If you or your loved one has been injured by someone else’s carelessness or no fault of your own, you might be searching for a personal injury lawyer to help you get the compensation you deserve. It can take time and effort to settle on a personal injury attorney with the right skills and experience to handle your case. There are numerous pitfalls to avoid as you’re interviewing candidates, from choosing an attorney who lacks the tenacity to fight for a fair settlement to hiring a “quick turnover” lawyer who treats you like a number and doesn’t give you the personalized attention that you deserve.
Even though you are probably eager to get started on your injury claim so you can move on with your life, it’s important to give every candidate due consideration, as it could mean the difference between a meager settlement and obtaining maximum compensation.
We help people like you every day at Kraft & Associates, Attorneys at Law, P.C. Our lawyers can walk you through the steps of a personal injury claim in Texas and answer all your questions. Let our experienced Dallas personal injury lawyers advise you about your legal rights. Call us at (214) 999-9999 or fill out our online contact form for a free case review.
Benefits to Hire Our Personal Injury Lawyers
Injuries can severely disrupt your life. The more severe your injury is, the more complicated your claim will likely be. If you were seriously hurt in an accident, it’s imperative to hire a personal injury attorney to help you seek financial relief. Even if you only suffered minor injuries, it can still be expensive to seek medical treatment. A lawyer can fight for you to receive fair compensation. If someone else caused the accident that left you injured, you shouldn’t be responsible for any costs associated with your recovery.
Some of the benefits that our attorneys can help you with are:
- Explaining your rights and offering you legal advice
- Documenting your losses and calculating the total value of your claim
- Clearing up liability issues
- Negotiating with the insurance company on your behalf
- Filing a lawsuit and representing you in court if necessary
No matter how straightforward you believe your claim is, It’s never a bad idea to hire an experienced personal injury lawyer.
Client Testimonials for Our Personal Injury Lawyers
Hear directly from clients who have walked the path you’re on right now and emerged with results that made a difference in their lives. These testimonials offer real insights into the expertise, compassion, and dedication you can expect from our team of personal injury lawyers.
Kraft & Associates was the best law firm to work with. My lawyer was Mr. Stewart and the assistant who worked on my case is Tressa Gregory. Two of the best people I have had the pleasure to meet with. All of my emails were answered within 12 hours. Very responsive and compassionate. if you are looking for a law firm to represent you and actually care about you and not just collecting a fee work with Kraft and Associates.
They won my case for me! Great people, great service! I highly recommend them! Thank you all at Kraft and Associates! God Bless yous!
Really appreciate Kraft & Associates for a job well done. Matt Stewart really took control of the problem and produced a wonderful result. I definitely recommend these guys for happy endings.
Steps to Follow After a Serious Personal Injury
- Selecting an attorney. For most accident victims, the first step in bringing a personal injury claim is hiring an attorney. Technically speaking, you do not need a lawyer to represent you in court. However, your chances of success are substantially greater if you have professional representation. You should work with an attorney who is not only experienced in personal injury claims but who has successfully handled claims like yours before. You will also want to ensure the attorney you choose has a proven track record in the courtroom and will take your case to trial, if necessary.
- Launching an investigation to collect evidence. Even after you hire a lawyer, that does not mean you will immediately proceed to file a lawsuit. Your attorney will first conduct an investigation to collect evidence in support of your personal injury claim. You can actually begin this process before even contacting a lawyer. You can start with the accident itself. Most of us carry smartphones with excellent cameras. You can use your phone to take pictures of the accident scene and your injuries. Such evidence often proves helpful to your attorney as he or she attempts to reconstruct what happened. If anyone else saw the accident, it is also helpful to get their names and contact information, so your attorney can interview them as potential trial witnesses.
- Documenting the extent of your injuries. You will need to show the court proof of your accident-related injuries. Here, the best evidence is medical records. You should always go to the emergency room – or at least see your own primary care physician – as soon as possible following an accident. All records of this and any follow-up care will provide crucial documentation of the extent of your injuries.
- Consulting with experts. In some cases, particularly ones where the defendant’s liability is contested, it may be necessary for your personal injury lawyer to consult with an expert witness, such as an accident reconstructionist. These experts can serve as trial witnesses to help a judge or jury understand the events leading up to the accident.
- Negotiating a settlement or filing a personal injury lawsuit. Contrary to what you might think, most personal injury cases are settled without the need for a trial. Indeed, when faced with overwhelming evidence of negligence and the extent of the victim’s injuries, defendants (and their insurance carriers) are usually eager to settle. If a settlement proves impossible for whatever reason, your personal injury attorney will assist you in filing a lawsuit. Please note that it can take several months – and sometimes years – before a lawsuit is actually ready for trial. During that time, your attorney may continue with settlement talks.
- Obtaining the final outcome. If a personal injury case goes to trial, a jury (or sometimes just the judge) will hear evidence and arguments from both sides before rendering a verdict. The losing side may decide to appeal the verdict, but barring that, the trial court’s decision is final.
How to Know If You Have a Strong Personal Injury Case
In terms of the law in Texas, an accident victim needs to show three things to prevail in a personal injury case:
- There was a negligent party. “Negligent” is the key word here. In an auto accident, for example, you do not need to prove the other driver intentionally hit you. You only need to show they were careless, reckless, or otherwise acted with a disregard for traffic laws or public safety. In other words, if the other driver ran a red light and hit you, that is usually sufficient to prove negligence.
- The negligent act caused a personal injury. Even when there is clearly negligence on the part of the defendant, the plaintiff must still prove that negligence caused some specific, identifiable injury. This may include physical injuries, damages to the plaintiff’s car, or even psychological injuries traceable to the accident.
- The injury resulted in compensable damages. In a legal context, “damages” refers to the amount of money an accident victim may recover from a negligent defendant. As with negligence, the plaintiff needs to prove the existence and amount of damages, which may include items like medical bills or loss of income.
Compensation You Might Be Entitled in a Personal Injury Claim in Texas
An injured person can potentially recover several types of compensation, such as:
- General damages for losses that cannot be easily measured, such as pain and suffering.
- Lost wages for income not earned due to the injury.
- Expenses for medical bills and all associated costs incurred from the injury.
- Lost earning potential for future work.
- In cases of gross negligence, punitive damages may be part of the settlement or verdict.
An injured person’s family can recover damages as well, including awards for loss of affection (known as loss of consortium) or a claim or lawsuit for wrongful death if the victim has died.
Time Limit to File a Dallas Personal Injury Lawsuit
Under Texas law, there is a limit on the amount of time you have to file a lawsuit for compensation for your personal injuries. This filing deadline is known as the statute of limitations. Generally speaking, you have two years from the date of your injury to file a personal injury lawsuit. If you fail to file your lawsuit before the expiration of the statute of limitations, the court can dismiss your suit.
Common Types of Personal Injuries in Dallas
The most common personal injury lawsuits in Dallas may be necessary for a range of injuries that are the result of accidents or other acts of negligence. Some of the most common serious personal injuries suffered in accidents include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Back injuries
- Internal injuries
- Fractures and broken bones
- Disfiguring facial injuries and scars
- Limb loss and amputation
- Neck injuries and whiplash
- Knee injuries
- Foot and ankle injuries
- Shoulder injuries
- Wrist and hand injuries
- Lacerations, bruises and “road rash.”
- Burn injuries
- Crush injuries
- Soft-tissue injuries
- Nerve Injury
Types of Cases Our Dallas Personal Injury Attorneys Handle
At the law firm of Kraft & Associates, Attorneys at Law, P.C., we primarily handle the following types of claims:
Car accidents – A large number of personal injury cases are the result of car accidents, often involving significant injuries or loss of life. Many of these cases involve permanent impairment, disfigurement, or long-term medical conditions that will affect the injured person forever.
Motorcycle accidents – Motorcyclists are at far higher risk of catastrophic injuries or death if hit by another vehicle. The long-term consequences are often significant, including impairments such as brain damage or spinal cord injuries.
Truck accidents – There are a shocking number of commercial truck accidents in the Dallas area, frequently leading to serious or catastrophic injuries or death. These are complex cases that may involve many liable parties.
Pedestrian accidents – High traffic volume in the area as well as the large number of distracted and drunk drivers has contributed to a staggering number of pedestrian accidents. These accidents are often fatal. If the victim survives, he or she may face permanent impairments or other serious health conditions.
Bicycle Accidents – Bicyclists are at a high risk of suffering serious injuries or death after being in in accident involving other vehicles. We represent victims in bicycle accidents in Dallas, Fort Worth, and throughout the north of Texas.
Medical malpractice – Healthcare providers who fail to meet the accepted standard of care and cause patient harm may be held liable for their negligence. Medical malpractice can occur in a variety of settings and may result in serious consequences for the patient.
Birth injuries – There are accepted standards of care that must be employed by medical professionals who attend a birth, including careful and ongoing monitoring of the condition of the child. If a baby is injured because of medical negligence, the child’s family may be entitled to compensation.
Prescription drug injuries – Drug manufacturers sometimes release drugs or fail to recall drugs, even after they become aware of possible harmful or fatal side effects. If you have suffered due to harmful prescription drugs, you may be entitled to compensation.
Pharmacy errors – Some pharmacists are pressured to work longer hours and fill more prescriptions than in the past. This situation can lead to disastrous results if a prescription is incorrectly filled.
Maritime accidents – Accidents involving the waterways fall under specific federal laws and are handled differently from other personal injury cases. Whether an injury is related to a boating accident, gas or oil extraction accident, or another incident on the water, it is vital that you are represented by an attorney who is fully familiar with maritime accidents.
Premises liability – This category of claims includes matters such as inadequate security, but by far the most common claims are slip-and-fall injuries. An injured person must typically show that the property owner either caused the dangerous condition or knew about it before the fall and took no action to warn the injured person.
Defective and harmful products – This is the area of law known as product liability and concerns the legal liability of manufacturers and sellers to compensate consumers for damages and injuries suffered because of design defects, manufacturing defects, or marketing errors.
Airbag injuries– Most consumers probably know that injury claims can be made against automobile manufacturers in the event of an airbag malfunction. If an airbag fails to deploy or deploys too slowly or too quickly, a claim can be made for the resulting injuries. However, most consumers may not realize that a claim can be made for injuries caused by the failure to provide airbags in vehicles.
Find a Dallas Personal Injury Attorney Near You
If you were injured in an accident because of someone’s carelessness, contact Kraft & Associates, Attorneys at Law, P.C. for a free consultation and find out how our attorneys could help you pursue the compensation you need to get your life back on track. Use the map below to get the directions to our office and you will get the justice you deserve as well.
Frequently Asked Questions (FAQ) About Personal Injury in Dallas, Texas
Personal Injury
How Do I Know If I Need a Lawyer?
Hiring a lawyer can improve your chances of recovering maximum compensation in a personal injury case. You might need a lawyer if:
- You suffered serious injuries. Severe injuries often lead to high medical bills, lost wages, and long-term health issues. A personal injury attorney can help you seek full compensation so you have the financial resources you need for your recovery.
- The insurance company offers a low settlement. Insurance companies want to pay as little as possible to protect their profits. If your settlement offer seems too low, a lawyer can negotiate on your behalf to demand a reasonable payout.
- Disputes arise over who is at fault. If the other party blames you for your injuries or the accident’s details are unclear, a lawyer can investigate the case and demonstrate the other party’s liability. This step is crucial to maximize your compensation and avoid losing the money you deserve.
- You feel overwhelmed by the legal process. Filing a personal injury claim and managing the details that go along with it can be confusing, especially if this is your first time going through the process. A lawyer can take the burden off your shoulders by handling all the paperwork for your claim, communicating with the insurance companies, and representing you in court if necessary.
What Is Personal Injury Law?
Personal injury law deals with cases where someone gets hurt because of another party’s wrongful behavior. This area of law allows injured parties to seek compensation for the harm they suffered. Common personal injury cases involve injuries resulting from traffic accidents, slip-and-falls, medical malpractice, and defective products.
Filing a personal injury claim allows you to demand financial compensation for losses like medical bills, lost wages, pain and suffering, and more. This compensation aims to make you “whole” again and return you as closely as possible to the position you were in before the incident. For a successful claim, you must prove that the other party was at fault and that their actions directly caused your injuries.
What Is Negligence?
Negligence occurs when someone fails to act with the level of care that a reasonable person would show in a similar situation. This failure can lead to accidents and injuries. For instance, if a driver hits another car because they didn’t check their blind spots before changing lanes, we would say the driver was negligent. Negligence is the legal basis for many personal injury cases.
To prove negligence in a personal injury claim, you must demonstrate four elements:
- The at-fault party had a duty to act safely. For example, drivers must follow traffic laws to prevent harming others.
- They breached their duty. A breach of duty involves failing to act in a way that a reasonable person would under the same circumstances, such as by driving recklessly.
- Their actions caused your injuries. You must demonstrate that your injuries directly result from the at-fault party’s breach of duty, not some other unrelated factor.
- You suffered measurable losses due to your injuries. This could include financial losses like medical expenses and lost wages or personal losses like pain and suffering.
What Percentage Do Most Personal Injury Lawyers Take?
Most personal injury lawyers work on a contingency fee basis. This means they only get paid if they win your case. Typically, personal injury lawyers take a percentage of your settlement or court award as their fee, so you don’t have to pay them out of pocket.
The standard percentage for most personal injury attorneys ranges from 33 to 40 percent. Some lawyers might adjust their rate based on the complexity of the case or if it goes to trial. Always discuss fee arrangements with prospective lawyers before signing any agreements. Understanding the percentage they will take helps set expectations and prevent surprises later.
How Long Does It Take to Settle a Personal Injury Claim in Texas?
The settlement timeline for a personal injury claim in Texas depends on several factors. For example, the severity of your injuries and the complexity of your case play a large role. Cases involving severe injuries often require more time for gathering medical evidence and calculating damages.
The willingness of the insurance company to offer a fair settlement is another critical factor. Negotiations could take longer if the insurer disputes your claim. Additionally, your case will take more time if it goes to trial. Court schedules and legal procedures can add months or even years to the process.
An experienced personal injury lawyer can discuss the potential timeline for your case, but keep in mind that new issues can always arise that could change how long it will take to resolve your legal claim.
What Is the Maximum Injury Compensation in Texas?
Texas places limits on the amount of compensation you could recover in certain — but not all — personal injury cases. First, it’s important to understand the types of compensation (also called damages) you may be eligible to receive.
Economic damages are financial awards for measurable losses like medical bills, lost wages, and other financial losses you incurred due to your injuries. There are no limits on the amount of economic damages you can recover in Texas personal injury claims.
Non-economic damages are monetary awards for more subjective losses, such as pain and suffering. Texas places no caps on non-economic damages except in medical malpractice cases.
Punitive damages (also called exemplary damages) are awarded to punish a defendant for gross negligence, fraud, or malice. These damages are subject to a cap and cannot exceed $200,000 or two times the amount of non-economic damages up to $750,000, whichever is greater.
The Texas Tort Claims Act limits damages in cases against government entities. The cap for local governments is $100,000 per person and $300,000 per incident. For state government claims, the cap is $250,000 per person and $500,000 per incident.
Do You Have to Pay Taxes on an Injury Settlement in Texas?
No. Texas does not have state income taxes, so you won’t owe state tax on your settlement. Additionally, the Internal Revenue Service (IRS) generally considers compensation for personal injury claims as non-taxable, so you shouldn’t have to pay federal taxes on your settlement, either.
However, there are exceptions. If you received punitive damages or interest on your settlement, you must pay federal taxes on those amounts. Also, if you deducted medical expenses related to the injury in previous years, you might need to pay taxes on that portion of your settlement. An experienced attorney can review your situation and help you comply with all tax regulations.
Is a Settlement Better Than a Lawsuit?
It depends. Settling a case usually means receiving compensation faster and avoiding the stress and uncertainty of a trial. Settlements also involve fewer legal costs and can be less emotionally draining.
However, there are times when a lawsuit is the better option. If the insurance company offers a low settlement that doesn’t cover your expenses, going to court might result in a fairer amount. Winning a lawsuit can also allow you to set a precedent and hold the responsible party publicly accountable.
You can consult a personal injury lawyer to discuss the pros and cons of settling versus going to trial.
What Injuries Are Hard to Prove?
Certain injuries are more complex to prove than others. Soft tissue injuries like sprains, strains, and whiplash are difficult to demonstrate because they don’t always appear on X-rays or MRIs. Insurance companies often question the severity or existence of these injuries due to the lack of visible evidence.
Psychological injuries, including PTSD, anxiety, and depression, are also challenging to prove. Demonstrating these injuries requires detailed medical records and expert testimony to establish a link between the psychological condition and the accident.
To build a strong case, you should document all your symptoms, seek prompt medical attention, and follow your doctor’s treatment plan. A personal injury lawyer can help you gather the necessary evidence and expert opinions to support your claim.