Dallas Personal Injury Lawyer
The area of personal injury law generally involves civil legal claims for serious injuries that others have caused. In most cases, the negligent behavior of one or more parties is the main cause of the injuries sustained in the accident. If you believe that you might have a personal injury claim, you may benefit from talking to a Dallas personal injury lawyer about your situation.
Personal injury claims can originate from car accidents, truck accidents, or motorcycle accidents, but they also may arise from other situations. For instance, medical malpractice and defective consumer products also can lead to personal injury claims. If you have suffered injuries due to negligence, you may want to get advice from a personal injury lawyer, no matter the situation.
Defining Negligence in Personal Injury Cases
Negligent or careless conduct are those actions that do not measure up to the standard of conduct that reasonable people would exercise in the same situation. Parties exhibit negligence when they disregard the safety of others by acting or failing to act reasonably. Negligence can include a wide range of actions, such as drivers failing to obey traffic laws, doctors failing to diagnose medical conditions, and businesses that fail to warn customers of dangerous situations.
Negligence consists of four separate elements. Successful personal injury claims must have sufficient evidence of each element. These elements include:
- A legal duty of care regarding the safety of others
- A breach of the legal duty of care due to actions or inaction
- Causation between the breach of the legal duty of care and the accident that led to injuries
- Damages or losses resulting from the injuries sustained in the accident
A personal injury lawyer in Dallas can help injury victims gather the evidence necessary to prove their claims. From obtaining documentary evidence such as police reports and medical records to recorded statements of witnesses, legal counsel can be vital to recovering a fair amount of compensation in personal injury claims. Evidence can establish which parties are at fault for an incident that injured others and document the damages that they have suffered.
Comparative Negligence and Fault
In some accidents, multiple people are involved, such as multi-vehicle accidents. When this situation occurs, more than one party may be responsible or at fault for causing the accident. Likewise, more than one party may be injured in the accident.
Under state law, injury victims who also bear some fault for an accident still may have a legally valid means of recovery. These parties can still seek damages for their losses, as long as they are 50 percent or less at fault. The parties can determine the respective percentages of fault apportioned to them, or a judge or jury can make that determination following a trial.
Recovery in this situation, however, is not unlimited. Instead, injury victims can recover only a reduced amount of damages. This reduction is determined by the degree of fault the injury victims may bear for the accident.
Time Limits and Personal Injury Claims
Texas Civil Practice and Remedies Code § 16.003 requires that individuals who have been injured in accidents caused by negligence file their personal injury claims no later than two years after their accidents. Although there are some exceptions for minors and suits against governmental entities, injury victims may consider talking to a personal injury attorney in Dallas at their earliest convenience.
Failing to meet this time limit or statute of limitations can result in being unable to recover any damages. These victims would lose the right to seek compensation for their injuries and hold negligent parties accountable for their actions.
Consult a Dallas Personal Injury Attorney for Legal Advice
If you are the victim of an accident caused by negligent or reckless behavior, you may have a right or claim to compensation. State law requires that you take immediate steps to protect those rights or risk losing your ability to pursue damages. You may be able to exercise these rights with assistance by a Dallas personal injury lawyer.
The aftermath of a severe accident can be highly stressful and debilitating. Handling insurance and legal matters likely will not be a priority, but you still will need financial support during this challenging time. Legal counsel can help ensure that you get the compensation that you deserve from those who caused your injuries.