Case Evaluation Policy

We evaluate each of our client’s potential cases according to a few standard benchmarks. Naturally, each case is unique, which means that our approach is likewise unique. However, by answering these questions, we can help you decide what your best course of action is moving forward. Below are some of the major areas we consider as we undertake a case evaluation.


The first thing we need to determine is whether there is any viable liability theory and what are the strengths and weaknesses of the claim. Implicit in that determination is how clearly the case can be proven, which means that we are looking for compelling, substantiated evidence that can be corroborated through hard data, expert testimony, and/or credible witness statements.


Once we feel confident in our determination that there is a credible theory of liability, we begin looking at the seriousness of the injuries, pain and suffering, other hardships – and their resulting economic consequences. We need to be able to prove that these things are directly linked to the defendant’s negligence, a dangerous product, or improper business practices.


In addition to liability and damages, it is important that we can confidently move forward with a reasonable expectation of collection if we win your case. To do so, we must determine the insurance coverage of all parties involved, any bad faith potential, or any other assets that may be available. Additionally, there are often other potential defendants whose insurance coverage we will need to research before proceeding.


Lastly, we must make an educated assessment about what the jury would award in the event of victory. This amount is unique to the geographical location and venue in which we will be trying the case. This is perhaps the most subjective and speculative aspect of our case evaluation, and it is one where empirical precedence will likely play a significant role.

If you feel that you or a loved one has suffered injury or loss as a result of another party’s negligence, business practices, or a dangerous product, please contact Hossley & Embry today by calling (866) 522-9265 or fill out our free case evaluation form; and we will be in touch promptly. We offer free consultations, and we have the resources available (including charter aircraft) to travel throughout Texas and the United States on short notice to investigate your potential claim.