Dallas Personal Injury Lawyer

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

Car accident victims may have to live with agonizing pain for the rest of their lives. Victims of severe accidents also frequently end up under financial stress due to the high cost of medical treatment and due to having to miss a long period of work while they heal.

It’s possible to recover compensation for your injuries after a major car crash, but it’s important to take the right steps. You need to protect your rights, and you should talk to a lawyer as soon as possible.

The Dallas car accident attorneys at The Wilhite Law Firm will be committed to helping you rebuild your life after a serious crash by pursuing full and fair compensation for your injuries. We know the physical, emotional, and financial toll a car accident can take, which is why we will work closely with you to help you reach your legal goals. Contact our office today for a free initial consultation.

Steps to Take at the Crash Scene in Dallas

Protecting your rights after a serious car accident starts as soon as the accident happens. Here are the first steps to take after a car crash:

• Contact law enforcement – The most important thing to do after an accident is to get treatment for your injuries. That’s why the first step after any crash is to call 911. You may have serious injuries that require immediate treatment. Even if you don’t think you are seriously injured, you need to see a medical professional to get checked out. The other reason to call 911 is to bring the police to the scene so they can investigate the accident and file a report. You can use this report later to help bolster your claim.
• Exchange information with others involved – Most car accidents are settled in an insurance claim with the other driver. So you need to get the necessary insurance information and contact information from the driver. Get the driver’s full name, address, phone number, insurance policy number, the name of their insurer, the license plate number for their vehicle, and the make and model of their vehicle.
• Take photos and videos – In many car accident claims, some of the most valuable evidence consists of photos and video footage from the scene of the crash. This evidence can often provide context for how the accident occurred and who might be responsible. Take photos and videos of the damage to any vehicles involved, the injuries you have suffered, and the broader crash scene.
• Get contact information from witnesses – Another key source of evidence in car accident cases is third-party eyewitnesses. If there’s anyone nearby who might have seen the accident, try to get their name, phone number, email address, and mailing address. They may be able to help substantiate your case in the days ahead.

What to Do After You Leave the Scene

Once you have called 911, documented what happened in the crash, and gotten the necessary information from the other drivers and eyewitnesses, here’s what you should do next:

• Seek immediate medical treatment – If you have serious injuries from a car accident, you will likely be brought to a hospital by emergency medical personnel. In the event you are not brought to a hospital, be sure to see your own doctor or another physician as soon as you can. It’s important for three reasons. First, you may have internal or less obvious injuries that require medical treatment before they get worse. Second, your doctor can document the injuries you have suffered, which you will need as part of your claim. Finally, delaying treatment for your injuries can make it harder for you to recover compensation after an accident, so you want to begin treatment as soon as you can.
• Follow your treatment plan – If you don’t follow your doctor’s orders carefully after a serious car accident, it can be used by the other driver’s insurer as a reason to deny your claim, delay it, or reduce the amount of compensation you can recover. Don’t give them the excuse they are looking for. If you are not happy with your treatment, keep going, but speak to your doctor or another medical professional. Do not stop or alter your treatment without consulting with a doctor first.
• Save all bills, invoices, and other paperwork – Medical bills, property damage invoices, pay stubs, and other related documents can help substantiate the losses you have suffered due to the accident. Make sure you save these records. Otherwise, you may not be able to recover the full amount in compensation you are owed.

Protecting Your Rights While Your Case Is Being Resolved

Finally, you should avoid doing certain things while you are waiting for your case to reach a resolution:

• Do not give a statement to the insurance company – The other driver’s insurance company will be looking for any reason they can find to reduce the value of your claim or to deny it outright. One way they may try to do this is to have you make a statement and look for holes or inconsistencies in your account. Your best bet is to say nothing to the other driver’s insurer. If the insurance company tries to contact you, don’t tell them anything except that you have hired or are planning to hire an attorney. Once you have hired a lawyer, they can give the insurance company an account of what happened in the accident and open negotiations to reach a settlement.
• Stay off social media – Your own words can come back to haunt you after an accident, so you don’t want to say anything that could potentially jeopardize your claim. This includes any statements you make on social media. Don’t say anything or post any photos or videos on social media. Even if your post is unrelated to the accident, the wrong statement or photo could make you look bad and hurt your case. Your best bet is to not make any posts at all.

Talk to a Trusted Dallas Car Accident Lawyer as Soon as Possible

One of the most important steps after a crash is to talk to a car accident lawyer as soon as you can. Your lawyer can work on your behalf and protect your rights while you’re recovering from your injuries. Hiring a lawyer may also increase your chances of getting the maximum amount of compensation for your injuries.

If you have not previously been through the insurance claim process after an accident, you may not be familiar with what an accident attorney does. Here are a few of the things a car accident attorney at The Wilhite Law Firm can help with after a serious crash:

• Identify who’s liable for your injuries – Depending on the circumstances of the accident, multiple parties could be liable for your injuries, either in full or in part. This includes the other driver, the manufacturer of any of the vehicles involved, the government agency responsible for maintaining the road, or the owners of bars and liquor stores in some cases.
• Gather evidence to substantiate your losses – To recover full compensation for your injuries, you will need to provide evidence of all the different losses you have suffered. This includes the cost of your medical treatment, your lost wages, your reduced future earning capacity, your damaged personal property, the pain and suffering you’ve endured, and your emotional distress. To document these losses, a lawyer can help gather medical records, police accident reports, eyewitness accounts, photos and video from the crash scene, testimony from accident reconstruction experts and medical experts, and other evidence.
• Deal with insurance companies – It’s important to give insurance companies the right information, and the right amount of information if you want maximum compensation after an accident. A lawyer can give the insurance companies what they need while protecting your rights and negotiating for a reasonable settlement.
• Bring your case to court – It’s rare, but in some cases, it’s necessary to go to court to pursue compensation after a car accident. Going to court can be risky, as trials are rarely sure things, but you’ll have a much better chance of prevailing if you have a skilled lawyer backing you up in the courtroom.

The Dallas personal injury attorneys at The Wilhite Law Firm understand the pain you’re in and want to help you move forward from this difficult chapter of your life. Contact our office today for a free initial consultation.