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The Wilhite Law Firm

3500 Oak Lawn Avenue

Suite 740

Dallas, TX 75219

Phone: 214-888-8080

Dallas Personal Injury Attorney

A photo of Dallas, where The Wilhite Law Firm personal injury office is located.

Our Dallas personal injury law firm has the experience and resources needed to build a strong, compelling claim for financial recovery on your behalf. From investigating the accident to negotiating aggressively for a settlement to taking the liable party to court, we are prepared to fight for your rights.

Throughout the legal process, our Dallas personal injury attorneys will provide the personalized, attentive service you deserve. We’ll always make ourselves available to answer your questions and ensure you know what to expect next. Contact one of our dedicated Dallas personal injury attorneys at The Wilhite Law Firm today for a free case review.

Awards & Recognition
$9.5M
Settlement
Fee: $3,600,000.00
Cost: $189,308.00
$2.5M
Settlement
Fee: $1,000,000.00
Cost: $29,824.00
$2M
Settlement
Fee: $784,000.00
Cost: $226,650
$1.9M
Settlement
Fee: $460,000.00
Cost: $57,500.00

How Can Our Dallas Personal Injury Lawyers Help You?

If you have been harmed due to someone else’s negligence, do not hesitate to consult with a personal injury attorney as soon as possible. At The Wilhite Law Firm, our injury attorneys are ready to:

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    Investigate the accident

    Our attorneys have the resources and skills needed to launch an independent investigation into the accident. While you recover from your injuries, we will do the legwork to thoroughly investigate the cause of your accident and injuries.

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    Collect evidence

    As part of our investigation, we will gather evidence to support and strengthen your claim. This may include surveillance footage of the accident, testimony from any witnesses, the police report or incident report, and more. We can also consult with accident reconstruction experts, traffic engineers, doctors, and other specialists whose testimony may bolster your case.

  • Calculation document icon

    Document damages

    We will compile a record of all your expenses and calculate the damages you are owed. This will include economic and noneconomic losses sustained up to the present, as well as future anticipated losses you may face due to your injuries. If multiple parties were responsible for your accident, we will pursue every source of compensation.

  • Negotiation icon

    Negotiate a settlement

    We will aggressively negotiate with the at-fault party and their insurers to ensure a fair settlement on your behalf. Insurance companies will use all sorts of maneuvers to reduce the size of your settlement. Our injury attorneys know how to strike back and will not back down until a fair settlement is reached.

  • Courthouse icon

    Take your case to court

    If a reasonable settlement cannot be reached, our attorneys are ready to litigate your case in court. Our legal team has decades of experience advocating at the negotiating table as well as before a judge and jury. 

FAQS

Texas Personal Injury

How Do You Establish Liability in a Personal Injury Claim?

To secure compensation through a personal injury claim, you will need to prove by a preponderance of the evidence that the defendant was responsible (“liable”) for the incident that caused your injuries and other losses. In most personal injury cases, this requires showing that the at-fault party was negligent. More on this is below. 

However, it is not enough to show that someone caused an accident. You will also need to demonstrate that you suffered harm as a result. Your compensation (“damages”) will be calculated based on the extent and severity of the harm suffered. 

What Is Negligence in Dallas?

Though not all, most personal injury cases are based on the legal concept of negligence. In law, negligence arises when someone fails to exercise the same level of caution that a reasonable person would show in a similar situation. 

For example, failure to adjust your speed when driving in inclement weather likely counts as negligence. If the negligent driver causes an accident, they will be held responsible for compensating injured victims. A plaintiff who files a personal injury lawsuit based on negligence must normally show that the defendant’s failure to uphold their legal duty to use reasonable care caused the plaintiff’s injuries.

However, in some cases, plaintiffs may also rely on a distinct legal theory known as negligence per se. Negligence per se occurs when someone violates a law specifically put in place to keep people safe. If such a violation results in an accident the statute sought to prevent, injured plaintiffs need only prove that the violation occurred and caused their injuries. 

Do I Have to Speak to the At-Fault Party’s Insurer?

No. There is no law requiring you to speak with the at-fault party’s insurer after an accident. In fact, speaking to their insurer is risky unless you know exactly what to say and what not to say. A single slip-up could give an adjuster everything they need to shirk their company’s responsibility to pay your claim. 

Instead, you should let your personal injury attorney do the talking. A knowledgeable injury lawyer can handle all communication with the at-fault party’s insurer for you, sparing you from dealing with tricky adjusters and worrying about watching everything you say.

Do I Have to Report Accidents to My Own Insurer in Dallas?

Your auto insurance policy most likely requires that you notify your provider any time you are involved in an accident that may be covered through a first-party claim. Though the deadline will vary from policy to policy, you are normally contractually obligated to report accidents within 30-60 days. Be sure to read your policy carefully, as failure to comply with the deadline can eliminate your coverage.

What If I Am Partially Responsible for the Accident in Dallas?

If you were partially responsible for an accident, you may be wondering whether you can still recover compensation. Fortunately, yes. Texas courts deploy a concept known as comparative negligence (also referred to as “proportionate responsibility”). Under this rule, injury victims can recover compensation for personal injuries so long as they were not 50 percent or more responsible for the underlying cause of the accident. 

However, the amount of money they are entitled to be reduced proportionately to their degree of fault beneath 50 percent. For instance, if a plaintiff was 25 percent responsible for a car accident that left them with $100,000 in medical expenses and property damage, the most they could recover would be $75,000.

What Do You Have to Prove in a Dallas Personal Injury Claim?

To pursue a personal injury claim, you will need to prove that the other party was at fault for the accident or event that caused your injuries. In other words, you need to establish that the other party was “liable” for your related losses. Specifically, you will need to show that the other party was negligent, meaning they failed to use reasonable care to avoid injuring others.

In addition, you will need to demonstrate that you suffered losses as a result of the accident, such as medical expenses, property damage, lost income, and intangible losses such as pain and suffering.

How Much Does a Dallas Personal Injury Attorney Cost?

At The Wilhite Law Firm, we offer our legal services on a contingency basis. This means you pay nothing out-of-pocket for us to start working on your case. We cover the up-front costs of pursuing your claim, and you pay nothing unless we win your case. To make sure there are no surprises down the road, we are paid a prearranged percentage of the amount we ultimately recover on your behalf.

How Much Is Your Dallas Personal Injury Claim Worth?

Every personal injury case is unique. The amount of compensation you can recover will depend on many factors, including the severity of your injuries, the extent of your losses, the circumstances of the accident that injured you, and the number of liable parties.

Compensation is designed to cover various losses resulting from the injury, including:

  • Present and future medical expenses related to your injuries, including hospital bills, physical therapy, diagnostic tests, treatments, procedures, prescription medications, lodging, and meals
  • Lost wages if you are unable to return to work due to the nature of your injury, as well as reduced earning capacity for the future
  • Pain and suffering, which includes the non-economic damages you’ve endured, such as post-traumatic stress disorder (PTSD), loss of enjoyment of life, emotional anguish, and mental distress

What Is the Deadline for Filing a Personal Injury Claim in Texas?

Each state limits the time injury victims have to file a lawsuit through a law known as the statute of limitations. In Texas, the law typically gives only two years from the date of the accident to file a personal injury lawsuit in court. If you fail to file your lawsuit by the deadline, your right to pursue compensation from the at-fault party will most likely be eliminated. You will also lose the upper hand in out-of-court settlement negotiations with the at-fault party and their insurers. 

This strictly enforced law exists for several reasons. First, as time goes on, evidence can deteriorate or disappear, which can compromise a jury’s ability to come to a fair and just decision. Second, it encourages injured parties to bring their claim sooner than later, sparing defendants from the never-ending threat of a lawsuit. Third, it prevents courts from being inundated by years-old cases.

Can the Filing Deadline Be Extended?

Yes, the deadline set by the statute of limitations can be extended in limited circumstances. For example, the usual two-year deadline for filing personal injury claims may be extended in cases where:

  • The injured person is under 18 when the accident occurred
  • The injured person is mentally incapacitated when the accident occurred
  • The at-fault party leaves the state
  • The at-fault party conceals their culpability 
  • The injuries are not discoverable until some time passed after the accident

To determine whether any of these exceptions apply to your case, it is best to speak to a personal injury attorney sooner than later.

What Are Some Common Injuries That Give Rise to Personal Injury Claims?

Accidents can result in a wide variety of injuries. They range from minor to catastrophic. Catastrophic injuries are typically defined as sudden, life-altering injuries with long-term consequences.

Common personal injury examples include:

  • Spinal cord injuries (SCIs)
  • Traumatic brain injuries (TBIs)
  • Broken and fractured bones
  • Amputations
  • Burns and electrocutions
  • Facial and dental injuries
  • Internal bleeding and organ damage

Even if you do not think your injuries are serious, you should still consult with a doctor as soon as possible after the accident. This is because some compensable injuries do not appear until after some time has passed after the accident. Visiting a doctor early on will ensure that none are overlooked.

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Common Types of Catastrophic Injuries in Dallas

Catastrophic injuries are typically defined as sudden, life-altering injuries with long-term consequences. Some common catastrophic injuries include:

Some common catastrophic injuries include:

Even if you do not think your injuries are serious, you should still consult with a doctor as soon as possible after the accident. This is because some compensable injuries do not appear until after some time has passed after the accident. Visiting a doctor early on will ensure that none are overlooked.

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Communities We Serve in Dallas

At The Wilhite Law Firm, our Dallas personal injury legal team proudly serves clients throughout Texas. With a special focus on the DFW metroplex, we have extensive experience serving clients in the following communities and beyond:

  • Dallas
  • Fort Worth
  • Arlington
  • Plano
  • Grapevine
  • Irving
  • Mesquite
  • Garland
  • Carrollton
  • Frisco
  • Denton

What Kinds of Personal Injury Cases Do We Handle?

Our Dallas personal injury attorneys have decades of experience handling a wide variety of personal injury matters. Get in touch with us today for help with personal injury cases involving:
If you have questions about the types of personal injury cases we handle,
feel free to contact our firm today to discuss your specific case.

What Should I Do to Protect My Rights After an Accident in Dallas?

If you have been involved in an accident in Dallas, it is important to know what your rights are and how to protect them. Following an accident, take the following steps where possible:

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    Report the accident

    Reporting your accident to the proper authority is a good first step toward safeguarding your rights. If you were injured in a car accident, for example, you would report the crash to law enforcement. And if you were injured in a slip and fall accident, you would report the accident to the property owner. An accident report will serve as an official record of what occurred.

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    Seek prompt medical treatment

    Seek medical treatment as soon as possible. You have a right to pursue compensation if your accident was caused by someone else’s negligence, but you will need thorough documentation of your injuries and treatment to substantiate your legal claim.

  • Document the scene

    Take photos and videos of the scene of the accident. Having a visual record of the accident’s location and aftermath can greatly strengthen your case against the at-fault party.

  • Hold on to important correspondence and records

    Be sure to gather all documents, records, correspondence, and any other important sources of information related to the accident and your losses. This may include a copy of the accident report, medical records, medical receipts, pay stubs, and more.

  • Refrain from posting updates on social media

    While your case is pending, avoid posting updates on your social media accounts, as these are often reviewed by insurance companies looking for evidence to refute or minimize your claim.

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    Don’t accept the insurance company’s first offer

    Soon after the accident, the at-fault party’s insurance company might offer you a quick settlement. However, you shouldn’t accept the settlement without consulting with an attorney first. The settlement may seem generous at first glance, but it is likely much less than you deserve. Insurance companies will do everything they can to minimize the amount they must pay you.

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    Consult with an attorney

    Working with a car accident lawyer is the best way to safeguard your rights after an accident. Not only can our attorneys advocate for your rights throughout the legal process, but they will provide you with sound legal advice and help you craft a strong case strategy. A good personal injury lawyer will defend your rights every step of the way and work tirelessly to help you pursue the full and fair compensation you deserve.

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Talk to a Skilled Dallas Personal Injury Lawyer Today

If you have been injured due to someone else’s carelessness, you may be entitled to recover substantial legal compensation from the at-fault party. Call The Wilhite Law Firm today to get started on the road toward full and fair compensation. 

Our Dallas personal injury lawyers have the knowledge and skills needed to thoroughly investigate your case, identify all liable parties, calculate the compensation you are rightfully owed, and aggressively fight for it on your behalf. 

As you focus on recovering from your injuries, let us work on securing the financial compensation you deserve. Contact us right away for a free, no-obligation consultation.

If you’re a victim of personal injury in Dallas and are seeking resources and support, here are some resources that may be helpful:

 

  1. Texas Department of Insurance (TDI): TDI has resources on understanding insurance policies, filing claims, and information on the Texas Insurance Code. Their website also provides information about the Consumer Help Line, where you can get assistance with insurance-related questions.
    Website: Texas Department of Insurance
  2. Texas Health and Human Services (HHSC): If your injury requires medical assistance, the HHSC can help you find healthcare services, including Medicaid and other healthcare programs.
    Website: Texas Health and Human Services
  3. Texas Workforce Commission (TWC): TWC offers resources for those who have been injured and need assistance with disability benefits and employment services.
    Website: Texas Workforce Commission
  4. Victim Assistance Programs: In Dallas and other Texas cities, there are victim assistance programs that provide support to victims of crimes, including personal injury cases. They can help with emotional support, information on compensation programs, and referrals to services.
    Website: Dallas Police Department Victim Services
  5. Local Support Groups: Look for local support groups and organizations that provide assistance to people dealing with personal injuries. These groups often offer a sense of community and emotional support.
  6. Texas 2-1-1: You can dial 2-1-1 from anywhere in Texas to access a comprehensive directory of community resources. They can help connect you with services related to healthcare, housing, and more.
  7. Texas Department of Public Safety (DPS): For information on accident reports and other safety-related resources, the DPS website can be a valuable source of information.
    Website: Texas Department of Public Safety
  8. Hospitals and Rehabilitation Centers: If you require medical care or rehabilitation services, your local hospitals and rehabilitation centers can provide you with information and assistance.
  9. Nonprofit Organizations: There are many nonprofits in Texas that focus on specific types of injuries or disabilities. These organizations often offer a wide range of support services, including counseling, education, and assistance in navigating the healthcare system.
  10. Churches and Community Centers: Local churches and community centers may also offer support and assistance to individuals facing personal injuries.

Remember, while these resources can provide valuable information and support, it’s essential to consult with a legal professional if you have questions related to your specific personal injury case. Legal advice is crucial to ensure you understand your rights and options for seeking compensation or justice.