Dallas Personal Injury Lawyers
Personal Injury Laws in Texas
Serious car accidents, commercial truck collisions, slip and falls, and other injury-causing incidents frequently lead to significant physical, emotional, and financial challenges for victims and their families. When someone else is to blame, you shouldn’t have to face these challenges on your own.
Under Texas personal injury laws, you have the right to seek financial compensation for your economic and non-economic losses, or “damages,” when someone else causes you injury. While you are not required to hire an attorney to file your claim, it is strongly recommended that you do. Insurance companies and other liable parties aggressively fight these claims; you need someone who will fight just as tirelessly for you and your rights.
At Mike Slocumb Law Firm, we represent clients in Dallas, Fort Worth, and all of the surrounding areas in a wide range of complex personal injury matters. With decades of experience and more than half a billion dollars in compensation recovered for our clients, we have earned a reputation as one of the area’s leading personal injury law firms. Our attorneys offer compassionate, client-focused counsel and uncompromising legal representation, both in and out of the courtroom.
Learn how our Dallas personal injury lawyers can help you and your family get back on your feet after a serious accident or injury; call (469) 214-6515 or contact us online for a free consultation.
What Is Considered “Personal Injury” in Texas?
In Texas, a “personal injury” is any type of bodily injury that results from someone else’s negligent or wrongful conduct, malpractice, or default. Essentially, if you were injured due to the conduct of another person or party, you likely have a personal injury case.
As the person bringing the claim, or the “plaintiff,” you have the burden of proof. This means that you are the one responsible for proving your case against the other party, or the “defendant.”
To prove your personal injury case, you must prove that:
- The defendant had a legal responsibility to take certain actions to prevent causing injury and/or avoid certain actions that could cause foreseeable harm (“duty of care”)
- The defendant failed to uphold their legal responsibility (“breach”), whether through negligent or wrongful act or omission
- You were injured and suffered measurable damages for which you can be compensated, such as medical expenses, lost income, and pain and suffering
- The defendant’s negligent or wrongful act or omission was the proximate cause of your injury and resulting damages
- If you were partly at fault for the injury-causing event, your percentage of fault did not exceed that of the defendant (i.e., you were not more than 50% at fault)
As your legal team, we work with accident reconstructionists, economists, medical professionals, and other experts to establish how the injury-causing event occurred, the nature and severity of your injuries, the extent of your damages, and who is liable. Our attorneys know how to build solid, evidence-based claims, and we are not afraid of taking on big, powerful insurance companies, manufacturers, property owners, and other liable parties in our pursuit of justice for our clients.
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“Attorney Lowell Moore was awesome in the whole process! He kept us included in every move made for our accident/injury case. Never had an issue with communication and he really showed us he cares about his clients!!!”
Texas is not a no-fault state when it comes to personal injury claims. Instead, Texas follows a traditional “tort,” or fault-based, system. Under this system, injured parties must generally prove that someone else was at fault for the accident or incident that caused their injuries.
Notably, under the state’s modified comparative negligence rule, the injured party does not need to prove that the defendant was entirely at fault for the injury-causing event, only that they were mostly at fault. Texas allows you to file a personal injury claim if you were partly at fault, as long as your percentage of fault does not exceed that of the other party. However, if you are found to be partly to blame, you cannot recover the full amount you are seeking in damages.
For example, if you were injured in a car accident and suffered $10,000 in damages, but the insurance adjuster and/or court finds that you were 30% to blame for the crash, you would only be able to recover up to 70% of the total amount, or $7,000. As you can see, being found partly at fault can reduce your recovery by thousands—or even tens of thousands—of dollars. It is very important that you work with an experienced attorney who can advocate for your rights and fight back against the insurance company’s efforts to devalue your claim.
Like other states, Texas has a statute of limitations, or filing deadline, for personal injury lawsuits. In Texas, the statute of limitations on nearly all personal injury lawsuits is two years from the date of injury. However, if the injury could not have been discovered right away, the statute of limitations may be deferred to two years from the date on which the injury was discovered or reasonably could have been discovered (known as the “discovery date”).
There are very few exceptions to the two-year filing deadline. If the statute of limitations expires before you file your claim in court, you will most likely lose your right to sue the liable party for damages.
We encourage you to reach out to our Dallas personal injury attorneys as soon as possible after an accident or injury. The sooner we can investigate your claim and begin building your case, the better. Our team is happy to answer your questions and address any concerns you may have during a free and confidential consultation.
There are no fees for you unless/until we win your case. Call (469) 214-6515 or reach us online to request a complimentary case evaluation today. Hablamos español.