Personal Injury Law in Dallas, TX

Were you hurt due to another’s negligence in Dallas? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Dallas, TX can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Dallas relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Dallas, TX

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Dallas 

The Texas Department of State Health Services reported that falls are the leading cause of traumatic injuries requiring hospitalization, more than twice the next leading cause, auto accidents. According to the Dallas-Fort Worth Hospital Council Foundation, the average age of emergency room visits is 44. Moreover, the City of Dallas reports that almost 30% of Dallas residents have no health insurance coverage.

Steps in a Personal Injury Lawsuit in Dallas, TX

Once you determine that you wish to proceed forward with a personal injury action in Texas

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

A personal injury claim will most likely start in a Dallas County or District Court. Consultation with a Dallas attorney will be key in choosing where to file, since certain counties in Texas are more favorable for you to file suit in, based on jury awards. As well, adjusters often evaluate your case differently depending on where the suit is filed.

Texas Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Dallas law firm websites often cite personal injury verdicts that are in the hundreds of thousands, even millions of dollars. According to the Annual Statistical Report for the Texas Judiciary, the second largest increase in cases filed in district and county courts were injury or damage cases involving a motor vehicle. However, the vast majority of cases don’t go to trial and it’s important to consult with an attorney on your specific circumstances.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in TX, that means you risk not receiving any compensation at all.

Damage Awards in Texas

If your Texas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Texas, there are only caps on medical malpractice claims and claims against the government. Most Dallas personal injury damages are not capped.

Statute of Limitations in Dallas, TX Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations for a personal injury suit in Texas is two years. If you live in Dallas, this  means you only have two years from the date of your injury to file a suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Dallas, TX Lawyer

Pursue a personal injury claim in Dallas against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Texas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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