Personal Injury Lawyers In Dallas Texas
Personal Injury
Common Types of Personal Injury Cases
Car Accidents:
When a personal injury claim is related to injuries from a car accident, it’s important to determine the cause and fault of the accident. Human errors are the most common cause of crashes and accidents. Often, the other driver caused the accident due to distracted driving, speeding, driving under the influence, or aggressive driving.
Additionally, there may be other causes of an accident, such as weather conditions, potholes in the road, vehicle failures, passenger distractions, pedestrians, and more. All of these potential causes need to be considered in order to determine who is at fault for the accident.
In a personal injury case, not only do causation and fault need to be determined, but it is also important to establish the extent of injuries sustained from the accident. The most common injuries include:
- Whiplash
- Traumatic Brain Injury
- Concussion
- Bone Fractures
- Soft Tissue Injuries
- Back Injury
- Neck Injury
- Nerve Damage
- Paralysis
- Internal Injuries
- Strains and Sprains
- Death
Slip and Fall Accidents:
The term “slip and fall” refers to personal injury cases when an individual is injured due to tripping or slipping on someone else’s property. These claims fall into the category of “premises liability,” which means the property owner may be held legally responsible since the accident happened on property owned or maintained by that person.
Many dangerous conditions can contribute to the risk of a slip and fall, including:
- Changes in Flooring
- Damaged Carpeting
- Narrow Stairs
- Poor Lighting
- Tripping Hazards on the Floor
- Wet Floor
- Cracked Sidewalks
- Icy Sidewalks
- Potholes in the Ground
Medical Malpractice:
Medical errors are the third leading cause of death in the United States, accounting for more than 250,000 deaths each year. When an act/omission by a healthcare professional injures the patient, it might be grounds for a medical malpractice case. Medical malpractice can also occur if the physician’s treatment deviates from the typical norms of practice for the patient’s diagnosis. This type of professional negligence is governed by tort law to protect the patients.
Negligence in medical malpractice cases occurs when medical providers fail to meet their professional obligations. The results might be a lack of sufficient treatment for the patient, injury to the patient, or even accidental death in some cases. The most common types of medical malpractice cases include:
- Misdiagnosis
- Delayed Diagnosis
- Prescription Drug Errors
- Anesthesia Errors
- Birth Injuries
- Failure to Treat
- Failure to Prevent Infections
- Surgical Errors
Workplace Accidents:
When an unforeseen condition or event causes an employee to be injured, it might be grounds to pursue a claim for personal injury. Workplace accidents can happen in the normal course of business, potentially causing physical and/or mental harm, including disease, injury, and even death. Depending on the circumstances, employers can be found liable for negligence, especially when the injury-causing conditions could have been prevented.
Examples of workplace accidents include slips and falls, poisoning, repetitive motion injuries, transportation accidents, or attacks from other humans or animals. Common causes of workplace injuries include lifting, fatigue, dehydration, hazardous materials, workplace violence, poor lighting, stress, trips and falls, and more.
Workers’ Compensation is a form of business insurance that offers medical care and/or cash benefits for employees who are injured on the job. Filing a Workers’ Compensation claim is how the employee can seek compensation for their injuries.
Sometimes, third-party liability is determined in workplace accidents, which might mean that another party can be named in the lawsuit. This refers to injury caused due to another person’s reckless or negligent actions or omissions.
Filing a third-party claim is only possible if someone other than the employer or a coworker caused the injury. Examples of third parties might include on-site contractors or subcontractors, other companies, or product manufacturers.
Practice Areas
- Car Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Workplace Accidents
- Fault in Personal Injury Cases
- Economic Damages
- Non-Economic Damages
- Punitive Damages (if applicable)
- Breach of Contract
- Partnership Disputes
- Intellectual Property Disputes
- Employment Disputes
- Commercial Litigation Process
Steps to Take After a Personal Injury
Several important steps should be followed if you are the victim of a workplace accident. Keep in mind that these steps not only ensure that you receive necessary medical care for your injuries, but they also help by increasing the likelihood of receiving compensation for these injuries.
If you are injured on the job, then make sure to follow these steps without delay:
- Seek Medical Attention
- Document The Incident
- Report The Incident
- Gather Evidence and Witnesses:
Determining Liability in Personal Injury Cases
Specific processes are followed by the courts or an insurance company when determining liability in personal injury cases. Then, the at-fault party will need to answer for their actions since they are liable for the damages relating to a person’s injuries.
Liability depends on the state liability laws and the determination of who is responsible for the accident. It might be determined that a party is fully at fault for the accident. Or, multiple parties can share financial responsibility and liability.
Negligence might be determined based on a person’s failure to deliver duty of care. If the other party failed to act in accordance with reasonable standards of care and caused injury, then you might have grounds for a personal injury case. You must be able to prove the suffering of harm or loss as a result of the negligence.
Proving Negligence in Personal Injury Cases
- Duty: The wrongdoer had a duty of care for the victim.
- Breach: That person breached their duty.
- Cause: The breach of duty resulted in injuries.
- Damages: The victim suffered damages from these injuries.
Comparative Fault in Personal Injury Cases
It can be challenging to identify who is to blame in many situations. So, the comparative fault might come into play. This type of fault determines damages based on the negligence of all parties involved in the accident. Even if a victim shares a portion of the fault in the injury, they can still be awarded compensation – but the determined percentage of fault reduces the award.
For example, if it is determined that the injured person should receive $10,000 in damages, but they were at 80% fault for the accident, then they would only be awarded $2,000.
Compensation in Personal Injury Cases
Compensatory damages are designed to help a victim return to a financial place they would have been in if the injury had never occurred.
As part of the personal injury claim, the goal is to determine a dollar amount for the person’s injuries. There are several types of potential economic damages in personal injury cases.
- Medical Expenses: Compensation for medical care necessary for the injuries, including doctor’s appointments, treatments, medications, hospital bills, physical therapy, and more.
- Lost Wages: If the victim was unable to work as a result of the injuries, then lost wages might be available to cover the amount of money they would have earned had they been working during this recovery time.
- Property Damage: Any assets or property damaged in the accident should be assessed. Property value is determined at fair market rates when the injury happened. The property might include damage to the person’s car, house, or anything else of value.
- Pain and Suffering: Damages for the physical pain experienced by the victim.
- Emotional Distress: Debilitating injuries can cause fear, frustration, and an impact on the overall quality of life.
Punitive Damages (if applicable)
The purpose of punitive damages is not to provide compensation for the victim but instead to punish the party at fault. Ultimately, the goal of punitive damages is to deter others from making the same mistakes. Punitive damages only apply when the defendant’s conduct is especially outrageous or egregious. Punitive damages are not always awarded in every personal injury case. Excessive punitive damage awards are avoided by limiting punitive damages to less than 10x the amount paid in compensatory damages.Importance of Hiring a Personal Injury Lawyer
There’s no question that hiring a personal injury lawyer when you are building a case can be a good investment. Here are just a few of the benefits you can expect from these legal services:
- Legal Expertise and Experience
- Investigation and Evidence Gathering
- Negotiation Skills and Settlements
- Courtroom Representation and Trial Experience
Choose the Right Personal Injury Lawyer
Assessing Experience and Track Record:
Client Testimonials and Reviews:
Communication and Accessibility:
Request a Consultation
Frequently Asked Questions about Personal Injury
Hiring a Personal Injury Attorney
Rest assured, knowing that personal injury law is designed to protect victims, providing access to compensation for damages that result from an injury.
If you or a loved one has been injured, then it is important that you seek legal assistance as soon as possible so you can understand your options for filing a personal injury claim.
The sooner our team starts working on your case, the higher the likelihood that you will be able to maximize available compensation.
Consulting with a personal injury attorney not only ensures that you can pay the medical bills but additional damages might be available to cover property damage, pain and suffering, emotional distress, and more.