A personal injury lawyer can help you pursue compensation for your injuries caused due to the negligence of another person or entity.
Accidents happen, sometimes due to no fault of our own. Unfortunately, the recovery process following such an accident may be slow and painful, and often expensive. If you have been involved in an accident in Texas, you should not have to pay for your medical bills and other financial losses that have resulted due to someone else’s carelessness. An experienced Texas personal injury lawyer can advise you on how to claim rightful compensation.
If you or a loved one has been hurt because of someone else’s negligence, remember you can pursue a personal injury lawsuit against the individual or group responsible for your injuries. A personal injury lawsuit can help you seek compensation for medical expenses, lost wages, and other losses incurred due to an accident in Texas. Contact DFW Injury Lawyers today for a free and confidential consultation.
What is Considered a Personal Injury?
The term ‘personal injury’ applies to injuries caused due to intentional, negligent, or reckless behavior by another party. It may also include actions covered under strict liability where someone can be held legally responsible even if they did not intend to commit wrong, such as suing a dog owner for dog bite injuries. Examples of personal injury cases common in Texas include workplace injuries, injuries caused by defective products, construction-related injuries, car and boating accidents, slip and falls, plant and refinery accidents, and wrongful deaths.
Who Can Be Held Liable For a Personal Injury?
Personal injury law covers the rights of individuals who have been injured or harmed due to the actions of another party. Personal injury cases may result from accidents caused due to negligence or recklessness, such as slips and falls, motor vehicle accidents, and medical malpractice.
Texas is a comparative fault state. The party who is entirely at fault for causing a personal injury to another is responsible for compensating the injured party. If both parties have contributed to the accident, then the court can reduce compensation awarded to the injured party, based on their comparative fault, or percentage of liability. A Texas personal injury lawyer committed to holding at-fault parties liable can help you fight for maximum compensation for the harm you have suffered.
Texas Personal Injury Case Types We Have Experience With
Personal injury claims are typically filed against the parties responsible for causing the injury or harm. If you or a loved one has been injured in Texas, you may be able to seek compensation through a personal injury lawsuit. Common case types we have experience with include:
Slip and fall accidents happen when a person slips or falls on someone else’s premises because of wet floors, uneven or cracked surfaces, inadequate lighting, or other dangerous conditions. If you were injured in a slip and fall accident, you should contact a premises liability attorney who can investigate the incident and gather evidence to help prove that the property owner was aware or should have been aware of the dangerous conditions on the premises and failed to take action.
Motor Vehicle Accident
Car, truck and motorcycle accidents are unfortunately common in Texas, and can cause you and your loved ones severe injuries. Common causes of vehicular accidents include speeding, drunk driving, distracted driving, or faulty road conditions. A motor vehicle accident lawyer can help you attain the maximum compensation for your injuries caused due to a negligent party.
Typically, a product liability arises when a company sells defective products leading to harm when such product is correctly or reasonably used. Examples of product liability cases include faulty car parts, defective medical devices, or toxic products, such as allergen biocell breast implants, defective 3M combat arms earplugs, and transvaginal mesh.
A catastrophic injury may result from accidents such as car and truck accidents or workplace-related accidents, and can cause permanent disability or impairment. If you or a loved one have catastrophic injuries, you may be entitled to compensation for your losses including medical bills, loss of income or earning capacity, as well as pain and suffering.
If your loved one died due to the recklessness of another, you may be able to file a wrongful death lawsuit. A successful lawsuit can result in compensation for losses such as loss of companionship, loss of income, funeral costs, and other damages.
Employers and contractors are required to provide a safe working environment for their workers. A workplace accident can happen due to unsafe or dangerous conditions at work, such as crashes or being hit by fallen objects. A Texas workplace accident lawyer can help injured workers obtain fair compensation.
In all of these types of personal injury cases, it is important to consult an experienced North Texas personal injury lawyer who can help navigate the legal process to ensure you receive fair compensation for your losses.
What Should I Do Immediately After an Injury?
If you have just been in an accident, call 911 or your local police department immediately. Depending on the severity of your injuries, you may want to photograph the scene of the accident, for example, trip hazards for a slip and fall, or a car crash scene in case of a car accident. You could also take pictures of any visible injuries on yourself, your loved ones, and your belongings or property.
After an accident, your immediate priority should be to get medical attention for your injuries. Depending on the severity of your injuries, this may include emergency medical care and mental health treatment for the resulting trauma. You may also want to follow up with your doctor in case you discover further injuries at a later time.
Medical care can help document your injuries resulting from the accident which can strengthen your personal injury claims. Seeking immediate medical attention also shows that you have taken all reasonable steps to mitigate your losses.
What Should I Prove in a Personal Injury Lawsuit in Texas?
In a personal injury case, you as the plaintiff must prove that the party you sued was at fault for your injuries. You need to establish the following four elements of negligence in order to do so:
You must show that the defendant or the negligent party had a legal duty to act reasonably to avoid causing harm to others. For instance, in a premises liability lawsuit, you should prove that the owner of the property had a legal duty to detect and warn invitees of any hazardous conditions on the property.
Next, you must establish that the defendant breached their duty of care by failing to act upon their legal duty. For example, in a car accident lawsuit, you could show that the driver was texting at the time of the accident and therefore, failed to pay attention to the road.
The third element is causation, where you must prove that it is the defendant’s breach of duty that was the direct cause of your injuries. Note that there may be cases where a plaintiff may suffer from injuries due to reasons that are not the direct cause of negligence by the other party. An experienced Texas personal injury lawyer can help explain whether or not you have sufficient evidence to help prove causation in order to file a lawsuit against the negligent party.
You must show that you suffered actual damages as a result of the chain of events leading to your injury. Damages include physical injuries, emotional distress, and financial losses, such as loss of earnings. A qualified personal injury attorney can explain the potential damages you may seek in a lawsuit.
When Should I Contact a Texas Personal Injury Lawyer?
Personal injury cases can be complex and challenging to navigate on your own. A Texas attorney can help you understand your legal options following a potential personal injury case. Your attorney will investigate the cause of your injury and gather evidence to establish all relevant elements of negligence. They can also help identify the potentially liable parties, such as employers who may be vicariously liable for the fault of their employees, and may also negotiate with third parties such as insurance companies.
If you have recently suffered from personal injury, it is important to hire a local attorney before you speak to any other party, including an insurance agent. A qualified North Texas personal injury lawyer will be familiar with the laws and customs applicable in Texas, and know how to approach your case so that you may receive the maximum possible compensation. They would also be familiar with the relevant procedural laws as well as the statute of limitations in Texas for your claim. Your personal injury lawyer will also work with expert witnesses, physicians, and other relevant parties to gather evidence in a way that strengthens your claim.
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Why Should I File a Personal Injury Lawsuit in Texas?
A Texas personal injury lawsuit can help you hold the at-fault party accountable for your injuries. In addition to the physical pain and discomfort you experience after an accident, you likely also incurred several losses, such as loss of income (temporarily or indefinitely), loss of companionship, medical bills, or costs for psychiatric treatment. A successful personal injury lawsuit can result in compensation to help you recover your financial losses and access the care you and your family may need to heal.
In North Texas, you may obtain the following types of compensation in a successful personal injury lawsuit:
- Economic damages: These include medical expenses, lost wages due to inability to work, and loss of earning capacity or future income. Economic damages are intended to compensate the plaintiff for the actual financial losses incurred due to the injury.
- Non-economic damages: These are not quantifiable in monetary terms, and may include pain and suffering, loss of enjoyment of life, and loss of consortium.
- Punitive damages: These are awarded in exceptional cases to punish the defendant and serve as deterrence to others from engaging in similar conduct, such as where the defendant’s conduct was particularly egregious.
Note that the specific damages awarded will depend on the facts and circumstances of the case. This is why it is important to consult an experienced personal injury attorney who can increase your chances of attaining fair compensation.
Contact a Texas Personal Injury Attorney for a Free Consultation
At DFW Injury Lawyers, we understand that each personal injury case is different and has its own set of complexities. Our personal injury lawyers have a combined experience of fifty years dealing with various types of personal injury cases, and have obtained several successful verdicts for our clients. We know the ins and outs of the justice system in Texas courthouses, as well as the techniques employed by insurance companies at each stage of a lawsuit. We are here to work diligently on your personal injury case so you may get the compensation you deserve as quickly as possible and move on to the next chapter of your life.
Contact DFW Injury Lawyers today to discuss your case and the next steps forward.