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If you, someone in your family, or someone you love has been injured in an accident, then you may have a legal right to pursue a personal injury lawsuit. Under Texas’ personal injury laws, you may receive monetary compensation for medical bills, wages, and pain and suffering.
With the help of a Fort Worth personal injury lawyer, you can take the responsible parties to court. Our attorneys can help show the jury what the defendant did wrong and how your injuries should have been avoided. We can also present evidence of medical bills, lost wages, and other damages to help you get the compensation you deserve.
If you believe that you, your spouse, or a family member was the victim of someone’s negligence, know that you can turn to the skilled and experienced Fort Worth personal injury attorneys at The Queenan Law Firm, P.C.for nuanced guidance, compassionate support, and a free case review. Our phone number is (817) 476-1797.
What Constitutes a Personal Injury Claim in Fort Worth, Texas?
Personal injury lawsuits likely constitute a large portion of the total number of lawsuits filed in Texas every year. They account for a broad spectrum of claims, accidents, and injuries. Since so many cases might be considered personal injury claims, this begs the question, what exactly is a personal injury?
People sometimes confuse the term “personal injury” to mean any injury of a personal nature. For example, one might mistakenly believe that if a neighbor hits a baseball through their window, it is a personal injury claim because the window is their personal property. This is a common yet false notion. A personal injury must involve bodily harm. The “personal” in personal injury refers to your physical person or body.
Bodily injuries are an inherent part of personal injury claims. Whether the injuries are severe or minor, you have the right to sue for whatever damages you might have incurred. Even claims that might otherwise be covered by insurance might be grounds for a personal injury lawsuit.
Many cases result from accidents, but others might be based on intentional torts. Talk to your lawyer about how your accident happened to understand what kind of claim you might have.
Personal injury cases from accidents are usually based on the defendant’s negligent behavior. Negligence is comprised of four legal elements: duty, breach, causation, and damages.
First, we must prove that the defendant owed you a duty of safety or care. Even strangers might owe you a duty. For example, in a car accident case, the defendant’s duty is to drive with reasonable safety while following traffic laws. Second, we need to establish how the defendant breached their duty. In a personal injury claim, this varies greatly depending on the nature of the accident. Third, we need to prove causation, which means that the defendant’s breach of duty must be the direct and proximate cause of the accident. Finally, we must prove the extent of your damages.
What Are Some Common Personal Injury Cases in Fort Worth, TX?
Personal injury law encompasses a wide variety of injuries and accidents that a person may encounter on a day-to-day basis. However, some of the most frequent that we have seen in and around Fort Worth include:
Car Accidents
Car crashes and other automotive accidents are an extremely common source of personal injury claims in North Central Texas. Car accidents can be a devastating event in a person’s life. When there is an accident involving two cars on the highway, there will likely be severe damages. Common types of vehicular accidents we handle include the following:
- Head-On Collisions
- Lane Change Accidents
- Rear-End Collision
- Highway Accidents
- Intersection Accidents
- Multi-Vehicle Pileups
- Parking Lot Accidents
- Rural Road Accidents
Product Liability
Product liability is the area of personal injury law dealing when a person is injured as a result of a product. Often, a person will seek to impose liability on a manufacturer for deaths and injuries caused by malfunctioning, mislabeled, or defective products. Our attorneys have extensive experience litigating product liability cases involving a wide range of industrial and consumer goods, including vehicles, toys, appliances, food and beverage, manufacturing machinery, prescription medications, medical implants, and safety gear like helmets and seatbelts.
Spinal Cord Injuries (SCI)
The spinal cord is a long bundle of nerve fibers that creates a communication bridge between the body and brain. When the spinal cord is injured, this capability is diminished, which can lead to devastating medical consequences, including paralysis (paraplegia, quadriplegia/tetraplegia), chronic pain, poor coordination, muscle weakness, incontinence, and loss of physical sensation.
Traumatic Brain Injuries (TBI)
Traumatic brain injuries (TBI) are among the most debilitating injuries any person can ever have to suffer through. The effects of TBI can include memory problems, chronic headaches, impaired cognitive function, depression, insomnia, and an increased risk of developing serious medical conditions like Alzheimer’s disease and seizures. According to the Centers for Disease Control and Prevention (CDC), the leading causes of TBI include car accidents, object strikes, and accidental falls.
Truck Accidents
Due to the tremendous size and weight disparity between passenger vehicles and commercial big rigs, truck accidents often result in catastrophic injuries or wrongful death. In the profits-oriented rush to complete their journeys as quickly as possible, professional truckers sometimes deliberately drive well past their shift limits, becoming dangerously fatigued or even falling asleep at the wheel.
Workplace Injuries
Serious injuries occur in all industries, but people who work in certain occupations are more vulnerable than others. Some of the most dangerous U.S. industries include manufacturing, logging, agriculture, construction, mining, forestry, transportation, and warehousing.
Medical Malpractice
Victims of medical malpractice often find themselves facing severe injuries after surgery. However, they might be unable to tell if the injuries were normal complications or medical malpractice. Seeking a second opinion and consulting with an experienced personal injury lawyer can help you determine the cause of your injuries and get you started on a medical malpractice claim.
Many medical malpractice cases result in long-term injuries and disabilities or worsened conditions that require extensive medical care to treat. Talk to one of our personal injury lawyers about your potential malpractice case.
Wrongful Death
Tex. Civ. Prac. & Rem. Code § 71.002(b) defines wrongful death as a death resulting from the “wrongful act, neglect, carelessness, [or] unskillfulness” of an individual or business, or a preventable death that was caused by negligence. State laws permit the children, parents, and spouses of Texas wrongful death victims to file a lawsuit on the decedent’s behalf.
How Long Does a Person Have to File an Injury Case in Fort Worth, TX?
A statute of limitation is a type of law that prevents someone from starting a lawsuit after a certain period of time has passed. Statutes of limitation are imposed in order to further the public interest.
The statute of limitations, under Tex. Civ. Prac & Rem. Code § 16.003(a), for negligence actions is generally two years. The cause of action “accrues” when a wrongful act causes an injury. When there is an action for negligence that involves some wrongful conduct that took place over a period of time, the clock may begin running at the end of the period. This is common in cases of medical malpractice where the victim underwent a course of treatment that injured them.
Why Do We Have a Statue of Limitations?
The statute of limitations is designed to make things fair. Old cases are harder to pursue because witnesses might have forgotten what happened, evidence might have been lost, camera footage might have been overwritten, and records might have been lost or destroyed. There is also a concern that injuries must not be too severe if the victim waited years and years before coming forward. It is potentially unfair for a defendant to have a case follow them around for years when these conditions might make it hard for the victim to win the case anyway.
Because of these considerations, the statute of limitations is quite strict. Talk to a personal injury attorney as soon as you can to avoid running into issues with filing too late.
Statute of Limitations Exceptions
Cases filed after the statute of limitations runs out usually cannot be accepted by the court. The court can block these claims on its own, and the defendant can always raise the statute of limitations as a defense. However, some exceptions allow you additional time to file.
Under Tex. Civ. Prac. & Rem. Code § § 16.001(a)-(b), these exceptions are usually carved out for minors and people with other disabilities that make it so they cannot fully appreciate what happened to them. Although they get additional time to file, they can still file earlier with the help of a parent or guardian. Time limits might also be extended if the defendant intentionally hid the cause of the injury or if the plaintiff could not reasonably discover that what happened to them was caused by negligence.
What Damages Can Be Compensated for in a Fort Worth Injury Case?
If you have been injured because of someone’s negligence, you will often incur expenses as a result of your injury. These can include missing work, going to doctor’s appointments, and even more tragic things like paying for funeral expenses. People often want to know what they are able to seek money for and how much they are likely to receive.
The goal of tort law as a whole is to place a person who has been injured in the position that they would have been in had the accident not occurred. However, this can be a difficult task when there are elements such as emotion and love. However, with careful analysis, an experienced personal injury attorney can help you determine an amount to file a suit for.
Economic Damages
Economic damages are available if the accident somehow costs you money. This may include, but is not limited to, the following:
- Past and Future Medical expenses
- Funeral and burial expenses
- Financial losses, including future loss of earning capacity
The extent of your economic damages will vary depending on the extent of your injuries and associated costs. For example, if your injuries are more serious, they will require more extensive medical care, and you will undoubtedly incur higher hospital bills. You may also claim damages for medical bills yet to come if your treatment is expected to last for a long time.
If you cannot return to work for a while because of your injuries, our personal injury lawyers can help you claim the income you would have earned. Losing income is serious for those who are the sole providers for their households.
Non-Economic Damages
Many other damages are unrelated to money but can still be financially compensated. Non-economic damages tend to be highly subjective but may include the following:
- Pain and Suffering
- Mental anguish
- Physical disfigurement
- Loss of Consortium, comfort, Love, and Society.
Non-economic damages are inherently subjective and may be open for interpretation. While we can help you claim damages for physical pain and psychological trauma, the jury has the final say on what these damages are worth. As such, we must have strong evidence of your financial losses in addition to your painful experiences.
Exemplary or Punitive Damages
Exemplary damages, also called punitive damages, are not based on what you have lost or endured because of the defendant. Instead, these damages are awarded to punish defendants for their behavior. Exemplary damages are only available in cases where the defendant’s behavior is especially bad. More than ordinary negligence is required, and exemplary damages tend to be unusual.
According to Tex. Civ. Prac. & Rem. Code § 41.003(a), exemplary damages are available only if a plaintiff proves by clear and convincing evidence that the harm and injuries for which they seek recovery result from fraud, malice, or gross negligence. This is an extremely high bar to meet, and arguably most accidents do not qualify for exemplary damages. However, if the defendant in your case had an evil motive or was so reckless as to shock the conscience, talk to your attorney about exemplary damages.
Under § 41.004, exemplary damages are awarded only if compensatory damages (i.e., economic and non-economic damages) are also awarded. There can be no exemplary damages if the jury does not award compensatory damages. Additionally, exemplary damages may not be available for plaintiffs who have chosen to have their damages multiplied under a different statute.
According to § 41.008(b), there are limitations on the recovery of exemplary damages. Exemplary damages are not unlimited, no matter how despicable the defendant’s behavior is. Exemplary damages may not be worth more than twice the value of economic damage, the value of non-economic as determined by the jury not to exceed $750,000, or $200,000, whichever amount is the greatest.
Evidence Needed for a Personal Injury Lawsuit
Any evidence that you can collect will be helpful in your injury case. In many cases, physical evidence is sparse, and the claim will rely mostly on witness testimony. However, all of the following evidence could be admissible in your case:
Photos and Video
Photographs and video of the accident itself make excellent evidence. These pieces of evidence can show the jury what happened, helping them understand how the accident is the defendant’s fault. Photos of the accident scene after the injury can also show things like wet floors, vehicle damage, broken stair railings, and other evidence that cannot be preserved or physically brought into the courtroom.
Medical Records
Evidence of your injuries and your recovery process are also important. Save all medical records related to your treatment. Also, speak with the doctor who treated you about potentially coming in to testify about how the injuries happened, how severe they were, and what treatment was needed. Your doctor can also testify about how the ongoing care is going and what future care you might need. Your Fort Worth personal injury attorneys can help you determine what medical records and evidence you need to prove your claim and show how bad your injuries were.
Financial Records
Financial records and pay stubs may also provide the necessary evidence to show how the accident impacted you economically. Additional expenses for childcare, medical transportation, medical equipment (crutches, canes), and more can all be shown this way. The wages you lost can also be proven.
However, you may need a financial expert to testify about how much money the injury will cost you in the long term if your injury will keep you from going back to work or force you into early retirement or onto disability.
Expert Testimony
Expert testimony is also needed for some claims. When injuries happen because of some kind of mistake in the way that a company carried out their business, how a manufacturer produced goods, or what care a doctor provided you, you may need an expert in that field to help determine whether there was negligence or not. Defendants can only be held liable for injuries when they did something wrong to cause those injuries. Experts in the field can help explain to a jury what the defendant did wrong, how it falls outside industry norms, and how that mistake injured you.
Talk to your lawyer about any potential expert witnesses you might need in your case. Unlike other witnesses, expert witnesses usually do not have information about what they saw happen, but rather how things should have happened if they were done correctly.
Eyewitness Testimony
Witnesses usually testify about what they saw and heard leading up to the accident and in the aftermath. Another shopper who reported a spill to the grocery store before you slipped on a puddle would be able to provide excellent testimony in your case. Another driver who saw the car that hit you swerving before the crash could also help provide necessary information. It is important to talk to anyone who might have seen the accident and get your Fort Worth personal injury lawyer to take a statement or a deposition from them.
Circumstantial Evidence
People often dismiss “circumstantial” evidence as a bad thing that holds no value in court. In reality, most evidence is technically circumstantial. Calling something circumstantial evidence means that it shows the circumstances around what happened rather than being “direct” evidence of what happened.
For example, if it was dry when you entered a building and wet when you walked back outside, that is circumstantial evidence that it rained. This does not, by itself, prove that it rained. You did not see it rain, and it is possible that it is wet because a nearby sprinkler just went off – but that circumstantial evidence is still important for determining what happened. If there are no sprinklers nearby, the suggestion that it rained becomes even more likely.
Circumstantial evidence is used in injury claims to show the defendant’s state of mind, what they knew and when they knew it, and when they were aware of mistakes. It can also be helpful in cases where direct evidence of what happened is not available – e.g., cases where no one else saw the accident or caught it on tape, but they still heard a crash, heard yelling, or saw blood.
For example, testimony that someone heard a crash and turned the corner to see someone on the ground bleeding is solid circumstantial evidence that suggests the accident actually happened, even if they did not see the accident in progress.
How to Start a Personal Injury Lawsuit in Fort Worth, Texas
Beginning a personal injury lawsuit can be daunting, and many plaintiffs do not know where to begin. This is where the skills and experience of your attorney will come in handy.
First, we need to draft a formal complaint. The complaint is more than an allegation of wrongdoing against the defendant. It is a formal legal document that spells out exactly how your accident happened, who was involved, your damages, and why you believe the defendant should be held liable. Complaints tend to be lengthy and require much time and effort to prepare. Getting all the necessary information and details might take weeks or months. It is best to call an attorney as soon as possible to maximize your time.
The specificity of details in your complaint is crucial. If details are too vague or simply lacking, the court can dismiss your case for insufficient pleadings. As such, you must review every aspect and detail of your accident with your lawyer.
The complaint must contain information about evidence and damages. While we do not need to include enough evidence in the complaint to meet our burden of proof, we do need enough to establish that you have a valid cause of action that warrants a trial. We also need details about your damages and how much we believe they are worth, backed by evidence. Any losses we do not claim in the complaint may not be compensated later.
Contact an Experienced Fort Worth, Texas Personal Injury Lawyer
If you have been injured due to someone’s negligence, you should not wait to seek legal counsel. For a free, completely confidential review of your case, call The Queenan Law Firm, P.C. right away at (817) 476-1797. Our personal injury lawyers are standing by.