The first step is talking to a lawyer. If you suffered a serious personal injury, you have an important choice: finding an attorney who can not only fight for your rights but help you recover the financial compensation you truly deserve. At Crain Lewis Brogdon, LLP, we know there are a lot of personal injury lawyers in Dallas. That’s why we provide legal guidance that truly sets us apart from the competition. To see how our law firm can serve you, contact Crain Lewis Brogdon, LLP today at (214) 301-5007 and ask about our free consultations.
We don’t just represent our clients; we want to help them gain a full understanding of their legal rights and options. Keep reading for additional information about personal injury laws, claims, and lawsuits.
“Do I have a case?” is one of the first and most common questions asked by victims of avoidable accidents. In short, a personal injury claim or lawsuit refers to legal action against the entity responsible for your damages. However, a legitimate personal injury case involves certain factors, like evidence, establishing your case, and presenting it in a way that proves the other party committed negligence. That’s where our Dallas personal injury lawyers come in.
The Elements of a Personal Injury Claim or Lawsuit in Dallas
- Duty of Care – When you operate a vehicle, you are responsible for the safety of passengers and other drivers. This is called duty of care. Similarly, doctors owe duty of care to their patients; businesses owe duty of care to their employees / customers; companies owe duty of care to their consumers. Any violation of this obligation is negligence.
- Breach of Duty – Your case doesn’t stop at duty of care. You have to prove the other party broke this responsibility. You may need to prove the other driver was texting behind the wheel, or that a manufacturer produced a dangerous, defective product. In some cases, breach of duty involves inaction, such as a doctor who negligently fails to prescribe medication for an illness.
- Causation – Negligence and damages aren’t enough to recover money for your injuries. In addition to proving negligence, you also have to show the responsible party was not only negligent but caused your damages. Without this factor, your injury and the negligence are disconnected.
It depends. In some cases, we can resolve your claim outside of trial. Other times, taking your case to trail is the best option. The important thing to remember is that every case is different, and whether or not your case will go to court depends on the unique circumstances surrounding it.
Automobile accidents are one of the most common forms of personal injury. Not every car accident merits a lawsuit, but a large portion of personal injury-related legal matters start with a traffic accident, such as a car crash, motorcycle accident, auto defect, or truck accident.
Our Dallas personal injury attorneys handle a wide range of personal injury cases, including:
- Mesothelioma Cases – Mesothelioma is a specific form of cancer, typically linked to asbestos exposure. Mesothelioma cases are often complex and may transpire many years after the initial exposure occurred.
- Workplace Accidents – Your employer is obligated to provide a safe work environment, free of unnecessary hazards and risks. If you suffered an injury on the job, you can seek compensation for your damages.
- Medical Malpractice – Medical malpractice is a serious form of negligence and occurs when a medical professional (such as a surgeon, nurse, or doctor) causes serious injury or illness through professional negligence.
- Nursing Home Abuse – Nursing homes abuse is a violation of basic, human rights. Speak with an attorney immediately if you suspect your loved one is a victim of physical, sexual, emotional, or financial abuse in a care facility.
- Premises Liability – These types of injury claims have become increasingly difficult to win under Texas law, but if you have been seriously injured due to a property owners negligence or misconduct, you are entitled to compensation.
A personal injury claim or lawsuit seeks “compensatory damages.” This means you are pursuing money to compensate your injury and noneconomic suffering. Your claim depends on a variety factors, primarily the extent of your financial and noneconomic damages. Calculating this sum can be tricky, though.
Accidents are subject to a statute of limitations – a window of opportunity. After the statute of limitations expires, you cannot legally pursue compensation for your damages. In Texas, the statute of limitations for a personal injury is two years. According to Tex. Civ. Prac. & Rem. Code § 16.003(a), “a person must bring suit for…personal injury…not later than two years after the day the cause of the action accrues.”
Mesothelioma cases are an exception to this law. In Tex. Civ. Prac. & Rem. Code § 16.0031(a), the two-year statute of limitations for asbestos-related illness begins on one of two dates (whichever is earlier):
- The date of the victim’s death
- The date the claimant serves a physician’s report to the defendant
Product liability claims are not subject to the same restrictions as typical personal injury lawsuits either. Under Tex. Civ. Prac. & Rem. Code § 16.012, the law states that a claimant cannot bring legal action against a manufacturer more than 15 years after the sale of the product. Additionally, the claimant is not allowed 15 years to seek damages if he /she discovered a defect in the product but continued using it.
Meeting with an attorney is the first step toward compensation. If you’ve sustained damages or the loss of a loved one in Dallas, contact our personal injury attorneys today. Every case is different, and you can learn more about your options when you discuss your case with a legal professional. In your first consultation, you can discuss the following information with a lawyer: how to proceed with your case, whether you have a valid claim, how much your case may be worth, etc.
Should you decide to move forward, you enter the discovery and fact-finding phase. During this time, your lawyer will begin to uncover important facts and information about your case. This might include an in-depth investigation of the accident scene, identifying the responsible party / parties. Generally, the discovery process is a time to establish the basic facts of your case and create a strategy to pursue full and fair compensation for your injury and / or other damages.
Many personal injury cases never go to trial. In fact, most personal injury cases “settle” before they make it to trial. If we are satisfied with the outcome of your settlement, the case ends here. If you are unsatisfied with the defendant’s settlement, the case moves to trial. Like any trial, personal injury lawsuits involve witness testimony, jury selection, opening and closing statements, etc. If you are unsatisfied with the outcome of the trial, you may be able to appeal your case.
The lawyers of Crain Lewis Brogdon, LLP, are proud of our philosophy that effective representation for your catastrophic injury or wrongful death claim takes hard work and a dedication to truly caring about your needs. There is no secret to our success. We work hard to discover the individual and family behind the injury. Senior partner Rob Crain has received the AV Rating* from Martindale-Hubbell and is listed in the guidebook Best Lawyers in America**.
Our attorneys are committed to delivering the highest quality legal representation in courts throughout the state of Texas. We have the experience and skills you can rely on with confidence to help you recover the full amount of damages you may be entitled to in a settlement or jury award.*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.
*Best Lawyers in America is a peer review publication whose designations are based on the opinions of other attorneys.