Personal injury in Dallas refers to physical, emotional, financial, or reputational damages suffered by a person or claimant as a result of accidents or another’s or defendant’s wrongful actions. As opposed to an injury to property, personal injury deals with the negative consequences an accident or intentional harm has on the victim’s life directly.
Moreover, unlike common injuries or accidents, personal injury in law often stems from negligence of duties owed to the victim, deliberate harm, or indirect damage through inherently dangerous activities or defective products. Generally, personal injury in Dallas often involves actual bodily harm, emotional distress, and suffering in regards to losses that occurred due to the event. In compliance with state laws, victims can seek compensation for these damages out of court or file a lawsuit in court if there is no settlement or terms are unsatisfactory.
A personal injury claim in Dallas is a legal action taken by an injured party to get financial compensation from the person or entity that caused the injuries. It is essentially an injured party holding an individual, company, or government entity liable for the action resulting in damages and demanding fair compensation for the physical injury, financial loss, or emotional distress suffered due to the wrongful conduct or negligence.
Personal injury claims are mostly resolved through out-of-court settlements done after negotiations between both parties, which is usually between their insurers and attorneys. If unresolved, the victim (plaintiff) can file a lawsuit against the entity before the statute of limitation expires, which is usually two years.
Personal injury cases in Dallas are civil cases governed by the Texas Civil Practice and Remedies Code, and there are three major types of torts or wrongful acts that may lead to personal injury;
Additionally, to claim damages under each category of tort, the plaintiff will also have to provide evidence using each essential element of the claim as per the law. For instance, negligence claims require the proof:
Personal injury cases in Dallas are usually defendant-friendly, i.e., more favorable for the entity accused of causing harm. Therefore, the plaintiff should ensure that all elements are present in the case with valid proof.
According to the Judicial Statistics Report for civil cases in District and Statutory Courts, Dallas had 904 new injury cases and 12,318 injury cases on the docket in 2020. Out of the total cases, 10,363 (84.13%) were from motor vehicle accidents, and 1,682 (13.65%) were from other injuries or damages from animal attacks, slip-and-fall cases, slander/defamation, and other intentional injuries. The remaining cases consisted of 236 medical malpractice cases, 31 other professional malpractices, one asbestos/silica product liability case, and five other product liability cases. Furthermore, the statistics revealed that there were more dismissed cases than agreed judgments across all case categories.
Note: In some cases, the statute of limitation may depend on the circumstances surrounding the case and the point at which somebody noticed (or should have known) that an injury occurred.
Personal injury lawyers in Dallas represent plaintiffs and have expertise in providing legal guidance and representation in different cases. For instance, some lawyers deal with medical malpractice and car accident cases, and some deal mostly with defective products. Persons looking for a personal injury lawyer or attorney in Dallas to handle a case should do the following to ensure that the lawyer is the best fit for the case:
A personal injury lawyer in Dallas helps clients negotiate settlements and deals with legal disputes that may arise when seeking compensation for physical, financial, or emotional distress suffered. The work of a personal injury lawyer may include:
Not all personal injury cases require a personal injury lawyer. Cases with minimal injury and a reasonable settlement offer from the other party can be settled by both parties, saving the injured from legal fees. However, if there is a dispute or the injury caused considerable physical, emotional, and financial damages, a personal injury lawyer is required to represent the injured party. Different types of personal injury include:
As each personal injury case is unique, compensation for a personal injury in Dallas depends on several factors, including the extent of injuries, economic damages like medical bills or lost wages, and non-economic damages in terms of pain and suffering. Texas law also limits settlement prices in some cases, such as:
Skilled personal injury lawyers use knowledge of these and other laws to calculate or estimate what the economic and non-economic damage settlement should be for a case.
The average personal injury case is settled within one year. This may take longer or a few months depending on the case, especially the extent of damages suffered. Additionally, some personal injury cases may be related to a criminal case, and both cases cannot run simultaneously. Hence, if a civil case is ongoing, it may be suspended for the criminal case to be decided and can only resume after the criminal court disposition.
Lastly, note that it may take more time to collect the settlement. A personal injury may also provide advice on what to do if medical bills are piling up while a personal injury case is ongoing.