Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Personal Injury law in Dallas, and the broader United States, revolves around any case where a person suffers harm due to the negligence or intentional act of another party. The law aims at ensuring the injured individual receives compensation for the damages suffered. These can range from medical expenses, loss of income, to non-economic damages such as pain and suffering. The law covers a wide range of situations including car accidents, slip and fall incidents, product defects, medical malpractice, and more.
Whether you are the victim or the person being accused of causing a personal injury, navigating the legal landscape can be challenging. It's essential to have a knowledgeable professional to advise you and protect your rights. A personal injury lawyer assists in documenting the extent of injury, calculating appropriate compensatory amounts and negotiating with the other party or their insurance company. If negotiations falter, they can represent you in a court of law, ensuring you receive fair treatment and justice.
In Dallas, personal injury claims fall under the Texas Civil Practice and Remedies Code. There are two major aspects you need to be aware of. Firstly, Texas follows a 'modified comparative fault' rule, which means you can be barred from recovering damages if you're found 51% or more at fault. Secondly, there is a two-year statute of limitations within which you must file your lawsuit. This commences from the date of injury. Notably, Texas does not put a cap on compensation for most personal injury cases, with the exception of medical malpractice.
Seek immediate medical attention even if you think you are okay, document the scene, if possible, and gather witness information. Report the incident to relevant authorities and notify your insurance company.
The duration of a lawsuit can vary based on complexity, amount of damages, willingness of parties to settle amongst other factors. It can range from a few months to several years.
It's difficult to specify an average settlement since it greatly varies from case to case - it depends on several factors including severity of injury, medical costs, loss of income, and proven negligence of the other party.
While majority of personal injury cases in Dallas are settled outside court, cases where agreement cannot be reached do proceed to trial. Your lawyer will advise you on the best course of action.
While you have a right to represent yourself, it's typically not advisable given the complexity of personal injury laws. Having an experienced lawyer dramatically increases your chance of a favorable outcome.
The Dallas Bar Association offers resources on understanding the civil court proceedings and gives referrals to suitable lawyers. Additionally, The State Bar of Texas also provides an extensive range of resources including public education on personal injury laws.
If you need assistance with a personal injury case, your first step should be to gather all relevant documents, medical reports, photographs and other proof that could assist your case. Then reach out to a personal injury attorney to discuss your situation. It's advisable to contact a lawyer as soon as possible to ensure all legal deadlines are met and your rights are protected.
