network of trusted medical providers in Houston, Austin, and Beaumont who understand the legal process and can provide thorough documentation. If you can’t afford treatment upfront, we can help you find doctors who will treat on a medical lien, meaning they get paid from your settlement, so you get care now.

How Documented Injuries Translate to Compensation

Your medical records are the blueprint for calculating your damages. They prove the existence, severity, and cause of your injuries, which supports claims for:

• Medical Expenses (Past and Future): All bills from ambulance, ER, hospital stays, surgery, medication, therapy, and future estimated care.
• Lost Wages and Loss of Earning Capacity: If your injuries prevent you from working or advancing in your career.
• Physical Pain and Suffering: The daily discomfort and limitations caused by your injuries.
• Mental Anguish: Anxiety, depression, PTSD, and loss of enjoyment of life.
• Physical Impairment: The permanent impact on your body’s function.

We have seen how powerful proper documentation is. In one case, our client suffered a leg injury in a car accident. Staff infections during treatment led to a partial amputation. Because every step of this horrific journey—from the initial crash to the infection to the amputation—was meticulously documented by medical professionals, we were able to secure a multi-million dollar settlement. Your medical journey is the story of your damages. Let us help you document it correctly from day one. Call 1-888-ATTY-911 and speak with our team today.

When One Pillar is Weak: How Attorney911 Fights for Your Case

Not every case starts with perfect clarity on all three pillars. Sometimes liability is contested (“he said, she said”). Sometimes the at-fault driver has minimal insurance. Sometimes injuries are initially vague. This is where the experience and creativity of a proven law firm like Attorney911 makes the difference between a lost cause and a life-changing recovery.

Overcoming Liability Disputes

If the police report is unclear or blames you, we don’t give up. We hire accident reconstruction experts, download vehicle EDR data, and re-interview witnesses. In a recent DWI dismissal case, the police claimed our client was drunk after a rollover accident. Our investigation revealed they conducted no breath or blood test, EMS didn’t note intoxication, and key hospital nurse notes were missing. We got the case dismissed. That same tenacious investigation applies to car accident liability. We fight the initial narrative.

Maximizing Recovery When Insurance is Limited

When the at-fault driver’s insurance is insufficient, we aggressively pursue your own UM/UIM coverage. Texas law requires your insurance company to act in good faith when you make a UM/UIM claim. If they unreasonably deny or undervalue your claim, we can sue them for bad faith under the Texas Insurance Code. With Lupe’s experience on the defense side, we know exactly what constitutes bad faith and how to prove it.

Building a Medical Case When Documentation is Thin

If you delayed treatment, we work with your doctors to create clear “cause and effect” narratives in your records. We may use medical experts to explain why your delayed symptoms are consistent with the trauma of the accident. The key is to start now. As client Greg Garcia told us: “In the beginning I had another attorney but he dropped my case although Manginello law firm were able to help me out.” We take on the tough cases others abandon.

Why Thousands of Texans Trust Attorney911 With Their Most Important Case

When your health, finances, and future are on the line, you need more than just a lawyer who understands the three pillars. You need a firm with a proven track record of results, a deep understanding of Texas courts, and a genuine commitment to your well-being. Here is why Attorney911 stands apart.

25+ Years of Experience and Multi-Million Dollar Results

Managing Attorney Ralph Manginello has been practicing law since 1998. He is admitted to the U.S. District Court for the Southern District of Texas, giving him the federal court experience necessary for complex cases. His career includes involvement in the massive BP Texas City explosion litigation, proving our firm’s capability to take on the largest corporations and insurance carriers. Our results speak for themselves:

• “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
• “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.“
• “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.“

We are currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity, demonstrating our willingness to fight fiercely for our clients against powerful institutions.

Client-Centered Communication You Can Trust

We know the fear and uncertainty you feel. That’s why we prioritize communication. As client Brian Butchee said, “Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” Client Dame Haskett added, “Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” With 251+ Google reviews and a 4.9-star rating, our clients consistently praise our attentive, family-like approach. Hablamos Español—all consultations are available in Spanish with Lupe Peña or our bilingual staff member Zulema.

The “Legal Emergency Lawyers™” Difference: We Are Built for Urgent Action

Our name isn’t a marketing gimmick. We structured our firm to respond to your legal emergency with the urgency it demands. When you call 1-888-ATTY-911, you’re reaching a team ready to spring into action: sending evidence preservation letters, securing witness statements, and advising you on your immediate next steps. We work on a contingency fee basis—you pay nothing unless we win your case. Our standard fee is 33.33% if we settle before trial, and 40% if we have to take your case to trial. We advance all case costs. This aligns our success completely with yours.

Your Immediate Next Steps: Protecting Your “Good Case” Right Now

Based on Ralph Manginello’s three pillars, here is your action plan to preserve and strengthen your potential case:

1. Seek Medical Attention: Your health is the priority. See a doctor immediately and follow all treatment plans.
2. Document Everything: Take photos of the accident scene, your vehicle damage, your visible injuries, and the other driver’s insurance information. Start a journal about your pain, limitations, and how the injury affects your daily life.
3. Do NOT Talk to the Other Insurance Company: The friendly adjuster who calls you is not your friend. Their goal is to get a recorded statement or a quick, lowball settlement before you hire an attorney. Politely decline to give a statement and refer them to your lawyer.
4. Contact Attorney911 Immediately: The Texas statute of limitations for personal injury is generally two years from the date of the accident (Texas Civil Practice & Remedies Code § 16.003). But evidence disappears in days. The sooner we start, the stronger your case will be.

Don’t wonder if you have a good case. Find out from attorneys who have built careers answering that question for Texans. As client Glenda Walker shared, “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

Frequently Asked Questions: “Do I Have a Good Case?”

What if I was partially at fault for the accident?

Texas follows a “modified comparative fault” rule. If you are found to be 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you have $100,000 in damages but are found 20% at fault, you would recover $80,000. If you are 51% or more at fault, you cannot recover anything. Insurance companies will try to exaggerate your fault. We fight to minimize your assigned fault percentage and maximize your recovery.

The insurance company offered me a check. Should I take it?

Do not cash any check or sign any release from the insurance company before speaking with us. Initial settlement offers are almost always far below the true value of your case, especially before your long-term medical prognosis is known. Once you cash that check, you forever waive your right to seek additional compensation, even if you discover a more serious injury later. Let us evaluate the full extent of your damages and negotiate for what you truly deserve.

How long will my personal injury case take?

Every case is unique. A straightforward case with clear liability, good coverage, and documented soft-tissue injuries might settle in 6-9 months. A complex case involving catastrophic injuries, disputed liability, or multiple defendants can take 18-24 months or longer, especially if litigation and trial are necessary. We will give you an honest timeline assessment during your free consultation and keep you updated every step of the way.

What if I can’t afford medical treatment?

This is a common and serious concern. We can help connect you with medical providers in Houston, Austin, and Beaumont who are willing to treat accident victims on a letter of protection or medical lien. This means they provide treatment now and get paid from your eventual settlement or verdict. You get the care you need without upfront costs.

What makes Attorney911 different from other personal injury firms?

Three key differentiators: 1) Insider Knowledge: Our attorney Lupe Peña is a former insurance defense lawyer who knows exactly how the other side values and fights claims. 2) Proven Results: We have a documented history of multi-million dollar settlements and take on complex litigation others avoid. 3) Personal Commitment: With 25+ years in Texas courts, Ralph Manginello leads a team praised for its communication and client care, as shown in our 251+ 4.9-star Google reviews. We prepare every case as if it’s going to trial, which gives us maximum leverage in settlement negotiations.

How do I get started with Attorney911?

It’s simple and risk-free. Call our legal emergency hotline at 1-888-ATTY-911 for a free, no-obligation consultation. We’ll listen to the details of your accident, answer your questions about the three pillars of a good case, and give you our honest assessment. If we take your case, we handle everything from there on a contingency fee basis—no upfront costs to you. We serve clients throughout Texas from our offices in Houston, Austin, and Beaumont. Call now, because the sooner we start building your case, the stronger it will be.

Frequently Asked Questions

What are the three most important things that make a good personal injury case according to Attorney911?

Attorney Ralph Manginello identifies three non-negotiable pillars: 1) Clear Liability (undeniable proof the other party was at fault), 2) Available Insurance Coverage (a source of financial recovery), and 3) Documented, Diagnosable Injuries (medical records that prove your injuries were caused by the accident). All three must be present for a case to have strong potential for maximum compensation.

What should I do if the person who hit me doesn’t have car insurance?

Don’t assume you have no options. First, we investigate your own auto policy for Uninsured/Underinsured Motorist (UM/UIM) coverage, which is designed for this exact scenario. We also look for other potentially liable parties (like employers) or other insurance policies. Our former insurance defense attorney, Lupe Peña, knows all the strategies to find available coverage. Call us at 1-888-ATTY-911 for a free coverage investigation.

Why is it so important to see a doctor immediately after an accident, even if I feel okay?

Many serious injuries, like whiplash, concussions, or internal soft tissue damage, have delayed symptoms due to adrenaline. If you delay treatment, the insurance company will argue your injuries weren’t caused by the accident. Immediate medical documentation creates the essential link between the crash and your injuries, forming the foundation for your claim for medical bills, pain and suffering, and other damages.

How does Attorney911’s experience with former insurance defense attorneys help my case?

Associate Attorney Lupe Peña spent years working for a national defense firm, learning firsthand how insurance companies value claims, use software like Colossus, hire IME doctors, and employ delay tactics. He now uses that insider knowledge against them. We know their playbook, so we can anticipate their strategies, counter their lowball offers, and fight more effectively for maximum compensation for you.

What if the insurance adjuster for the other driver is being really nice and helpful?

This is a common and effective tactic. A friendly adjuster’s primary goal is to settle your claim quickly and cheaply, often before you hire a lawyer or understand the full extent of your injuries. They may ask for a recorded statement—which is full of legal traps—or offer a fast, low settlement. Do not give a statement or accept any offer without consulting an attorney. Their job is to save their company money, not to help you.

How much does it cost to hire Attorney911 for a personal injury case?

We work on a contingency fee basis, meaning we only get paid if we win money for you. Our standard fee is 33.33% of the recovery if we settle before trial, and 40% if we have to take the case to trial. We advance all case costs (filing fees, expert witnesses, etc.) and only recover them if we win. You pay nothing upfront and owe us nothing if we don’t recover compensation for you. Call 1-888-ATTY-911 to start with a free consultation.