An injury caused by someone else can have a devastating effect on your life. It can leave you with significant medical bills, make it difficult for you to work, and affect the activities you can do for the rest of your life.
At Kraft & Associates, Attorneys at Law, P.C., we’re dedicated to providing injured people with comprehensive legal support and helping them seek the compensation they need. Contact our Dallas personal injury law firm at (214) 999-9999 for a free consultation with a qualified member of our legal team. We’ll explain your options and walk you through the legal process of seeking financial recovery.
Benefits of Hiring Our Personal Injury Lawyers
Injuries can severely disrupt your life. The more severe your injury is, the more complicated your claim will likely be. If you were seriously hurt in an accident, it’s imperative to hire a personal injury attorney to help you seek financial relief. Even if you only suffered minor injuries, it can still be expensive to seek medical treatment. A lawyer can fight for you to receive fair compensation. If someone else caused the accident that left you injured, you shouldn’t be responsible for any costs associated with your recovery.
Some of the benefits that our attorneys can help you with are:
- Explaining your rights and offering you legal advice
- Documenting your losses and calculating the total value of your claim
- Clearing up liability issues
- Negotiating with the insurance company on your behalf
- Filing a lawsuit and representing you in court if necessary
No matter how straightforward you believe your claim is, It’s never a bad idea to hire an experienced personal injury lawyer.
Client Testimonials for Our Personal Injury Lawyers
Hear directly from clients who have walked the path you’re on right now and emerged with results that made a difference in their lives. These testimonials offer real insights into the expertise, compassion, and dedication you can expect from our team of personal injury lawyers.
Kraft & Associates was the best law firm to work with. My lawyer was Mr. Stewart and the assistant who worked on my case is Tressa Gregory. Two of the best people I have had the pleasure to meet with. All of my emails were answered within 12 hours. Very responsive and compassionate. if you are looking for a law firm to represent you and actually care about you and not just collecting a fee work with Kraft and Associates.
They won my case for me! Great people, great service! I highly recommend them! Thank you all at Kraft and Associates! God Bless yous!
Really appreciate Kraft & Associates for a job well done. Matt Stewart really took control of the problem and produced a wonderful result. I definitely recommend these guys for happy endings.
Steps to Follow After a Serious Personal Injury
- Selecting an attorney. For most accident victims, the first step in bringing a personal injury claim is hiring an attorney. Technically speaking, you do not need a lawyer to represent you in court. However, your chances of success are substantially greater if you have professional representation. You should work with an attorney who is not only experienced in personal injury claims but who has successfully handled claims like yours before. You will also want to ensure the attorney you choose has a proven track record in the courtroom and will take your case to trial, if necessary.
- Launching an investigation to collect evidence. Even after you hire a lawyer, that does not mean you will immediately proceed to file a lawsuit. Your attorney will first conduct an investigation to collect evidence in support of your personal injury claim. You can actually begin this process before even contacting a lawyer. You can start with the accident itself. Most of us carry smartphones with excellent cameras. You can use your phone to take pictures of the accident scene and your injuries. Such evidence often proves helpful to your attorney as he or she attempts to reconstruct what happened. If anyone else saw the accident, it is also helpful to get their names and contact information, so your attorney can interview them as potential trial witnesses.
- Documenting the extent of your injuries. You will need to show the court proof of your accident-related injuries. Here, the best evidence is medical records. You should always go to the emergency room – or at least see your own primary care physician – as soon as possible following an accident. All records of this and any follow-up care will provide crucial documentation of the extent of your injuries.
- Consulting with experts. In some cases, particularly ones where the defendant’s liability is contested, it may be necessary for your personal injury lawyer to consult with an expert witness, such as an accident reconstructionist. These experts can serve as trial witnesses to help a judge or jury understand the events leading up to the accident.
- Negotiating a settlement or filing a personal injury lawsuit. Contrary to what you might think, most personal injury cases are settled without the need for a trial. Indeed, when faced with overwhelming evidence of negligence and the extent of the victim’s injuries, defendants (and their insurance carriers) are usually eager to settle. If a settlement proves impossible for whatever reason, your personal injury attorney will assist you in filing a lawsuit. Please note that it can take several months – and sometimes years – before a lawsuit is actually ready for trial. During that time, your attorney may continue with settlement talks.
- Obtaining the final outcome. If a personal injury case goes to trial, a jury (or sometimes just the judge) will hear evidence and arguments from both sides before rendering a verdict. The losing side may decide to appeal the verdict, but barring that, the trial court’s decision is final.
How to Know If You Have a Strong Personal Injury Case
In terms of the law in Texas, an accident victim needs to show three things to prevail in a personal injury case:
- There was a negligent party. “Negligent” is the key word here. In an auto accident, for example, you do not need to prove the other driver intentionally hit you. You only need to show they were careless, reckless, or otherwise acted with a disregard for traffic laws or public safety. In other words, if the other driver ran a red light and hit you, that is usually sufficient to prove negligence.
- The negligent act caused a personal injury. Even when there is clearly negligence on the part of the defendant, the plaintiff must still prove that negligence caused some specific, identifiable injury. This may include physical injuries, damages to the plaintiff’s car, or even psychological injuries traceable to the accident.
- The injury resulted in compensable damages. In a legal context, “damages” refers to the amount of money an accident victim may recover from a negligent defendant. As with negligence, the plaintiff needs to prove the existence and amount of damages, which may include items like medical bills or loss of income.
Compensation You Might Be Entitled to in a Personal Injury Claim in Texas
An injured person can potentially recover several types of compensation, such as:
- General damages for losses that cannot be easily measured, such as pain and suffering.
- Lost wages for income not earned due to the injury.
- Expenses for medical bills and all associated costs incurred from the injury.
- Lost earning potential for future work.
- In cases of gross negligence, punitive damages may be part of the settlement or verdict.
An injured person’s family can recover damages as well, including awards for loss of affection (known as loss of consortium) or a claim or lawsuit for wrongful death if the victim has died.
Time Limit to File a Dallas Personal Injury Lawsuit
Under Texas law, there is a limit on the amount of time you have to file a lawsuit for compensation for your personal injuries. This filing deadline is known as the statute of limitations. Generally speaking, you have two years from the date of your injury to file a personal injury lawsuit. If you fail to file your lawsuit before the expiration of the statute of limitations, the court can dismiss your suit.
Common Types of Personal Injuries in Dallas
The most common personal injury lawsuits in Dallas may be necessary for a range of injuries that are the result of accidents or other acts of negligence. Some of the most common serious personal injuries suffered in accidents include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Back injuries
- Internal injuries
- Fractures and broken bones
- Disfiguring facial injuries and scars
- Limb loss and amputation
- Neck injuries and whiplash
- Knee injuries
- Foot and ankle injuries
- Shoulder injuries
- Wrist and hand injuries
- Lacerations, bruises and “road rash.”
- Burn injuries
- Crush injuries
- Soft-tissue injuries
- Nerve Injury
Types of Cases Our Dallas Personal Injury Attorneys Handle
At the law firm of Kraft & Associates, Attorneys at Law, P.C., we primarily handle the following types of claims:
Car accidents – A large number of personal injury cases are the result of car accidents, often involving significant injuries or loss of life. Many of these cases involve permanent impairment, disfigurement, or long-term medical conditions that will affect the injured person forever.
Motorcycle accidents – Motorcyclists are at far higher risk of catastrophic injuries or death if hit by another vehicle. The long-term consequences are often significant, including impairments such as brain damage or spinal cord injuries.
Truck accidents – There are a shocking number of commercial truck accidents in the Dallas area, frequently leading to serious or catastrophic injuries or death. These are complex cases that may involve many liable parties.
Pedestrian accidents – High traffic volume in the area as well as the large number of distracted and drunk drivers has contributed to a staggering number of pedestrian accidents. These accidents are often fatal. If the victim survives, he or she may face permanent impairments or other serious health conditions.
Bicycle Accidents – Bicyclists are at a high risk of suffering serious injuries or death after being in in accident involving other vehicles. We represent victims in bicycle accidents in Dallas, Fort Worth, and throughout the north of Texas.
Medical malpractice – Healthcare providers who fail to meet the accepted standard of care and cause patient harm may be held liable for their negligence. Medical malpractice can occur in a variety of settings and may result in serious consequences for the patient.
Birth injuries – There are accepted standards of care that must be employed by medical professionals who attend a birth, including careful and ongoing monitoring of the condition of the child. If a baby is injured because of medical negligence, the child’s family may be entitled to compensation.
Prescription drug injuries – Drug manufacturers sometimes release drugs or fail to recall drugs, even after they become aware of possible harmful or fatal side effects. If you have suffered due to harmful prescription drugs, you may be entitled to compensation.
Pharmacy errors – Some pharmacists are pressured to work longer hours and fill more prescriptions than in the past. This situation can lead to disastrous results if a prescription is incorrectly filled.
Maritime accidents – Accidents involving the waterways fall under specific federal laws and are handled differently from other personal injury cases. Whether an injury is related to a boating accident, gas or oil extraction accident, or another incident on the water, it is vital that you are represented by an attorney who is fully familiar with maritime accidents.
Premises liability – This category of claims includes matters such as inadequate security, but by far the most common claims are slip-and-fall injuries. An injured person must typically show that the property owner either caused the dangerous condition or knew about it before the fall and took no action to warn the injured person.
Defective and harmful products – This is the area of law known as product liability and concerns the legal liability of manufacturers and sellers to compensate consumers for damages and injuries suffered because of design defects, manufacturing defects, or marketing errors.
Airbag injuries– Most consumers probably know that injury claims can be made against automobile manufacturers in the event of an airbag malfunction. If an airbag fails to deploy or deploys too slowly or too quickly, a claim can be made for the resulting injuries. However, most consumers may not realize that a claim can be made for injuries caused by the failure to provide airbags in vehicles.
Contact Our Dallas Personal Injury Attorneys Today!
If you were injured by someone else’s actions in Dallas, TX, call the compassionate team at Kraft & Associates, Attorneys at Law, P.C. With over 50 years of experience helping injured Texans, we know what it takes to build solid personal injury cases. To learn more about what it’s like to work with our team, we encourage you to check out some of our many positive reviews on Google.
Contact us at (214) 999-9999 or fill out our online form today for a free case review with our personal injury lawyers.
Frequently Asked Questions (FAQ) About Personal Injury
What is a Personal Injury Case in Dallas?
A personal injury case is a way for accident victims to seek financial compensation for harm they suffered because of another party’s actions. The at-fault party could be an individual, a company, or a government entity.
To secure the compensation you need through a personal injury case, you’ll have to demonstrate that the at-fault party’s actions contributed to or caused the incident and your injuries. That requires gathering various types of evidence, including:
- Accident scene photos and videos
- Eyewitness statements
- Expert witness testimony
- Medical records
- Various other types of evidence specific to your case
The best way to maximize your recovery following a personal injury incident is to work with an experienced attorney. Your lawyer will handle all aspects of your case, including investigating the accident, calculating your case’s value, filing your insurance claim or lawsuit, negotiating with insurers, and representing you in court if necessary.
Can I Talk Directly With the Insurance Company After My Accident vs. Hiring a Lawyer First?
It’s always in your best interest to hire a lawyer before talking to the at-fault party’s insurance company. The insurance company’s goal is to pay you as little as possible. When an insurance adjuster speaks to you, they may try to get you to admit fault for the accident or say something else they can use to deny or devalue your case.
When you hire a personal injury lawyer, they can deal with the insurance company on your behalf and prevent the insurance adjuster from twisting your words to use against you. If you have to speak with the insurer, your lawyer will be there to help you answer the questions in a way that doesn’t harm your case.
How Much is My Dallas Personal Injury Case Worth?
Many factors contribute to the value of a personal injury case in Dallas. Some of the most impactful include:
- The severity of your injuries
- The cost of your medical treatment
- The length of time you are out of work
- The impact your injuries have on your daily life
- Whether your injuries resulted in permanent disability
- Whether you share any fault for the accident that caused your injuries
During your initial consultation with a personal injury lawyer, they may be able to provide a general estimate of what your case could be worth based on these factors and what the lawyer knows about your case at the time. The most important factor is typically the severity of your injuries, as it significantly affects the other factors.
Texas also uses a modified comparative negligence rule, which it calls proportionate responsibility. This rule reduces the compensation an injury victim can receive by their percentage of fault. Victims also cannot recover compensation if they are found to be more than 50 percent at fault. An experienced personal injury lawyer can work to build a case that minimizes the amount of fault placed on you to protect your right to fair compensation.
What if My Child or a Family Member Was Injured?
If someone else’s negligence injured your child or another dependent family member, you may be able to file an insurance claim or personal injury lawsuit on their behalf. It depends on whether your child is a minor or you are the legal guardian of a dependent family member, such as an aging adult who is no longer able to make legal decisions.
In some cases, there may be multiple victims of an accident. For example, you and your child may both be injured in a car crash caused by a distracted driver. In this event, you would each have a separate personal injury case. However, the compensation you could each receive may be reduced due to how insurance companies pay for injuries caused by the same accident. Your personal injury attorney can explain what claims you may be able to file and help find additional sources of compensation.
What Documents Should I Bring to My First Meeting With a Lawyer?
When preparing for your first meeting with a Dallas personal injury lawyer, you should bring as much documentation about the accident and your injury as possible. Some of the key documents you may want to bring are:
- A copy of the police or incident report
- Any eyewitnesses’ contact information
- Your medical records detailing your injury
- Medical bills you’ve already received
- Pre-injury income statements
- Pictures of the accident scene
- Any correspondence from the at-fault party or their insurance company
- A list of questions to ask the lawyer regarding your case
Bringing these items can help get your case started on the right foot and allow your attorney to give you a better idea of what to expect.
What Qualifies as a Personal Injury Case in Texas?
Personal injury cases in Texas can arise from any situation in which someone else’s actions cause you harm. Negligent actions are those that differ from what a reasonable person in a similar situation would have done. For example, texting and driving is negligent because reasonable people understand the dangers involved. Intentional harm can also result in a personal injury case, as can injuries caused by defective products.
The following are some examples of personal injury cases that our Dallas lawyers handle:
- Motor vehicle accidents
- Slips and falls
- Premises liability
- Negligent security
- Animal attacks
- Defective products
- Medical malpractice
- Physical assaults
- Maritime accidents
- Workplace accidents
Depending on the type of accident that harmed you, various parties could be liable for your injuries. Your lawyer can identify those parties by conducting a thorough investigation so that you can hold them financially accountable.
What if My Injury Seems Minor? Should I Still See a Doctor?
Even if your injury seems minor, you should still see a doctor. This is because some serious injuries can appear minor at first, before severe symptoms develop.
A common injury that exhibits this behavior is whiplash. Whiplash is a soft tissue injury affecting the muscles, ligaments, and tendons in the neck that is commonly seen in car accident victims. While victims may feel slight soreness at first, the worst of the whiplash symptoms may take days or weeks to manifest fully.
It’s not only important to see a doctor for your injury so that you can receive the necessary treatment but also so that you can start a paper trail of your injury. If you wait too long to seek treatment, the insurance company may question whether your injury is actually as severe as you claim or if it’s related to the incident at all. The sooner you get medical attention, the easier it will be to connect your injuries to the accident and prove their severity.
What is the Difference Between a Claim and a Lawsuit?
Personal injury cases can take the form of either a claim or a lawsuit – although these terms are often used interchangeably. When you hear a lawyer refer to a claim, they’re typically discussing an insurance claim. And when they refer to a lawsuit, they’re talking about a legal action. While these may sound similar, they have some key differences that are crucial for your case:
- Personal injury claim – Insurance claims often don’t have strict timelines established by law in the same way lawsuits do. They also don’t involve the court system. The insurer and your lawyer hash out a settlement deal instead. And the compensation recovered through an insurance claim comes from the insurer, not the at-fault party directly.
- Personal injury lawsuit – With a lawsuit, you must file your case within a specific time period. While your lawyer can still try to negotiate, your case may go to trial if a fair settlement can’t be reached. In most cases, your lawsuit will still be against the insurer, but the at-fault party could be directly liable for your losses. A personal injury lawsuit could also potentially result in higher compensation.
Your personal injury attorney can advise you on which path is most effective for pursuing maximum compensation in your case.
How Long Will My Personal Injury Case in Dallas Take to Resolve?
The exact amount of time your personal injury case will take to resolve depends on various factors, including:
- The severity of your injury
- Liability disputes
- Whether your case settles or goes to trial
Generally, a simple case can take several months, while a more complex case could take a year or more.
Can I Reopen My Personal Injury Case After It’s Settled?
In most cases, you cannot reopen a personal injury case after it’s settled except in very rare circumstances, such as if fraud occurred or when there isn’t an agreement preventing future claims. For this reason, any settlement you accept must cover both your past and future expenses related to your injuries.
Working with an experienced lawyer can help you account for the full extent of your losses, allowing you to seek all the compensation you need before it’s too late.