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 the damage.
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 a lawsuit.
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.
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