Personal Injury

Articles related to Texas personal injury law, produced by our Dallas law firm, to help answer important questions you may have about personal injury in Texas.

How Personal Injury Lawyers Write Persuasive Demand Letters

The demand letter begins your negotiation process. Learn how personal injury lawyers write demand letters that get you max compensation.
You’ve been injured. You’ve hired a competent personal injury lawyer.

Good, now most of the process from here is on the lawyer.

Once you have concluded treatment and the full extent of your injuries is known your lawyer will write a demand letter to the at-fault party and/or the insurance carrier for the at-fault party.

A demand letter is just like it sounds: you state your case as to why the defending party owes you money, and you tell them how much they owe you.

Now it’s important to remember that this letter simply starts the negotiation process. There will always be back-and-forth arguing, and usually a compromise. If no compromise happens, then your case goes to court.

It should be noted that roughly 90% of cases settle out of court because it costs more time […]

By |November 19th, 2015|Categories: Personal Injury||0 Comments

4 Reasons a Personal Injury Lawyer May Not Take Your Case

Your case may not be one a personal injury lawyer can take on. Learn about some of those cases in this post.
You may have to talk to a few personal injury lawyers before you find the right one. But remember, it’s a mutual decision that should fit both parties.

You should like your lawyer and be confident they can win your claim. And your lawyer should feel confident they can win your case too.

But, some personal injury lawyers might say “no.” You can ask them why – and realize it’s nothing personal.

Here are some reasons why a personal injury lawyer may not take your case:

They Have a High Caseload in the Next Several Months

It’s only fair, right? Your claim should get the maximum attention it deserves. Well, some lawyers are busy because they have great reputations. So, they may not be able to investigate all aspects of your claim and build […]

By |November 9th, 2015|Categories: Personal Injury||0 Comments

When Can Pedestrians Recover Compensation for Injuries?

A car hits you as you cross through an intersection. Can you get money for that? Find the answer in this post.
Pedestrian injuries, overall, are falling. But they’re on the rise in one respect: distracted walking.

Can you guess what’s distracting them?

No, it’s not the beautiful woman or handsome young man across the street.

You probably got it, though – smartphones. Texting, talking on the phone, e-mailing, listening to music, watching videos, or whatever it happens to be.

Smartphones are super cool and handy – there’s no doubt about that. But as a whole, we’re letting them get a little too much of our attention.

Ohio State did some research, and found that cell-phone-related pedestrian injuries more than doubled from 750 to 1,500 from 2005 to 2010.

And note that smartphone use has increased significantly since 2010. So those numbers are likely higher today.

Fault Gets Complicated in Pedestrian Accidents

Now if you’re on your cell […]

By |November 5th, 2015|Categories: Personal Injury||0 Comments

What is an Intentional Tort?

In personal injury law, there’s such a thing as an intentional tort. Learn what one is and how it affects you in this post.
When you think of most personal injury cases, you think of negligent, careless, or reckless behavior. The individual doesn’t intend to harm someone, but because they acted in an unreasonable way that most people wouldn’t, another person gets hurt.

So they bear at least some level of responsibility for any injuries that result.

With intentional tort, the alleged wrongdoer intended to commit harm to someone else. For example, someone says some nasty words to you in a bar. They then physically hit you when you step outside to chat with some friends.

They intended to roll up their hand into a fist, punch you, and cause harm to you.

No doubt that’s intentional.

Two Kinds of Intentional Tort

There are two kinds of intentional tort: specific and general. In the case just discussed, […]

By |November 2nd, 2015|Categories: Personal Injury||0 Comments

How Personal Injury Attorney Fees Work

How do you pay personal injury attorneys? Learn the ins and outs of their fees in this post.
If you’re injured, one of your first concerns might be, ”How will I ever afford a personal injury lawyer? Lawyers are expensive, aren’t they?”

Relax! Don’t sweat it.

Everyone can afford a personal injury lawyer. You can afford a good one, even if you have no monthly income whatsoever.

Here’s why:

Personal Injury Lawyers Only Get Paid When Your Case Wins

Not every personal injury lawyer works this way – more on this in a minute. But the vast majority of personal injury attorneys don’t charge you a penny until your settlement check is received.

Seems fair – doesn’t it? After all, the other party, not you, is responsible for your injuries.

Most Personal Injury Law Firms Front the Expenses on Your Case

Most personal injury attorneys advance the cost of all case expenses and only recover the expenses if a […]

By |October 30th, 2015|Categories: Personal Injury||0 Comments

Beware of Trucking Companies Stipulating to Liability

You’re taking a personal injury claim against a trucking company. They’re “stipulating to liability.” What does that mean, and how does it affect you?
Ready for “Personal Injury Law 101?”

If you hear the words “stipulating to liability,” loud, blaring bells and whistles should go off in your head. In fact, anytime you hear something you don’t understand in law, you should immediately be concerned and get answers from your lawyer. With “stipulating to liability,” it means the defendant could be trying to hide some facts of the case that could improve your chances of winning, or reduce the damages you receive.

Take a Look At How This Plays Out in Reality…

For example, say a drunk semi-truck driver hits you, causing severe bodily injury, the complete totaling of your car, and you missing time from work. Now let’s say the company has a sloppy hiring and training process that allows practically any driver […]

By |September 25th, 2015|Categories: Personal Injury||0 Comments

4 Key Differences Between Workers’ Compensation & Personal Injury Law

What’s the difference between workers’ compensation and personal injury law? Find out in this post.
With workers’ comp, you have to understand why it was created in the first place. And that reason was to protect both employers and employees by eliminating the need for litigation. Workers’ comp is intended to be insurance, a “safety net” for employees that get injured at work.

The basic idea of personal injury law, on the other hand, is to provide financial relief to the affected parties and deter others from engaging in the same kind of actions.

With basic definitions in your hand, take a look at some of the differences between personal injury law and worker’s compensation:

Personal Injury Law Requires You to Prove Fault

You, the plaintiff, must show the defending party was negligent, and at least partially responsible for your injuries. Just because you’re harmed in an accident, that doesn’t mean you can recover compensation […]

By |September 10th, 2015|Categories: Personal Injury||0 Comments

America’s Silent Killer: Traumatic Brain Injury

An amazing 144,000 Texans experience a TBI each year. Learn more about TBIs, what causes them, and how they can be prevented.
The National Highway Traffic Safety Administration (NHTSA) levied its highest fine ever – $105 million against Fiat Chrysler. On July 26th, Fiat Chrysler acknowledged numerous violations of the Motor Vehicle Safety Act’s requirements to repair vehicles with safety defects. In addition to the $105 million fine, Fiat Chrysler agreed to buy back some of the defective vehicles and submit to intensive federal oversight. The violations stem from 23 recalls that covered more than 11 million of their defective vehicles.

And for the past decade, more than 3,000 motorists have died on Texas highways each year. In 2014, there were just 288 fewer deaths (3,534 versus 3,822) than 2003, an 8.1% decrease. Deaths on Texas highways reached a recent low in 2010, with 3,060, and have been on the rise every […]

By |August 10th, 2015|Categories: Personal Injury||0 Comments

Should I Have Gap Insurance for My Car? How’s It Work?

Do you owe more on your car than its market value? You could be in a dire situation and not even realize it. Learn more about gap insurance.
It’s a nightmare scenario. Your car gets totaled in a wreck.

Okay, no sweat. You have insurance, so you’ll be covered. Nothing to worry about.

Wait a minute!

Your insurance company says they’re going to pay the value of your vehicle – $18,000. But you have $24,000 left on your loan!

What happened?

That’s just how insurance works, really. It’s designed to pay the current cash value of your vehicle – not the cost of your loan.

So you could be sitting on a time-bomb, completely unaware of it.

Who Should Have Gap Insurance?

Generally, it’s for you if you don’t have much equity in your car. Specifically, it’s likely for you if you:

Lease your car
Finance for 5 years or more
Paid less than 20% down
Drive a lot – more than 15,000 […]

By |July 14th, 2015|Categories: Personal Injury||0 Comments

What Settlement Confidentiality Is & How it Affects You

Don’t want the public to know about your personal injury case? No problem. Learn how settlement confidentiality works in this post.
Diane Vasilion, 52, was left with brain damage and partial paralysis after a 1994 car accident involving multiple vehicles. In 2000, she was awarded $35 million, then the largest amount in Illinois state history.

Said nicely, many friends and long-lost family members tend to suddenly come out of the woodwork when they hear about this. And unfortunately, sometimes scammers approach people with large financial awards. Other relatives might get jealous and angry, thinking the award was excessive.

But, you can prevent all this with a “settlement confidentiality agreement.” And when you have that signed, the only information that goes public is you and the defendant agreed to a “cash payout.” No one learns the amount of the payout, or the factors causing you and the defendant to agree to the settlement.

Other Reasons […]

By |July 7th, 2015|Categories: Personal Injury||0 Comments