Personal Injury Attorney in Dallas, TX

Dallas Personal Injury Attorney

If you've been injured due to someone else's negligence, you have the right to ask for financial compensation for the losses you've endured. However, seeking a personal injury claim is no simple task. Defendants and their insurers are backed by armies of lawyers prepared to defend their clients. Who's looking out for you?

At Dunk Law Firm, we fight for personal injury victims. Where possible, we resolve cases out of court so our clients can get back to their lives. If necessary, however, we assemble a litigation strategy and take the case to trial. Either way, we stand by our clients from start to finish so they can concentrate on getting better.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another individual, company, or even a governmental agency acts irresponsibly, others can get injured. The injury is typically physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that suggests failure to exercise a proper level of care under the circumstances. Another way of putting it is failure to act as a reasonably prudent person would. Negligence can be displayed through someone's actions (like speeding or driving drunk) or through an exclusion (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim needs to prove that the offender was negligent. There are four particular elements that are required under Texas legislation:

• Duty of care. The offender must have owed a duty of care to the plaintiff. Occasionally a duty emerges out of a personal relationship between the parties, such as doctor and patient. But this isn't always necessary. For instance, when you drive on a freeway, you owe a duty to other drivers not to be careless.
• Breach. Next, the plaintiff must show that the offender breached the duty of care. This is where the defendant's negligent acts and/or exclusions are exposed. It also covers situations where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is usually the most contested part of a personal injury claim.
• Causation. The offender's breach needs to really cause injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this element fails.
• Damages. These are the losses for which the plaintiff will demand financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, as well as pain and suffering. The nature and amount of damages are fiercely contested in most personal injury cases.

Possible Damages In a Personal Injury Case

The goal of a personal injury lawsuit is to make the plaintiff whole through financial compensation. This compensation is known as damages, and some examples are:

• Medical costs. This broad category can consist of everything from hospital bills and prescription medications to physical therapy and special adaptive equipment to assist with a victim's day-to-day tasks.
• Lost income. While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, possibly considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects may be cut short or drastically limited after a personal injury. An expert witness can help approximate the future earnings you will lose out on as a result.
• Pain and suffering. These damages account for the pain and psychological trauma you will likely experience for some time to come. Although difficult to measure, they are vital to catastrophic injury cases.
• Loss of pleasure of day-to-day life. It may not be possible to appreciate your regular day-to-day activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, community, friendship, and sexual relationship between partners caused by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are intended to penalize the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to file a claim against a negligent party will not last forever. In Texas, personal injury cases are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to submit their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury takes place.

However, it's best not to procrastinate taking action on your claim. Witnesses' memories can diminish with time, proof will be harder to obtain, and you could forget critical information if you wait too long. If you or a loved one have been hurt, reach out to a committed Dallas personal injury attorney.

How Can the Personal Injury Attorneys of Dunk Law Firm Assist Me?

Suing a defendant usually means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney who not only knows Texas personal injury legislation, but knows how to establish a reasonable value for your case.

At Dunk Law Firm, we've assisted numerous personal injury clients get the compensation they need to recover. We won't accept unjust deals and will defend you from beginning to end. Give us a call or fill out the contact form today to get started on your claim.

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