Accident Lawyers in Dallas, Texas
Benefits to hiring Texas accident lawyers after a mishap results in personal loss in Dallas.
Accidents are ranked as the third leading cause of death in Texas, and their occurrence may decrease a person’s quality of life and increase their living expenses. Cooper Law Firm accident attorneys in Dallas will fight for client rights to compensation for injuries and property damage loss utilizing Texas State laws that support reparation to accident victims. Texas personal injury attorneys are familiar with abrupt approaches from insurance adjusters who have a desire to close out claims before an accident victim has time to assess the total impacts to their well-being. It is important to contact legal counsel shortly after an accident to determine a case-focused approach to address losses from a mishap in Dallas Texas.
Attorneys will build a case by:
- sending investigators and reconstructionists to the scene,
- reviewing police, witness, and medical reports,
- hiring financial experts for loss valuation,
- assessing possible cause of the accident, and
- drafting and filing complicated insurance and legal documents.
Statute of limitations.
After an accident in Dallas, it is important for victims to understand that they have a limited time to take legal action against negligent parties. The Texas statute of limitations for personal injury and wrongful death actions is two years from the time of the injury, or death. Government entities require a shorter filing time at 180 days for tort claims and cap damages, depending upon the government unit involved. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident.
Damages.
Personal injury lawyers in Dallas will explain how loss valuations factor into the compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or companionship. Exemplary (punitive) damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired. After compensatory damages have been awarded, punitive damages must be sought in a separate case. Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000.
Motor vehicle.
Dallas Texas accident data from 2020 revealed 35,294 crashes with 1,088 of those accidents involving driving under the influence of alcohol, or drugs. It is best to consult with a Dallas TX accident lawyer at Cooper Law Firm shortly after an accident occurs to ascertain possible, or necessary action that may be taken to protect individuals, or their loved ones from financial and emotional devastation associated with bodily injury, property loss, and wrongful death.
Texas is a “fault state” and the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% , or more responsible for the accident, there will be no recoverable compensation. When claim fault cannot be resolved between insured parties, a court action will enable a judge, or jury to decide assigned fault. Auto accident attorneys can help with fault disputes over insurance requirements. Drivers are required to file accident reports with Texas Department of Motor Vehicles within 10 days of an accident resulting in fatality, injury, or property damage of $1,000 or more.
Personal injury.
When individuals are injured due to the action, or inaction of another person, they may be able to recover compensation when fault and/or liability can be proven for the resultant harm. The statute of limitations for personal injury cases in Dallas Texas allows two years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. A personal injury attorney can apprise individuals of any deviations from that timeline and advise accident victims on plausible damage recovery after proving a breach in the owed duty of care.
Premise liability.
Dallas accident attorneys can help victims take legal action if an injury was caused by poor property conditions, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Consultation with an accident lawyer may discover if Homeowners’ insurance will cover damages when a proper claim is filed.
Medical malpractice.
Dallas Texas medical malpractice actions occur when a person is injured while under the care of a licensed medical professional. Legal action must be filed within the two year statute for injury, but victims should always check with a medical malpractice attorney in Texas to ascertain if there are deviations from that timeline. Punitive damages are capped at either two times the amount of compensatory damages plus the non-economic damages found by a jury not to exceed $750,000, or $200,000, whichever is greater.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of a workers’ compensation attorney in Dallas Texas who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical harm, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. Legal counsel can act as an intermediary with the Texas Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
Family members, or legal representatives must file a wrongful death legal action within two years and a Texas wrongful death attorney in Dallas can assist with damage valuations and timelines relevant to each case. Compensation may cover medical expenses for treatment up until the time of death, funeral and burial expenses, lost wages, pain and suffering, and punitive damages.
Competent legal counsel at the Cooper Law Firm can objectively speak on a Dallas accident victim’s behalf in a courtroom, and work toward damage recovery.
Cooper Law Firm
N. Eric Cooper
Address: Dallas, TX
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035
Sources.
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
https://statutes.capitol.texas.gov/docs/TN/htm/TN.550.htm
https://www.txdot.gov/inside-txdot/division/traffic/law-enforcement/crash-records.html
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm
https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
