Personal Injury Lawyer With a Track Record of Success In Fort Worth
Each year, countless individuals are injured due to the negligence of another. When these injuries involve automobiles or dangerous products, such injuries can be life-changing if not completely debilitating. If you have suffered an injury as the result of another’s negligence, you should contact an experienced Fort Worth personal injury lawyer, who can evaluate your case and help determine your best options. Call us today to schedule a free and completely confidential personal injury consultation. We will evaluate your case and help you understand your legal options: (817) 409-7982
Texas personal injury law permits an injured person to make a claim and, if necessary, file a civil lawsuit against an at-fault party to obtain compensation for their injuries and losses, both economic and non-economic.
What Is a Personal Injury?
Personal injury refers to a wide variety of situations in which the careless or intentional acts of one person injures another. In most cases, personal injury is an avoidable outcome that could have been prevented if the defendant had acted with reasonable care. The following list includes common examples of what typically constitutes personal injury.
Accidents resulting from another’s negligence include slips and falls, automobile crashes, and other foreseeable harms that could have been prevented had a defendant acted reasonably and with due care.
In addition to negligent acts, Texas law authorizes lawsuits for those injured by another’s intentional acts. These are situations where someone purposefully causes harm to another.
Examples include assault and battery, sexual assault, and other acts intended to damage another person.
Product liability is a third category of personal injury law. Texas authorizes lawsuits by those injured by a defective product or inherently dangerous thing. Product liability actions allow recovery for defective designs, construction defects, failures to adequately warn, and breaches of warranty.
Texas law generally requires that a plaintiff demonstrate the defect that existed when the product left the manufacturer’s control. Some examples of defective products include faulty engines and tires, tainted pharmaceuticals, and malfunctioning medical equipment.
Other Types of Personal Injuries
In addition to the categories described above, other common scenarios that arise in the context of Texas personal injury lawsuits include
- Motorcycle, bicycle, and pedestrian accidents;
- Tractor trailer truck accidents;
- Rideshare accidents;
- Dog bites;
- Premises liability;
- Dram shop liability (serving alcohol to a visibly impaired customer who subsequently injures another in an automobile collision); and
- Swimming pool accidents
Personal injury cases may also include wrongful death claims brought by a deceased victim’s spouse, children, parents, or other surviving family member authorized by law.
Wrongful death lawsuits are meant to compensate surviving family members for economic losses sustained as a result of losing the deceased’s income stream. Plaintiffs may also seek damages for the emotional loss of consortium.
A Francis Firm Fort Worth personal injury lawyer can help you navigate any of the following personal injury cases as well:
- Car accidents. These often occur due to the negligence or carelessness of other drivers, resulting in damages to the victim.
- Truck accidents. These involve a commercial vehicle and can cause serious, sometimes catastrophic injuries.
- Wrongful death claims. We help hold parties responsible for causing the negligent or wrongful death of a loved one.
- Brain injuries. When someone suffers a blow to the head, it can seriously affect the victim’s quality of life.
- Construction accidents. Whether you were injured at work or as a visitor or passerby to a construction site.
- Product liability claims. This involves defective or dangerous products or the lack of warnings about those products.
- Premises liability claims. These occur when the victim is injured on the property of another, whether someone else’s home or a business.
What Is Negligence in Texas?
Negligence is perhaps the most common theory of recovery in a personal injury lawsuit. The four elements of negligence are:
- The defendant owed a legal duty of reasonable care to the plaintiff;
- The defendant breached the legal duty;
- The plaintiff incurred injury; and
- The defendant’s breach of the duty caused the injury at issue.
To succeed in a negligence claim, a Fort Worth personal injury attorney must establish, by a preponderance of the evidence, each of these elements.
Defendant Owed Plaintiff a Duty of Care
To prove negligence, a plaintiff must first show that the defendant owed him or her a legal duty of care. This may be a general duty of care or a special duty of care.
To help determine the existence of a duty, an experienced Fort Worth personal injury attorney will analyze the relationship between the parties.
For example, a physician or lifeguard may owe a plaintiff a special duty of care, while a motorist may simply owe the other drivers on the road a general duty of care.
Defendant Breached Their Legal Duty of Care
Once a Fort Worth personal injury lawyer has established legal duty in a case, they’ll need to show that the defendant failed to act reasonably with respect to that duty.
For example, a motorist has a duty to drive reasonably to avoid foreseeable injuries. Driving without windshield wipers in the rain, texting while driving, drinking while driving, following too closely, and accelerating through a yellow light might all constitute a breach of this duty.
The Plaintiff Was Injured
To establish negligence in a personal injury case, the plaintiff must have suffered a legally recognized injury. In the context of personal injury lawsuits, this can include physical and nonphysical injuries.
An example of the latter might include emotional distress, damaged property, or a loss of earning capacity. An example of the former would include any bodily harm, including death.
To prove injuries, a Fort Worth personal injury lawyer may rely on medical records and other documentation. Proving nonphysical injuries like emotional distress is more complicated. It may require expert testimony from a qualified psychiatrist or other mental health experts.
Defendant’s Breach Of Duty Caused The Injury at Issue
Causation is typically the hardest element to establish, and it is typically the most contested at trial. Your Fort Worth personal injury attorney must prove that the breach caused the injuries at issue.
They must show that the plaintiff would not have been injured if not for the defendant’s negligent conduct. They also need to show that the injury was a reasonably foreseeable outcome of the defendant’s conduct.
What Is Comparative Negligence?
Texas employs a principle called comparative negligence to determine negligence in civil cases. Comparative negligence laws reduce a plaintiff’s monetary reward by the amount they are responsible for their own injury.
For example, a jury might determine that a motorist hit by a drunk driver at an intersection is 25% responsible because they themselves were speeding through a yellow light. If the jury awards the plaintiff $100,000, a Texas court will reduce the award to $75,000.
Furthermore, Texas comparative negligence laws prevent a plaintiff from recovering anything in a lawsuit if the plaintiff is 51% or more responsible for their own injuries.
What Is a Statute of Limitations in Texas?
A statute of limitations is a law that states how long you have to file a lawsuit against another that injured you. The time limit for filing a personal injury claim in Texas depends on the specific circumstances of your case and the nature of the injury.
The following are the time limits in which you and your Fort Worth injury attorney must bring a lawsuit in a Texas court:
- General personal injury: 2 years
- Defamation: 1 year
- Product liability: 2 years
- Assault and battery: 2 years
- Wrongful death: 2 years
- Medical malpractice: 2 years
To avoid having your case dismissed for missing your window of opportunity to sue, it’s crucial to contact an experienced Fort Worth personal injury attorney to assess your claim and help determine your best options.
What Damages Can I Get in a Texas Personal Injury Lawsuit?
Damages in Texas for personal injury claims fall into three general categories: economic damages, non-economic damages, and punitive or exemplary damages.
Economic Damages in Texas
The purpose of economic damage awards is to compensate the plaintiff for financial losses that occurred as a result of the injury. Economic damages can include medical costs for:
- Emergency room healthcare, including ambulance services;
- Past, present, and future doctor appointments;
- In-patient hospital care;
- Pharmaceutical expenses;
- Physical therapy; and
- Other medical expenses.
Economic damages also can include a victim’s lost wages or loss of earning capacity. Typically, you can calculate the amount of your economic damages using receipts and bills. However, you may need an expert to help you establish future anticipated financial losses.
Non-Economic Damages in Texas
Non-economic damages can be more difficult to prove than economic damages because they involve physical, emotional, and mental injuries that are intangible and difficult to evaluate. Examples of non-economic damages in Texas personal injury lawsuits include things like mental anguish, physical pain and suffering, and loss of consortium and companionship.
Punitive Damages in Texas
Punitive damages are designed to punish the defendant for, particularly egregious conduct by making an example of them to other would-be tortfeasors. Punitive damages may apply in drunk driving cases and other scenarios where a defendant acts intentionally or with reckless disregard for the safety of others.
Experienced Fort Worth Personal Injury Attorneys Who Will Fight for You
If you or a loved one has been injured or killed due to the negligence or intentional act of another, contact the Fort Worth personal injury attorneys at the Francis Law Firm for a free consultation. We serve clients in Fort Worth, Dallas, and surrounding areas. Your time to file is limited, and your case will be thrown out if you wait too long.
Our seasoned attorneys have decades of combined experience. Whether it be helping you get the medical treatment you need, negotiating a just settlement, or providing aggressive representation in court, you can be sure that we will be with you every step of the way.
If you or someone you love suffers from an injury in Fort Worth, call us now! You don’t have to fight this battle alone. Please reach out to us online or call us at (817) 329-9001 today for a free, no-obligation consultation. From our office in Southlake TX, we serve communities throughout the Dallas – Fort Worth area and throughout the state of Texas.
Recent Verdicts & Settlements
With over twenty million dollars recovered for clients, you can trust our experience and proven track record to get you the maximum possible recovery.SEE RECENT VERDICTS & SETTLEMENTS
- $2,250,000: Wrongful Death
- $1,970,000: Vehicle Collision
- $1,250,000: Car Accident
- $1,050,000: Truck Collision
- $1,000,000: Truck Accident
- $900,000: Vehicle Collision
- $775,839: Commercial Litigation
- $600,000: Wrongful Death
- $565,000: Vehicle Collision
- $425,000: Product Liability
- $329,000: Commercial Litigation
- $206,545: Premises Liability
- $87,300: Arbitration Verdict