Dallas Accident and Injury Lawyer
2911 Turtle Creek Blvd. Suite 300
Dallas, TX 75219
Call (214) 307-0000
When someone is injured or suffers damage to their personal property or
possessions, the civil law of the State of Texas says that the injured
party has the legal right to demand compensation from the party that caused
If these two parties can arrive at a mutually-agreed to resolution to the
payment of damages, then the issue is resolved and all is well. However,
if the parties cannot come to an agreement it may be necessary to bring
When a lawsuit is filed, the person who files the lawsuit is called the
plaintiff and the person who is being asked to pay damages is called the
defendant or the respondent. The plaintiff will set forth the facts of
the incident for which they are seeking damages and the amount or type
of damages sought from the defendant. The defendant will then respond
with reasons why they should not pay damages.
If a personal injury or damage to property lawsuit is filed, the central
question is how much damages are to be paid by the liable party. The damages
requested can also seek payment for other factors such as but not limited to:
• medical expenses
• physical “pain and suffering” caused by an injury
• emotional distress or psychological trauma suffered by the accident victim
• lost wages or other income that resulted from an injury
• exemplary, or “punitive,” damages
After a lawsuit is filed the attorneys for both sides will often attempt
to resolve their clients’ differences without having to go to a
trail before a jury. If this can be arranged, the lawsuit is settled and
both parties go their separate ways. If a lawsuit goes to trial, it is
the jury that will decide the issue of compensation.
Texas civil law has adopted what is known as the “Modified Comparative
Fault – 51% Bar Rule.” In simplest terms this means that a
party who is found to be more than 51% at fault in an accident cannot
recover damages for an injury, but can recover if they are found to be
50% or less at fault, but their damage award will be reduced by their
percentage of contribution to the accident.
There Are Time Limits On Accident and Injury Lawsuits In Texas
The State of Texas places certain time limits, called statutes of limitations,
on when a lawsuit for accidental and personal injuries must be filed.
In most cases, personal injury lawsuits that are filed in Texas must be
filed within two years of the date of injury or the date the injury was
discovered or the lawsuit will most likely be dismissed.
Exceptions to the two-year rule are found in the case of medical malpractice:
• the two-year time period begins on the day that the act of malpractice
was first discovered or should have been discovered
• if the injury occurred during a continuous course of treatment
or therapy, the two-year period begins on the last day that treatment
or therapy was provided, unless the injury was known or should have been
known at an earlier date.
• regardless of the date the injury or when the injury became known,
a medical malpractice case cannot be filed after 10 years
There can be certain exceptional cases where the statutes of limitations
could be altered. These situations should be discussed with an attorney
who has experience in Texas legal practice and procedures.
Contacting a Dallas Accident and Injury Lawyer
Since accident and injury law can be a complex subject for those without
experience or training in the legal system, the best way to learn if you
have the grounds to file an accident or injury lawsuit is to contact a
Dallas accident and injury lawyer who will advise you on these important matters.
In the DFW area, the accident and injury attorney at the Doan Law Firm
can usually answer your questions on these and other legal questions with
no more than a single telephone call. When you call our Dallas accident
and injury attorney at (214) 307-0000, your first consultation is always
free and does not obligate you in any way.
Should we determine that you indeed have a case, and you decide to have
us represent you, we will never ask you for any fees or charges. At the
Doan Law Firm we are willing to assume responsibility for any and all
expenses necessary for us to win your case in exchange for a previously
agreed-upon percentage of the final settlement of your case.
The Doan Law Firm 2911 Turtle Creek Boulevard, Suite 300 Dallas, Texas
75219 (214) 307-0000