Dallas Lawyers

As you consider your options, you might want to know some of the basics of how a personal injury case works. This is an overview of some of the laws and procedural rules that shape the process of getting compensation for your injuries.

If you've been injured and want to file a lawsuit, you'll need to prove that someone else was responsible for your injuries. Typically, this involves making a negligence claim. Negligence usually means that the person or entity at fault didn't act with the level of care that a reasonable person would have under similar circumstances. For example, in a car accident, it might mean that the other driver was speeding or distracted. In cases like medical malpractice, the standards are more specific, and you might need an expert witness to explain what the appropriate level of care should have been.

If you've been injured in an accident caused by someone who was working at the time, you might also have a claim against their employer. This can happen if the employer was partly at fault. For instance, maybe the employer hired someone unqualified or didn't supervise them properly. However, even if the employer did everything right, they could still be held responsible under a legal concept called "vicarious liability." This means that employers can be held accountable for their employees' actions if those actions occurred while they were performing their job duties.

In some situations, an injured person can rely on a concept called "strict liability," which can be simpler than proving negligence. With strict liability, the defendant is held liable if they were responsible for the condition or event that caused the injury, regardless of whether they acted carelessly. A common example of strict liability is in cases involving defective products. Here, the injured person only needs to show that the product had a flaw that caused their injury. They don't need to prove that the manufacturer or seller was negligent.

In cases involving defective products, another legal option is a "breach of warranty" claim. This type of claim is based on promises made or implied about the product. If these promises aren't fulfilled, and you get hurt as a result, you might be entitled to compensation.

While most injuries happen due to accidents, some are caused by intentional harm, such as assault. These cases are known as "intentional torts." Even if the person who harmed you isn’t convicted of criminal charges, you can still file a lawsuit against them.

Just like other states, Texas has a deadline for filing a lawsuit based on injuries, known as the statute of limitations. In Texas, this period is typically two years. If you don't file your lawsuit within this timeframe, you probably will lose your chance to get compensation. Even if it's clear that the defendant caused your injuries, they can ask the court to dismiss the case if it's filed late.

You might be concerned about what happens if you were partly to blame for your injuries. In Texas, this usually doesn't stop you from getting compensation unless you were more than 50 percent responsible for the accident. According to Texas law, the amount of damages you can receive will be reduced by the percentage of your fault. For instance, if you were 30 percent at fault for a car accident, and the other driver was 70 percent at fault, you could still recover 70 percent of your damages from the other driver or their insurance company.

Also, you might have heard of "damages caps" that restrict the amount of compensation a victim can receive for their injuries. Texas does not impose these caps in most situations, but there are a few exceptions. For example, in medical malpractice cases, there are limits on compensation for non-economic damages such as pain and suffering. Additionally, if you are suing the government for your injuries, there are also limits on the amount of compensation you can receive.

Damages caps aren’t the only way in which a lawsuit against the government differs from the usual personal injury case. If you’re suing an entity like the City of Dallas, you’ll need to provide it with notice of your claim within six months. This is much shorter than the standard statute of limitations, so it’s especially critical to get started on your case quickly if you think that a government agency might have been at fault.

When you consider filing a lawsuit, you might envision presenting your case before a judge or jury in a courtroom. However, personal injury cases typically don't reach that stage. Most of these cases are resolved through settlements out of court. In a settlement, the victim agrees to release their claims against the defendant in exchange for a specific amount of compensation.

Settlements can be beneficial for both parties involved. They conclude the litigation process more quickly and avoid the unpredictability of a trial. Even if each side believes they have strong arguments, there's always the risk that the judge or jury might have an unexpected perspective on the case. Thus, settling out of court provides a more efficient and certain resolution for everyone involved.

Although settling a case is quicker than going to trial, the process can still take some time. It's often not advisable to accept the first offer you receive from a defendant or an insurance company. Their initial offer is generally aimed at resolving the case as inexpensively as possible, rather than providing fair compensation for your injuries. Engaging in further negotiations may lead to a more suitable settlement amount. Keep in mind that this is your only opportunity to receive compensation from the defendant. Carefully consider the extent of your injuries and evaluate how well the offer addresses your needs before agreeing to a settlement.

Handling a lawsuit on your own can be incredibly challenging, especially while you are trying to recover both physically and emotionally from your injuries. That's why it's usually a good idea to have an attorney on your side. A lawyer can gather all the necessary evidence for your case and present it effectively during settlement negotiations or, if needed, at trial.

Having legal representation often makes a significant difference. Defendants and insurance companies are likely to take your claim more seriously when you have an attorney. They’ll be less inclined to try to take advantage of you. This can also lead to a quicker and fairer resolution. Keep in mind that the other side will almost certainly have legal counsel, so having an attorney of your own helps to level the playing field.

Your attorney will play a crucial role in guiding you through the legal process. They can provide valuable insights into the strengths and weaknesses of your case and help you understand what kind of settlement you might reasonably expect. This advice can be instrumental in deciding whether to accept an offer or continue negotiating for a better one. However, it's important to remember that the final decision on whether to accept or reject a settlement is entirely yours. Your attorney can offer recommendations and support, but they cannot make this decision on your behalf. Ultimately, you have the control to decide what is best for your situation.

If your case proceeds to trial, having an attorney can be beneficial due to their courtroom skills and experience. You may not be familiar with the rules of evidence or the technical aspects of a trial, but your attorney is. They can leverage their knowledge of these complexities to your advantage. Additionally, an experienced attorney can anticipate and counter defense strategies much more effectively than you likely could on your own. This can be crucial in presenting a strong case and increasing your chances of a favorable outcome.

The Dallas area boasts a wide variety of personal injury attorneys, making it challenging to choose the right one for your needs. While getting a recommendation from a family member or friend can be helpful, many people find themselves searching for attorneys online. Resources like the Justia Lawyer Directory can be particularly useful in this process.

When selecting a personal injury attorney, one key question to ask is whether they have handled cases similar to yours in the past. Relevant experience can significantly affect the outcome of your case. For instance, if you're suing a manufacturer over an injury caused by a defective product, you may not want an attorney who primarily handles medical malpractice cases. Similarly, if your child was bitten by someone else's dog, it would be wise to choose a lawyer experienced in handling dog bite cases, rather than one who has done nothing but car accident claims.

It's a wise move to check the professional record of any attorney you're considering. An attorney who has frequently violated the rules of the State Bar of Texas probably isn’t your best option. However, a single minor violation might not be enough to take someone off your list.

When selecting an attorney, it's important to review the results they have achieved for past clients, which are often showcased on their website. These outcomes can give you a sense of their success in handling cases similar to yours. Additionally, reading reviews from former clients can provide valuable insight into the attorney’s personality. Endorsements from other attorneys can also be a significant indicator of an attorney's competence and reputation within the legal community. Such endorsements suggest that they are well-regarded by their peers for their legal skills and professionalism.

Before making your final decision on an attorney, it's a good idea to schedule initial consultations with a few who have caught your interest. During these meetings, you can provide an overview of your situation and ask questions about the strengths and weaknesses of your case. While they won't be able to give you an exact prediction of the compensation you will receive, they should offer some general insights and highlight any potential issues you should take into account. As you have these conversations, pay attention to how well each attorney explains their thoughts and whether you feel at ease talking with them.

Unfortunately, people can get injured in a wide range of settings and for many different reasons. Some types of events or situations that could lead to a personal injury lawsuit include:

• Motor vehicle collisions, most often when a driver breaks a traffic rule or otherwise acts carelessly
• Slip or trip and falls and other accidents caused by poor maintenance of property
• Malpractice by a healthcare provider in treating a patient, such as failing to promptly diagnose a condition or making a mistake during surgery
• A product that has a defect in its manufacturing or design, or inadequate warnings about how to safely use it
• A failure by nursing home staff to meet the basic needs of a resident
• An attack by a dog or another animal

Some injuries happen on the job, which often leads to a claim for workers' compensation benefits. These benefits help cover medical expenses and a portion of lost wages. The good news is you don't need to prove fault to receive these benefits. However, workers' compensation doesn't cover non-economic damages such as pain and suffering.

Typically, if your injury is covered by workers' compensation, you cannot sue your employer or a coworker. But if someone else outside your workplace contributed to your injury, you might be able to file a claim against them. This could open the door to receiving a broader range of damages, potentially including compensation for pain and suffering and other intangible harm.

In Texas, unlike other states, employers are not required to carry workers' compensation insurance. If your employer has opted not to provide this coverage, you can sue them directly if they were at fault for your injuries. This legal process would follow the same procedures as suing any other party.

If you're considering filing a personal injury lawsuit, you might be curious about the typical compensation awarded in these cases. An analysis of recent personal injury verdicts in Texas found that plaintiffs receive an average of about $827,000. However, a more telling figure might be the median, which stands at slightly over $12,000. The median represents the midpoint of all verdicts, meaning that half the verdicts were above this amount and half were below. In contrast, the average is calculated by adding all the verdicts together and dividing by the number of verdicts. This can be influenced by a few exceptionally large awards that are not typical for most cases.

Memorable personal injury awards in Texas in recent years include:

• $100 million for a collision with a Werner truck on Interstate 20 that resulted in the death of a child and serious injuries to another child
• $72 million for a fatal workplace accident in Irving while installing electrical lines
• $21 million for brain damage from oxygen deprivation due to medical negligence at the Baylor hospital
• $18 million when a child drowned in the swimming pool of an apartment complex where the gate was not properly secured
• $17 million after a mass shooting in Plano, although this was reversed on appeal

However, these awards are outliers and not what a victim should expect in the usual case. You should talk to your attorney about what your case might be worth.

Like other major cities, Dallas has a high rate of car accidents. According to the Texas Department of Transportation, there were 196 fatal crashes in Dallas in 2023. The city also saw 963 crashes that were suspected to have caused serious injuries and over 4,000 crashes that were suspected to have caused minor injuries. There were 31,678 total crashes in Dallas in 2023. A separate set of data shows that 64 fatal crashes resulted from drunk driving, while 54 DUI crashes were suspected to have caused serious injuries, and 199 DUI crashes were suspected to have caused minor injuries. There were nearly 1,000 total crashes in Dallas that involved drunk driving.

In Dallas County as a whole, the data show that there were 317 fatal crashes in 2023, as well as 1,463 crashes that were suspected to have caused serious injuries and 7,337 crashes that were suspected to have caused minor injuries. There were over 52,000 total car accidents in Dallas County. From the DUI data, there were 99 fatal crashes resulting from drunk driving, as well as 106 crashes suspected to have caused serious injuries and 416 crashes suspected to have caused minor injuries. Over 2,000 DUI accidents occurred in Dallas County in 2023. Further statistics showed that there were over 13,000 crashes involving speeding, nearly 7,000 crashes involving distracted driving, and over 2,500 crashes in work zones.

Data on serious collisions between multiple vehicles, between a vehicle and a bicycle, or between a vehicle and a pedestrian have highlighted certain stretches of road in the Dallas area that tend to be especially dangerous. These include, in descending order:

• Great Trinity Forest Way between South Jim Miller Road and U.S. Route 175
• Buckner Boulevard between Lake June Road and Great Trinity Forest Way
• Ledbetter Drive between South Lancaster Road and Great Trinity Forest Way
• Northwest Highway between Harry Hines Boulevard and Timberline Drive
• Buckner Boulevard between Bruton Road and Scyene Road
• Buckner Boulevard between I-30 and Forney Road
• Northwest Highway between North Walton Walker Boulevard and Harry Hines Boulevard
• Great Trinity Forest Way between South Central Expressway and Pemberton Hill Road
• Great Trinity Forest Way between Pemberton Hill Road and South Jim Miller Road
• Ledbetter Drive between I-35 and University Hills Boulevard

A closer look at the list reveals that these 10 “hot spots” feature just four different roads. It’s wise to be extra careful when using them, especially if you’re walking or riding a bike.

In a car accident case, one of the most crucial pieces of evidence is often the police report. If you're involved in an accident in Dallas, you can obtain a copy of this report from the Records Unit of the Dallas Police Department, located at the Jack Evans Police Headquarters at 1400 Botham Jean Boulevard. You have the option to request the report online or by mail, but it is not available over the phone. Keep in mind that there might be a short wait of a few days to receive the report, since the original is typically handwritten and needs to be processed. Alternatively, you can also request a copy of the accident report online through the Texas Department of Transportation website.

If you believe you have been injured due to medical malpractice, you can report the incident to the Texas Medical Board, which is the primary governing authority for doctors in the state. For concerns regarding inadequate care at a hospital, or issues like abuse or neglect at a nursing home or similar institution, you can contact the Texas Health and Human Services Commission.

If you've been involved in a workplace accident, the Texas Department of Insurance offers valuable information to help you understand your available options and determine your next steps. Additionally, the Department of Insurance operates a hotline for reporting safety violations at work. If you notice unsafe conditions or practices in your workplace, you can call the hotline at 800-452-9595 to report them.

If you are a victim of a violent crime, the Victim Services Unit of the Dallas Police Department is there to help you get your life back on track and recover from both physical and emotional trauma. You can find the Victim Services Unit at the Jack Evans Police Headquarters. Additionally, the Dallas County District Attorney offers various resources for victim services, providing further support and assistance. To help address the financial costs associated with being a victim of a crime, the Texas Attorney General operates a Crime Victims’ Compensation Program.

1. How much do I need to pay my attorney?

   When you hire an attorney for a personal injury case, you will typically pay them a prearranged percentage of the compensation they secure for you, either through a settlement or a verdict. This percentage usually ranges between 25% and 40%. If your case goes to trial, the attorney might take a higher percentage than if it ends in a settlement.

2. What’s the standard of proof in a personal injury case?

   In a personal injury case, the standard of proof is known as “a preponderance of the evidence.” This means that your version of events only needs to be more likely true than not. This standard is less stringent than the standards used in some types of legal matters.

3. Can I get compensation if I have a pre-existing condition?

   If you have a pre-existing condition, you may still be eligible for compensation if you can show that the accident aggravated your condition. Proving this can be complex, since it requires detailed documentation to show the extent of the aggravation caused by the accident. It’s wise to consult with a lawyer who can help you gather the necessary evidence and present a strong case.

4. What are punitive damages?

   In extreme cases in which the defendant's actions are particularly blameworthy, punitive damages may be awarded in addition to compensatory damages. Unlike compensatory damages, which are intended to address the harm suffered by the victim, punitive damages are meant to punish the defendant and discourage similar behavior in the future. Texas places a cap on the amount of punitive damages that can be awarded.

5. What happens if I get hit by an uninsured driver?

   If you have uninsured motorist coverage included in your auto insurance policy, you have the option to file a claim with your own insurer. Having this coverage is generally a smart decision because it protects you from having to pursue the at-fault driver individually. They might not have sufficient assets to cover a damages award. However, keep in mind that your insurance company may not be on your side when you file a claim. They might contest the claim in a manner similar to how the uninsured driver would, since their goal is to minimize their payout.