Dallas residents are injured every day by the negligent actions or wrongdoing of others. If you have suffered damages due to the fault of another party, you have the right to seek compensation to cover your medical expenses, lost wages, pain and suffering, and much more. Determining who is at fault is one of the first and most important steps to take after an injury. You must have the guidance and representation of a skillful Dallas personal injury attorney to assess the facts and help determine what parties are liable for your injuries. They will evaluate your case, explain your options, and help you recover the maximum compensation you deserve. Your Dallas personal injury lawyer will attempt to negotiate a fair settlement on your behalf. However, if a fair settlement is not reached, your attorney will file a personal injury lawsuit on your behalf and aggressively fight to get you the compensation you are owed.
Your Legal Rights After a Personal Injury in Dallas, Texas
If you have been injured by another person’s negligence or wrongdoing, you need to know your rights. In Texas, you have the right to seek compensation for your injuries by personal injury claim or suit. You may be able to recover for your current and future medical expenses, pain and suffering, lost wages, and much more. You should seek the advice of a qualified Dallas personal injury attorney to understand your rights and options. At Bush & Bush Law Group, we are ready to listen to you, answer your questions, explain your rights, and help you seek all the compensation you deserve.
How Long Does a Personal Injury Lawsuit in Dallas Take?
Every personal injury case is unique and the specific facts of your case will determine how long it takes to settle or litigate your claim. Some cases may settle within weeks while others take years to be resolved. However, certain steps are usually included in a personal injury lawsuit.
- Meet with a Dallas personal injury attorney. In the initial free consultation, your attorney will listen to you explain the circumstances of your accident. They will answer your questions, ask questions of their own, and advise you of your legal options.
- If you retain their services, the Dallas personal injury lawyer will begin investigating and building your case. They will gather evidence, and consult with any necessary expert witnesses such as medical doctors or accident reconstructionists. This stage could take a few weeks or months.
- If your attorney believes your case can be settled fairly, they will submit a demand letter to the liable party or their insurance company to begin the settlement negotiation process. This stage will not happen until the full costs of your injuries and damages have been properly calculated. The letter will outline your claim and request compensation to cover all of your losses.
- Settlement negotiations begin. Usually, the insurance company will deny your claim or make a counter-offer to your demand. Your knowledgeable Dallas personal injury attorney will smoothly negotiate with the at-fault parties to try and achieve a settlement that reflects the full compensation you are entitled to.
- If settlement negotiation is not successful, your attorney will file a lawsuit on your behalf. Of course, a settlement may still be reached after the suit is filed.
- Discovery will be conducted by both parties. This involves both parties asking for information and documents from the other and may include taking depositions of the parties and witnesses, including expert witnesses. This phase may take several months to a year. Discovery is a tool that each side can use to know what evidence exists and to learn details that may be to their benefit.
- If your case is not settled or resolved, your case will be scheduled for trial. Most cases are resolved through settlement negotiations, however, a small number will be decided by trial. The trial could last a few days or much longer, depending on its complexity. Both sides will present opening statements and then put on their case by presenting witnesses and introducing evidence. The opposing side will be able to cross-examine witnesses. After both sides have presented their case, they will give closing arguments. Then, the court will provide instructions to the jury and the jury will begin deliberation and return a verdict.
- If you are successful at trial, you may be awarded compensation for your losses. Most of the time, the defendant’s insurance company will pay the judgment ordered by the court. In some cases, the defendant will pay the judgment amount out of pocket. Sometimes, the defendant will refuse to pay the judgment and you will need to take additional steps to find their assets and pursue collection.
- Either party can take an appeal from the jury’s verdict. You will need a strong Dallas personal injury attorney who can handle your case from start to finish, including any appeal process.
Each case is unique and there is no easy answer to the question, “How long will my case take?” It depends on many factors. However, once your attorney knows all the facts of your case, they may be able to provide a better idea of the likely time frame of your case.
Important Laws for Personal Injury Lawsuits in Dallas
There are numerous Texas laws important to your Dallas personal injury lawsuit. Some of the most important ones are the laws regarding statute of limitations, comparative negligence, and damages.
Statute of Limitations
The Texas statute of limitations for personal injury claims is two years from the date of your injury. If you fail to file within this time frame, you will not be able to pursue damages. However, there are some exceptions to the two year rule. For example, in some medical malpractice cases the statute of limitations may not begin to run until you become aware of your claim. Another exception is for asbestos and silica cases. The statute of limitations begins to run when the victim either dies or serves the defendant with a report. It is important to seek the guidance and representation of a skillful Dallas personal injury attorney right away. You do not want to miss your deadline for filing. Additionally, important evidence could be lost or diminished if it is not gathered and preserved quickly. The sooner you contact Bush & Bush Law Group, the sooner we can begin protecting your right to receive maximum compensation.
Modified Comparative Negligence
Texas uses a modified comparative negligence rule to determine liability and damages. Under this law, you can still recover damages if you are partially at fault in the incident that caused your damages as long as you are less than fifty-one percent at fault. However, your compensation will be reduced by the percentage of fault assigned to you. THis means that if you were awarded $100,000 in damages but were found to be 20% at fault, your compensation would be reduced by 20% and you would only receive $80,000 rather than the full $100,000. It is important that you have the guidance of a dedicated Dallas personal injury attorney to best explain how this rule may impact your case.
Recoverable Damages
In Texas you may be able to recover three types of damages: economic, non-economic, and punitive/exemplary. Economic damages are those for your current and future medical bills, lost wages, and other expenses caused by your injury. Non-economic damages are those for your pain and suffering, emotional distress, loss of enjoyment of life, and other damages that are not easily calculated. Punitive/Exemplary damages are only allowed in cases where you can prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. This is not an easy burden to prove. However, in the rare cases you can prove a case for punitive damages, it can significantly increase the amount of compensation you receive. Accurately calculating your damages and the value of your claim is not a simple matter. It requires the knowledge and skill of an experienced personal injury attorney.
Contact Bush & Bush Law Group Today
If you have been injured in a Dallas accident, our Dallas car accident attorney would like to help you. At Bush & Bush Law Group, we will listen to your story, answer your questions, explain your options, and aggressively pursue the justice and maximum compensation you deserve. Call us today to schedule a free consultation at (469) 977-7777 or visit our website’s contact page.