Fort Worth Personal Injury Lawyer With a Track Record of Success
With so much to see and do, accidents occur daily in Fort Worth. Unfortunately, these unexpected incidents typically result in damage or injury.
Motor vehicle accidents are a major cause of accidents, and they're not uncommon in Fort Worth, especially along interstates 35W and 20, or the busy intersection of Western Center Blvd. and North Beach Street.
Each year, accidents injure countless individuals in Fort Worth, often through no fault of their own. The outcomes can be life-changing when these injuries involve automobiles, heavy machinery, or dangerous products.
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 financial award for their injuries and losses, both economic and non-economic.
If you suffered injuries as a result of another's negligence, you should contact an experienced Fort Worth personal injury lawyer at the Francis Firm. They can evaluate your case and help determine your best options.
Call us today at 817-409-7982 or submit the form below to schedule a free consultation and evaluation of your personal injury case.
Personal injury trial law is challenging, and things like drunk driving accidents, workplace accidents, and motorcycle accidents in Fort Worth TX raise TX accident statistics, making legal representation even more paramount.
What Is a Personal Injury?
Personal injury refers to a wide variety of situations in which one person's careless or intentional acts injure another.
In most cases, personal injury is an avoidable outcome that could have been prevented if the defendant had acted reasonably.
Don't deal with personal injury matters alone. Seek prompt medical treatment and stay aware of future medical bills that pertain to your case.
types of personal injury:
Negligent Accidents
These are the most common situations that result in a personal injury claim, and they happen because someone is reckless and causes an injury to someone else. The at-fault person may not have meant to injure anyone, but they acted recklessly and harm occurred.
Accidents resulting from another's negligence include slips and falls, automobile crashes, dog bites, and other foreseeable harms that could have been prevented had a defendant acted reasonably and with due care.
Motor vehicle accidents are a very common type of accident involving negligence. They're more common than many realize, with Fort Worth reporting 14,679 car crashes in 2021 alone. Motorcycle, bicycle, and pedestrian accidents, tractor-trailer truck accidents, and rideshare accidents often hinge on claims that a driver was driving drunk or distracted or was otherwise not being careful and this recklessness caused someone's injuries.
Intentional Acts
In addition to negligent acts, Texas personal injury laws allow individuals to file a claim if they are injured due to another person's intentional actions. These are situations where someone purposefully causes harm to another. Examples include assault and battery, sexual assault, and other acts intended to harm another person.
It is important to note that personal injury lawsuits are separate from criminal charges. A person may be arrested by police and charged with battery, assault, or another crime, or they may not be. Despite what police decide to do and independent of any criminal charges or penalties, those who are injured by an intentional action can file a personal injury claim.
Defective Products
Product liability is a third category of personal injury law. Texas authorizes lawsuits from those injured by a defective or inherently dangerous product. Product liability actions allow recovery for defective designs, construction defects, adequately warned failures and warranty breaches.
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.
Premises Liability
Property owners are expected to take reasonable care to prevent injury to visitors of the property. When they fail to do so, they may face a premises liability claim. If a customer slips and falls on a wet store floor, for example, and sustains a broken bone or a back injury, they may have a premises liability claim. They may allege that the property owner failed to clean up properly and this led to the injury.
A related area of premises liability claims has to do with Dram shop liability or serving alcohol to a visibly impaired customer who subsequently injures another in an automobile collision.
A significant premises liability risk involves swimming pool accidents. Both public and private pools need to be carefully maintained and secured to prevent children and others from sustaining injury in these pools. In Fort Worth, this gained city-wide attention in 2021, when 40 out of 97 pools were closed following safety inspections.
Wrongful Death
Personal injury cases may also include wrongful death claims brought by a deceased victim's spouse, children, parents, or other surviving family members 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.
What Types of Personal Injury Claims Can The Francis Law Firm Personal Injury Attorneys Help Me With?
The personal injury attorneys at Francis Law Firm have years of experience working with accident victims and can help you with your personal injury claim. Our experienced personal injury lawyer can help you navigate any of the following personal injury cases:
- 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.
- Motorcycle accidents. Motorcycle crashes can result in life-changing injuries because riders do not have seatbelts, airbags, and other protective options the way car occupants do.
- 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.
If you've been injured and are not sure how The Francis Firm can help, contact us for a free consultation. There is no risk in talking to our team and determining your options.
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 duty caused the injury at issue.
To succeed in a negligence claim, a Fort Worth personal injury attorney must establish each of these elements by a preponderance of the evidence.
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 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 Defendant's Breach of Duty Caused the Plaintiff's Injuries
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.
The plaintiff must have suffered a legally recognized injury due to the other person's negligence to establish negligence in a personal injury case. In the context of personal injury lawsuits, this can include physical and nonphysical injuries.
The plaintiff's personal injury lawyer must show that the plaintiff would not have been injured if not for the defendant's negligent conduct and that the injury was a reasonably foreseeable outcome of the defendant's conduct.
The Plaintiff's Injuries Resulted in Damages
Personal injury victims must show that their accident-related injuries resulted in damages. Damages are monetary compensation someone can receive as compensation for the injuries and harm they suffered due to a negligent person's actions. Identifying all the damages you suffer in an accident can be difficult.
A Fort Worth personal injury lawyer may rely on medical records and other documentation to prove damages. Proving nonphysical injuries like emotional distress is more complicated.
It may require expert testimony from a qualified psychiatrist or other mental health experts.
What Is Comparative Negligence?
Texas employs a principle called comparative negligence in civil cases. Comparative negligence laws reduce a plaintiff's monetary reward by the percentage 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 were speeding through a yellow light.
If the jury awards the plaintiff $100,000, a Texas court will reduce the award by 25% to $75,000.
However, Texas comparative negligence laws prevent a plaintiff from recovering anything in a lawsuit if the plaintiff is 51% or more responsible for their injuries.
What Is a Statute of Limitations in Texas for Personal Injury Claims?
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 personal injury case dismissed for missing your window of opportunity to sue, it's crucial to contact an experienced Fort Worth personal injury attorney as soon as possible after your injury to assess your claim and help determine your best options.
Contacting an experienced attorney soon after your injury can ensure the clock won't run out on your right to seek a claim and can also give your lawyer a better chance to secure evidence before it is destroyed or lost. In addition, the sooner you contact an attorney, the sooner your lawyer can start the personal injury claim process and protect your interests.
What Damages Can I Get in a Texas Personal Injury Lawsuit?
Injured parties in Texas seek damage awards in part because injuries are expensive, and without a claim, some end up paying the costs from their own savings. No one is guaranteed financial recovery, even if someone else's negligence has injured them. If damages are awarded, the amount varies, depending on the injuries sustained, the severity of the injury's impact, and other factors.
Damages in Texas for personal injury claims fall into three general categories: economic, non economic, 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 bills for:
- Emergency room healthcare, including ambulance services
- Past, present, and future doctor appointments
- In-patient hospital care
- Pharmaceutical expenses
- Surgeries
- Physical therapy
- Other medical expenses
Economic damages also can include a victim's lost wages, lost income, 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:
- Pain and suffering
- Mental anguish
- Scars or disfigurement
- Post-traumatic stress disorder (PTSD)
- Loss of companionship
Punitive Damages in Texas
Punitive damages punish the defendant for particularly egregious conduct by making them an example 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.
Many personal injury victims do not realize the full extent and value of their damages and what they may be able to recover in compensation.
Discuss your case with a Texas lawyer experienced in personal injury law who can determine the full financial compensation you are entitled to.
Fort Worth Personal Injury FAQ
What is a personal injury claim?
A personal injury claim is a legal action taken by an individual who has been injured due to the negligence or wrongdoing of another party. These claims can cover a wide range of incidents, including vehicular accidents, day care injuries, and other situations leading to physical recovery needs. In the context of a Fort Worth accident, these claims help victims secure compensation for their injuries, damages, and losses.
How can a personal injury lawyer assist after an unexpected accident in Fort Worth?
Following an unexpected accident, a Fort Worth personal injury lawyer can provide crucial assistance by navigating the legal process on your behalf. This includes gathering evidence, filing insurance claims, negotiating with insurance companies, and, if necessary, representing you in court. Their goal is to alleviate the burden on you so you can focus on your physical recovery while they secure the financial reward you deserve for your injuries and losses.
What types of accidents do personal injury lawyers handle?
Personal injury lawyers handle a wide range of accidents including, but not limited to, vehicular accidents (car, motorcycle, truck, etc.), slip and fall accidents, workplace injuries, daycare injuries, and any incidents resulting in personal harm.
Each type of accident has legal considerations, which a skilled lawyer can navigate effectively.
How long must I file a personal injury claim in Fort Worth?
The statute of limitations for filing a personal injury claim in Texas is generally two years from the accident date. Initiating the legal process as soon as possible is critical to ensure your claim is filed within these time constraints. Delaying can jeopardize your ability to seek compensation.
What can I expect in terms of financial reward from a personal injury claim?
The financial reward from a personal injury claim can vary significantly depending on the specifics of your case, including the severity of your injuries, the extent of your economic losses, and the circumstances of the accident.
Compensation may cover medical expenses, lost wages, pain and suffering, and other related costs. A knowledgeable personal injury lawyer can help you understand what your claim might be worth and work to secure the maximum compensation available under the law.
How do insurance claims work in the context of a personal injury case?
Insurance claims play a critical role in the personal injury legal process, serving as the primary means for many victims to receive compensation.
Your lawyer will submit all necessary documentation to the insurance companies involved, negotiate with these companies to ensure a fair settlement and challenge any denials or underpayments.
What should I do if my child was injured in a daycare facility?
If your child has suffered injuries due to negligence or improper care in a daycare facility, consulting with a personal injury lawyer experienced in handling daycare injuries is crucial. These cases often involve complex legal and regulatory issues, and a lawyer can help you understand your options for holding the responsible parties accountable and seeking compensation for your child's injuries.
How do I choose the right personal injury lawyer in Fort Worth?
Choosing the right personal injury lawyer involves considering their experience with cases similar to yours, their track record of success, and their approach to client communication and service. It's important to work with a lawyer who is skilled in the legal aspects of personal injury claims and compassionate and supportive, recognizing the challenges you face during your recovery from an unexpected accident.
For more information or to discuss your case, please reach out to our legal team.
We are dedicated to helping individuals in Fort Worth navigate the personal injury legal process and achieve the best possible outcomes for their cases.
Injuries Commonly Covered by Personal Injury Claims
Personal injury lawsuits cover a wide range of incidents and injuries, reflecting the numerous ways individuals can be harmed due to negligence or wrongdoing. The most common injuries represented in these lawsuits often result from situations where parties have failed to maintain a safe environment, leading to harm. Here, we'll delve into these injuries, emphasizing how victims and their families seek to recover compensation for their losses and damages.
- Slip and Fall Injuries: These injuries occur when an individual slips, trips, or falls as a result of unsafe conditions on a property. Victims can suffer from broken bones, head injuries, and sprains. Property owners may be held liable if they neglected to maintain a safe environment, prompting the injured party to seek compensation for medical bills, lost wages, and pain and suffering.
- Vehicle Accident Injuries: Injuries from car, motorcycle, and truck accidents are among the most common in personal injury cases. Victims can sustain a range of injuries from whiplash and broken bones to more severe, life-altering conditions such as traumatic brain injuries or spinal cord damage. Those affected may recover compensation for their physical, emotional, and financial hardships through personal injury claims against negligent drivers or other parties.
- Workplace Accidents: Workplace accidents, particularly in high-risk industries such as construction accidents, can lead to severe injuries or fatalities. Common injuries include falls, machinery-related injuries, and exposure to harmful substances. Employees or their family members may file for workers' compensation claims or, in certain situations, pursue personal injury lawsuits to recover compensation for medical expenses, loss of earnings, and rehabilitation costs.
- Construction Accidents: Given the hazardous nature of construction work, injuries here are frequently represented in personal injury lawsuits. These can range from falls from heights and electrical burns to injuries from heavy machinery. Workers or their family members may seek compensation through personal injury claims against negligent parties, which could include employers, contractors, or equipment manufacturers.
- Wrongful Death Claim: In tragic circumstances where negligence leads to a fatality, the deceased's family members may file a wrongful death claim. This legal action seeks to recover compensation for funeral expenses, loss of income, emotional distress, and the loss of companionship. Wrongful death claims can arise from any of the situations mentioned above, among others, where another's negligence or intentional act caused the death.
- Product Liability Injuries: When defective or unsafe products cause harm to consumers, personal injury lawsuits can result. Injuries from defective products can range from minor to severe, including burns, lacerations, or more serious health issues from chemicals or dangerous materials. Consumers or affected family members seek to recover compensation from manufacturers, distributors, or retailers responsible for the defective product.
In each scenario, personal injury lawsuits serve as a vital mechanism for injured individuals or their family members to recover compensation for the losses sustained due to another's negligence or wrongdoing.
These legal actions provide financial relief and hold responsible parties accountable, potentially preventing future harm to others.
Experienced Fort Worth Personal Injury Attorneys Who Will Fight for You
If you have sustained a serious injury or if a loved one has been killed or injured, it is natural to have questions. You may wonder how much your claim may be worth and how long the claims process may take. You may wonder whether filing a lawsuit is the best way forward or if there are other options.
Since every personal injury case in Fort Worth is different, one of the simplest ways to get answers is to speak with the Fort Worth personal injury lawyers at the Francis Law Firm in a free, confidential consultation.
If you or a loved one has been injured or killed due to the negligence or intentional act of another, contact our personal injury law firm for a free consultation with our personal injury attorneys. 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, 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 817-396-7954 today for a free, no-obligation consultation. From our office in Southlake, Texas, we serve communities throughout the Dallas/Fort Worth area and the entire state of Texas.