Personal injury claims cover a wide spectrum of possible events. The common thread in all of them is the issue of liability and negligence. If someone else’s actions or negligence caused your injury, you likely have a claim to compensation.
A personal injury lawyer in Carrollton from the Underwood Law Office can help you file your claim, prove the negligence of the other party, negotiate a fair settlement, and take your case to trial if the other party won’t agree to an appropriate compensation package.
Proving Negligence in a Personal Injury Claim
Obtaining compensation from a personal injury claim requires proving that another party’s negligent behavior led to your injuries. To show negligence in a personal injury claim, there are four elements you must prove. These include:
- Duty of care
- Breach of duty
- Injury causation
Duty of Care
In our everyday interactions, we should expect a reasonable amount of safety from other people. Whether we are driving on a road, seeing a doctor, or shopping at a grocery store, we have the expectation that the other drivers, doctors, and spaces we use will function safely.
We expect drivers to obey the rules of the road. We expect doctors to follow medical standards. We expect grocery store owners to keep their aisles free of hazards. In other words, we all have a legal duty to act in a reasonably safe way toward other people.
Breach of Duty
When people fail to behave in a way that we expect, or when they break from a social or professional norm, they may be breaching the duty of care. For example, a driver weaving between traffic recklessly, a doctor prescribing the wrong medication for a patient, or a grocery store manager leaving a puddle on the ground are all examples of a breach of duty.
If the breach of duty leads to an accident and injuries, it can be considered the cause of those injuries. If that same driver struck a motorcyclist they failed to see when changing lanes, their reckless driving would be considered the cause of that motorcyclist’s injuries.
The same is true if a doctor caused the patient heart problems by prescribing conflicting medications, or a shopper slipped and fell on the puddle that was ignored by a grocery store manager.
Following the accident, the victim incurs injuries and losses. The law refers to these as damages. Damages can include economic losses, such as medical bills, car repairs, and lost wages. They may also include non-economic losses, such as physical pain and suffering, emotional trauma, and a loss of enjoyment in life.
Our attorneys can go over the circumstances of your personal injury to help you understand whether someone else’s negligence was responsible for your injury. If so, we are prepared to fight for compensation on your behalf.
For a free legal consultation with a personal injury lawyer serving Carrollton, call (972) 535-6377
Types of Personal Injury Cases
The Carrollton personal injury lawyers at Underwood Law Office handle a wide variety of personal injury cases. We can help with:
- Car accidents
- Truck crashes
- Motorcycle collisions
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Dangerous drug cases
- Dog bites and animal attacks
- Premises liability injuries (including slip and falls and negligent security)
- Wrongful death
These different case types vary by the specific circumstances that cause them. However, they all are examples of injuries and accidents caused by the actions of someone else. Through a personal injury claim, you can seek the compensation you are owed.
Carrollton Personal Injury Lawyer Near Me (972) 535-6377
What a Personal Injury Attorney in Carrollton Can Do for You
You might feel tempted to accept an insurance company’s initial settlement offer, but it might not reflect the full scope of your injuries and damages. When you work with our personal injury attorneys in Carrollton, we can:
- Gather evidence
- Investigate the accident
- Speak with eyewitnesses
- Consult with experts
- Identify the liable parties
- Calculate your losses
- File your claim
- Negotiate with the insurance companies
- Represent you at trial
If we are able to take on your case, we’ll work on a contingency basis. You’ll only pay attorney fees if we are able to secure compensation on your behalf. Together, we can work to get you and your family the justice you deserve.
Texas’ Statute of Limitations
An important law to keep in mind with personal injury claims is the statute of limitations. This is a legal deadline by which you must file your personal injury lawsuit in the courts of Texas.
Under Texas Civil Practice and Remedies Code §16.003, you generally have two years to file a lawsuit with the courts. If you miss this deadline, the courts may not allow you to file a lawsuit to pursue compensation.
There are some extenuating circumstances that can shorten or lengthen that deadline. Cases involving children may extend your timeframe, whereas cases involving a government entity may shorten it. Your case is unique, and your lawyer can review your deadline with you so that your right to pursue justice is preserved.
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Understanding Comparative Negligence in Texas
It’s also important to understand how the comparative negligence laws of the state may affect your claim. Under Texas Civil Practice and Remedies Code §33.001, you may not recover compensation if you are more than 50% responsible for causing the accident.
Also, the percentage of fault you bear will reduce your court award. For example, if the judge awards you $10,000 in damages but decides that you are 10% at fault for the accident, you will only receive $9,000. Your total compensation would be reduced by 10%.
Get a FREE Case Review With a Carrollton Personal Injury Lawyer
You should not pay for the damages you have suffered due to the negligence of others. You have a right to pursue compensation for those losses. Speak with a member of our team and learn whether your personal injury claim qualifies.
For a free case review, call the Carrollton personal injury attorneys at Underwood Law Office today or fill out the form on our contact page. We can help you build a claim and seek monetary recovery.