Have you been injured in an accident in Dallas, or have you sustained an injury because of another party’s careless or wrongful acts? If so, you probably have questions about personal injury cases in Texas. A Dallas injury lawyer answers the frequently asked questions about personal injury in this article.
Do I Have a Personal Injury Case in Texas?
Personal injury cases in Texas arise from many situations. Common personal injury cases include, but are not limited to:
- 18-wheeler and commercial truck accidents
- Slip and fall accidents
- Wrongful death
- Medical malpractice
- Car accidents
- Dog bites and attacks
- Catastrophic injuries
- Industrial accidents
- Construction accidents
- Workplace injury
- Premises liability
- Product liability
- Nursing home abuse
- Pedestrian accidents
- Bicycle accidents
The best way to find out if you have a personal injury claim is to meet with our Dallas personal injury attorney for a free consultation. We review your case, advise you of your legal options, and explain how we can help you recover compensation for your damages.
How Do I Prove Negligence in a Dallas Personal Injury Case?
Many personal injury claims filed in Texas are based on negligence claims. Negligence occurs when someone fails to use a reasonable level of care based on the situation’s circumstances. If a person is negligent, they can be held financially liable for the damages they cause.
The legal elements necessary to prove negligence are:
- Duty of care
- Breach of duty
- Causation
- Damages
You must prove that the person owed you a legal duty of care and breached the duty of care by failing to use a reasonable standard of care. The breach of duty must be the direct and proximate cause of your injuries, and you must have suffered damages. You have the burden of proving your case to recover compensation.
What Happens If I’m Partially To Blame for Causing an Accident or Injury?
Texas uses a modified comparative negligence law for personal injury cases. If you are partially at fault for causing your injury, your compensation can be reduced by your percentage of fault. However, if you are 51% or more to blame for the cause of your injury, the statute bars recovery for your claim.
Never admit fault for causing an accident. Instead, talk with a lawyer as soon as possible. It is best to let an attorney handle the communications with an insurance company to avoid saying something that could imply fault.
Do I Need To Hire a Dallas Personal Injury Lawyer To File an Insurance Claim?
You are not required to hire a Dallas personal injury attorney to file an insurance claim. However, it can be beneficial and increase your chance of receiving a fair settlement.
Insurance adjusters in Texas are trained, skilled employees for the insurance company. They work to reduce the company’s liability for claims. Additionally, insurance companies have other professionals and attorneys to protect them from liability.
Hiring a personal injury lawyer evens the playing field. Your attorney has the resources and expertise to investigate your claim and to gather evidence proving you are entitled to compensation. Furthermore, your lawyer understands how much your case is worth and the best strategies to maximize recovery.
Will I Have To Go To Court for a Personal Injury or Accident Claim?
It is up to you whether you want to take a case to court. Most personal injury cases settle through private negotiations. However, if the insurance company ignores your claim or refuses to offer a fair settlement, it may be in your best interest to bring the matter to court.
How Long Does It Take To Settle a Dallas Personal Injury Case?
Each personal injury case involves different factors. The factors that impact the timeline for a personal injury settlement include, but are not limited to:
- The severity of your injuries and the duration of your recovery
- The parties involved in your case
- The willingness of the insurance company to agree to a fair settlement amount
- Whether liability is disputed or in question
- The strength of your evidence
Sometimes, patience is required to obtain the best possible settlement for a personal injury case. Our legal team works diligently to settle your case as quickly as possible without sacrificing damages.
How Much Is My Personal Injury Case Worth in Texas?
The value of your damages determines how much your case is worth. However, the factors relevant to your case also impact how much you can receive for a personal injury claim. Factors that impact the amount of a personal injury settlement or jury verdict include:
- The type and severity of your injuries and whether you sustain permanent impairments or disabling conditions
- The duration of your recovery
- The types of medical treatment and rehabilitative therapies you receive
- Whether you can return to work
- The degree that your injuries impact your daily life
- The parties involved in the case
- The availability of insurance coverage
Other factors could impact the value of your personal injury claim. Our legal team carefully analyzes the circumstances of your case to determine how much your case is worth. In addition, we work with leading expert witnesses to assist in valuing permanent and future damages when necessary.
What Damages Can I Receive for a Texas Personal Injury Case?
Compensatory damages refer to the financial losses, pain, and suffering you experience because of the accident and your injury. Economic and non-economic damages are included in your claim. Examples of the types of damages in a personal injury case include:
- Medical bills and expenses
- A decrease in quality of life
- Lost wages and benefits
- Mental anguish
- Out-of-pocket expenses
- Loss of enjoyment of life
- Personal and nursing care
- Physical pain and suffering
- Diminished earning capacity
- Scarring, disabilities, and impairments
- Rehabilitative therapy
- Emotional distress
In very specific cases, a jury might award punitive damages. However, you must prove that the at-fault party’s conduct meets the definition of gross negligence, malice, or fraud. Our lawyers carefully investigate your case to determine the damages you are entitled to receive.
What Is the Deadline for Filing a Personal Injury Claim in Texas?
The Texas statute of limitations for most personal injury cases is two years from your injury date. The court can dismiss your case if you do not file a lawsuit before the deadline.
However, the type of case, the parties involved, and other factors could change the deadline to file a lawsuit. Therefore, we strongly urge you to contact our office to speak with an attorney as soon as possible.
Schedule a Free Consultation With Our Dallas Personal Injury Lawyer
Our legal team at Jay Murray Car Accident and Truck Accident Lawyers is here to answer your questions about personal injury claims and explain your legal options. We help you recover the compensation you deserve after another party causes you injury or harm. Call us today at (214) 855-1420 to schedule a free case evaluation with our experienced Dallas personal injury attorney.