Dallas Personal Injury Lawyers

Being injured in an accident is terrible, and dealing with insurance and legal questions afterward only multiplies the stress. But with Dallas personal injury lawyers at your side, your case will proceed more smoothly so you can focus on recovering.

Your personal injury lawyer is dedicated to fighting for your legal rights and maximum compensation from the negligent party. Whether you suffered head and neck injuries, burns, internal trauma, or broken bones, your Nix Patterson lawyer will be your fiercest advocate.

If someone injured you or a loved one recently, a Dallas personal injury lawyer at Nix Patterson may help you receive compensation for medical bills, pain and suffering, and lost earnings. Learn more below about Dallas personal injury cases, how to prove liability, and how your lawyer can assist you.

What Is a Personal Injury Case?

If you’re injured because of another party’s negligence, you can file a personal injury claim to receive compensation for your injuries and other losses.

A personal injury claim is a type of civil action that can be filed by someone who was injured by another person or entity. Texas law states that you may qualify for a settlement from the negligent party if you’re injured because of someone’s negligence.

For example, if someone runs a red light in Dallas at TX-12 Loop and Military Parkway and hits the left side of your car, you can file a claim against that driver or their auto insurance provider. You might handle a minor accident without an attorney. But for more serious accidents and injuries, retaining a Dallas personal injury lawyer is strongly recommended. Your attorney is paid from the settlement and can be invaluable in proving fault and obtaining the most money for your losses.

To win your personal injury case, you and your lawyer must prove that the other driver caused the accident and your injuries. After liability is proven, the at-fault driver’s insurance company may offer to settle the case. Your attorney will negotiate for the most money, but they can file a lawsuit on your behalf if negotiations stall. Then, the case would go through discovery and eventually go to trial before a Dallas jury.

Your lawyer will advise you if an insurance settlement offer is fair compensation and if you are better off taking it or going to court.

Types of Personal Injury Cases

There are many common personal injury cases in Dallas. They are:

Auto Accidents

Auto accidents are the most frequent personal injury cases in Dallas and nationwide. It’s estimated there are at least 6 million motor vehicle accidents annually in the United States, resulting in 3 million injuries and 40,000 deaths. In Dallas, auto accidents are common at the following intersections:

• IH-635 and Hillcrest Road
• IH-635 and Skillman Street
• Belt Line Road and Dallas Parkway
• TX-12 Loop and TX-348 Spur

If you were hurt in a car accident through no fault of your own, you could receive compensation in a personal injury claim. This includes passenger cars, large trucks, bicycles, motorcycles, and pedestrians. In Texas, the at-fault party’s insurance company must compensate the injured party for medical bills, pain and suffering, and lost earnings.

Common car accident injuries that may result in substantial compensation are:

• Neck and whiplash injuries. A sudden jolt from the accident can strain and sprain the neck’s soft tissues. These injuries are hard to detect on imaging scans, so the insurance company may be skeptical. But your Nix Patterson attorney knows how to argue for the most compensation for these painful injuries.
• Back injuries. The violent impact can cause ruptured discs, sprains, and strains in the back.
• Head injuries. Bumps or jolts to the head can cause concussions or brain swelling and bleeding. In the worst cases, these injuries may cause brain damage or death. If you suspect you suffered a blow to the head in a car accident, get immediate medical treatment.
• Broken bones. Fractures in car accidents are common to the limbs, ribs, and collar bone.
• Internal injuries. Damage to the organs and internal bleeding can be fatal if not caught in time.

Slip-and-Fall Accidents

Slip-and-fall injuries are also common in Dallas. These accidents can happen almost anywhere, including retail stores, parking lots, sidewalks, apartment buildings, grocery stores, and personal residences. You may have a personal injury case if you’re hurt in a slip and fall because of the property owner’s negligence.

The property owner or manager is responsible for keeping the premises in a safe condition that doesn’t injure guests and visitors. This generally means cleaning wet floors, ensuring safe flooring, clearing sidewalks of ice and snow, and having adequate lighting to avoid tripping hazards. If your attorney proves that the slip and fall was because of a hazardous condition, you could receive a settlement.

Job-Related Accidents

Workplace accidents comprise a sizable number of personal injury cases. The Bureau of Labor Statistics reports that private employers reported at least 5,000 job-related deaths in 2019, with millions of serious injuries. Common types of job-related injuries that could result in compensation are:

• Slips, trips, and falls
• Equipment and machinery accidents
• Repetitive stress injuries

A job-related injury usually leads to a no-fault workers’ compensation case. Your Nix Patterson attorney can review your case to determine if you have a workers’ comp claim. In limited cases, filing a personal injury lawsuit against the employer may be possible.

Medical Malpractice Claims

A medical malpractice case is a type of personal injury claim that arises when the patient is harmed by a doctor’s or facility’s negligence. These are complicated cases requiring a skilled medical malpractice attorney. Common kinds of medical malpractice cases in Dallas are:

• Errors in treatment or diagnosis
• Surgical mistakes
• Not obtaining informed consent
• Medication errors

Product Liability Claims

A product liability claim may be filed if a defective or improperly designed product injures you. Common types of product liability cases involve defective drugs, medical devices, toys, automobiles, and power tools. These cases also may be filed if a product lacks appropriate warning labels or instructions.

Dog Bite Claims

Dog bites and attacks are another common type of personal injury case. The owner may be liable for injuries if an animal attacks and bites you. There are approximately 4.5 million dog bite cases per year, with children being injured most often.

Compensation in Dallas Personal Injury Cases

Damages in Dallas personal injury cases usually fall into economic and non-economic damages. Economic damages are intended to pay for your financial losses from an accident. These include:

• Medical bills. Your medical expenses will vary based on the severity of the injury and can include hospitalization, ER medical care, surgeries, doctor’s appointments, prescriptions, mobility and medical equipment, and physical therapy.
• Loss of income. You may not be able to work while recovering, so you should be compensated for your loss of wages. You also may receive loss of future earning power if you have severe, life-changing injuries.
• Property damage. You may be eligible for compensation if your vehicle was damaged or totaled in an accident.
• Other out-of-pocket expenses. You also may receive compensation if you need to pay for housekeeping or home health services during your recovery.

The other type is non-economic damages. Non-economic damages in a personal injury claim are the personal and emotional losses you suffered. These damages are subjective and are open to interpretation. Your attorney will argue for the most non-economic damages:

• Pain and suffering. You can receive compensation for the physical discomfort caused by your injuries and medical treatments.
• Emotional and mental trauma. If your injuries are serious and emotionally traumatizing, you also can receive just compensation for this loss.
• Loss of quality of life. Serious injuries may reduce your quality of life for months, years, or permanently.
• Scarring and disfigurement. If you suffer permanent disfigurement, you could be compensated.

How much you receive in a personal injury case varies widely. Some cases may be worth a few thousand dollars, and others could be valued at six, seven, or even eight figures. Determining factors in your case value are:

Who Was at Fault

Who was at fault in the accident will greatly impact the size of your settlement or award. If you were hurt in a Dallas car accident and the other driver was completely at fault, you would get more compensation than if you were partially to blame.

If your Nix Patterson attorney proves that the other person caused the accident, you will get more for your personal injury case.

Severity of Injuries

The kind of injuries you suffered and the nature of the incident also can increase the money you receive. People with more severe personal injuries typically receive higher settlements. If a commercial truck slams into the side of your car and severely injures you, hospitalization, surgery, and rehabilitation may be necessary. This theoretical case would be more valuable than if you only suffered whiplash in a minor accident.

Comparative Negligence

State law says an injured party can file a personal injury claim even if you were partially at fault for the accident. Your settlement would be reduced according to your degree of fault. For example, if you were 20% at fault for a car accident and had $10,000 in damages, your settlement would be $8,000.

How Is Fault Determined In Dallas Personal Injury Cases?

Deciding who was liable for the accident is critical to the compensation received in the case. In a motor vehicle accident, Texas is a fault state, meaning that the victim must file a claim with the liable party’s insurance company to receive compensation. However, you must prove fault conclusively.

Sometimes fault is challenged, especially in auto accidents. You and your attorney must prove the following elements to receive compensation:

• The driver had a duty of care to drive safely and not injure other motorists and pedestrians.
• The driver violated the duty of care by speeding, driving recklessly, driving under the influence, etc.
• You were injured because the other driver violated their duty of care.
• You have damages that you can be compensated for in a claim or lawsuit.

There are several types of evidence the insurance company may review to determine liability for a car accident:

• Report from law enforcement
• Surveillance video from nearby businesses, if available
• Photos and video of injuries, crash scene, and car damages
• Testimony from eyewitnesses
• Expert witness testimony, if needed

The police report may indicate who was at fault for the accident, but not always. If the liable driver is cited in the police report, this will be helpful for your personal injury case.

The insurance company will review all accident evidence to determine fault. The other driver’s insurance company may accept or contest blame depending on the situation. They may offer a settlement for your injuries and other damages if they accept liability. You should have a Nix Patterson attorney handle negotiating with the insurance company so you get the most money.

Remember that in some accidents, there could be more than one at-fault party. For example, if a driver hit you in a Dallas intersection and was working at the time, the respondeat superior legal theory may apply. This means ‘let the master answer’ in Latin, meaning that an employer may be liable for their employee’s negligent actions. This important legal theory may allow you to sue the employer, who may have deeper pockets than the driver.

However, the driver must have been working when the accident happened. For example, if an Amazon delivery driver hits your car, the Amazon company may also be liable if the driver was actively working when the accident happened. But if the driver was on his way home from work and not engaged in deliveries at the time, respondeat superior doesn’t apply.

How a Dallas Personal Injury Attorney Can Help You

Whatever type of accident you had in Dallas, you may have huge medical bills, lost earnings from being out of work, and pain and suffering. Hiring a Dallas personal injury attorney to get the most money is usually a smart decision. Several ways an attorney will aid your case include:

• Handling settlement negotiations with the insurance company
• Help you prove your level of pain and suffering
• Determine who was at fault and prove it to the insurance company or jury
• Employ expert witnesses and private investigators, if needed
• Advise on legal options, including whether a settlement is fair
• File a lawsuit, if needed, and represent you in court
• Fully value your personal injury claim
• Provide legal advice during negotiations, mediation, and trial
• Dedicate their time and energy to your case so you can focus on getting better

Also, your attorney may be able to assist with medical expenses. They may have access to a list of Dallas healthcare providers who offer care on a contingency basis. This means you might receive medical care with delayed costs until the case is resolved.

Statute of Limitations for Dallas Personal Injury Claims

You only have a limited time to file a personal injury claim in Dallas. State law says you have two years from the accident date to file. So, you should speak to an attorney promptly to initiate your case.

Speak to a Dallas Personal Injury Lawyer Today

Did someone injure you in a Dallas accident? You may be entitled to compensation in a personal injury case. Our Dallas personal injury lawyers can prove who was at fault and maximize your compensation. Contact our Dallas personal injury attorneys now for a complimentary legal consultation.