Dallas Personal Injury Attorney

Texas Personal Injury Law

A personal injury occurs when someone is physically, emotionally, or financially harmed because of another party’s actions or failure to act. 

Common types of personal injury claims in Texas include:

• Car Accidents: Caused by negligent drivers, drunk driving, distracted driving, or speeding.
• Truck Accidents: Involving large commercial vehicles where negligence may include driver fatigue or improper maintenance.
• Premises Liability: Slip-and-fall accidents, dog bites, and inadequate security claims.
• Product Liability: Injuries caused by defective or dangerous products.
• Medical Malpractice: Negligence by a healthcare provider that results in injury or wrongful death.
• Workplace Accidents: Injuries that occur in the course of employment.
• Wrongful Death: When a person dies due to another party’s negligence or misconduct.

To succeed in a personal injury claim, the plaintiff must prove the defendant was negligent. The elements of negligence in Texas include:

1. Duty of Care: The defendant owed a duty of care to the injured party.
2. Breach of Duty: The defendant breached that duty by acting negligently or failing to act.
3. Causation: The defendant’s actions directly caused the injury.
4. Damages: The plaintiff suffered actual harm or loss.

Texas follows a modified comparative negligence rule, meaning that the injured party can recover compensation as long as they are less than 51% at fault for the accident. 

However, the compensation will be reduced by the plaintiff’s percentage of fault. For example, if the plaintiff is found to be 20% at fault in a car accident, their awarded damages will be reduced by 20%.

The statute of limitations sets a deadline for filing a personal injury lawsuit in Texas. In most cases, the injured party has two years from the date of the injury to file a claim.

Exceptions:

• Wrongful Death: Two years from the date of death.
• Medical Malpractice: Two years from the date of the negligent act, but claims may be subject to the "discovery rule" if the injury was not immediately apparent.
• Minors and Legally Incapacitated Individuals: The statute may be tolled until the minor turns 18 or the individual regains capacity.

Why File a Personal Injury Claim?

While attempting to obtain compensation can sometimes be complex and include opposing parties and insurance companies, wrongfully injured parties must receive the resources and compensation they need to focus on recovery and a sometimes difficult future ahead. Individuals throughout Dallas who have suffered significant trauma and those who have lost family may be able to recover compensation for:

• Medical expenses
• Funeral expenses
• Lost wages
• Lost earning capacity
• Loss of support and services
• Lost prospect of inheritance
• Pain and suffering damages

There are several ways accidents, including in car accidents, may harm victims. While attempting to obtain compensation can sometimes be complex and involve opposing parties and insurance companies, wrongfully injured parties in Dallas must receive the resources and compensation they need to focus on recovery and a sometimes difficult future ahead.

Get a Free Consultation With a Dallas Injury Lawyer

Our Dallas personal injury lawyers at Lyons & Simmons, LLP understand that the best way to succeed in a personal injury case is to simplify complicated evidence and make it an unforgettable but easy-to-understand part of the story. Therefore, we work with preeminent experts in Dallas and utilize captivating animations, presentations, and diagrams to bring our clients' cases to life in the courtroom.

Here's how we can help:

• In-Depth Knowledge of Texas Personal Injury Law: Our attorneys have extensive knowledge of Texas personal injury laws and ensure your claim meets all legal requirements, protecting your right to compensation. We navigate complex legal processes and statutes to give you the best chance of success.
• Proving Liability and Gathering Strong Evidence: We gather critical evidence, such as accident reports, medical records, and witness statements, to prove liability and strengthen your case. Our thorough investigations help demonstrate the other party’s negligence effectively.
• Handling Insurance Companies Effectively: We negotiate aggressively with insurance companies to prevent them from undervaluing or denying your claim. Our experience ensures that you receive a fair settlement without being pressured to accept less.
• Maximizing Your Compensation: Our goal is to secure the highest possible compensation by fighting for both economic and non-economic damages. We are prepared to take your case to trial if necessary to protect your interests.
• Litigation and Courtroom Advocacy: If a fair settlement cannot be reached, we are ready to represent you in court with strong litigation skills and a proven track record. Our courtroom expertise ensures your case is presented effectively before a judge or jury.
• Relief from Legal Stress So You Can Focus on Recovery: We handle all legal aspects of your case, allowing you to focus on your recovery and well-being. Our team manages paperwork, negotiations, and legal procedures to reduce your stress.
• Personalized Attention and Client-Centered Approach: Our team provides personalized attention and keeps you informed throughout the process. We prioritize open communication and tailor our approach to meet your unique needs.
• Increased Likelihood of a Successful Outcome: With our expertise and dedication, your chances of securing a favorable settlement or verdict increase significantly. Studies show that clients who hire an attorney receive higher compensation than those who pursue claims alone.

Contact us at (844) 297-8898 more information or to schedule a visit to discuss the details of your situation with our personal injury attorneys.