Car accidents in Dallas, Texas, can result in serious injuries, financial burdens, and emotional distress. Understanding personal injury laws and knowing when to file a claim is essential for securing fair compensation.
This guide provides a detailed overview of personal injury laws in Dallas, including liability rules, deadlines for filing a claim, and the role of an attorney in maximizing your settlement.
Understanding Personal Injury Laws in Dallas
1. Texas Follows a Fault-Based System
Texas operates under an at-fault system for car accidents. This means the driver responsible for the accident is liable for damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repairs or replacement
The injured party must prove fault before receiving compensation.
2. Comparative Negligence in Texas
Texas follows a modified comparative negligence rule. If a victim is partially at fault, their compensation is reduced by their percentage of fault.
For example:
- If a victim is 20% responsible, their compensation is reduced by 20%.
- If a victim is 51% or more at fault, they cannot recover any damages.
This rule affects settlement negotiations and highlights the importance of strong legal representation.
When to File a Personal Injury Claim in Dallas
1. Texas Statute of Limitations
The statute of limitations for personal injury claims in Texas is two years from the accident date. If a claim is not filed within this period, the victim loses the right to seek compensation.
Exceptions may apply in cases involving:
- Minors – The two-year period may begin when the victim turns 18.
- Government Entities – Claims against the government must be filed within six months.
2. Immediate Steps to Take After a Car Accident
To strengthen a personal injury claim, victims should:
✅ Call 911 and obtain a police report.
✅ Seek medical attention, even if injuries seem minor.
✅ Gather evidence, including photos, witness statements, and vehicle damage reports.
✅ Contact an experienced car accident attorney before speaking to insurance companies.
How to File a Car Accident Injury Claim in Dallas
Step 1: Determine Liability
Texas requires the injured party to prove fault using:
- Police reports
- Surveillance or dashcam footage
- Eyewitness testimony
- Medical records
- Accident reconstruction analysis
Step 2: File an Insurance Claim
The claim is filed against the at-fault driver’s insurance. Texas requires all drivers to carry minimum liability coverage of:
- $30,000 per injured person
- $60,000 per accident
- $25,000 for property damage
However, these limits may not fully cover damages in serious accidents, making legal action necessary.
Step 3: Negotiate with Insurance Companies
Insurance adjusters may:
- Offer low settlements
- Dispute fault
- Delay processing claims
Having an attorney can ensure fair negotiations and maximum compensation.
Step 4: File a Personal Injury Lawsuit if Necessary
If the insurance company refuses a fair settlement, filing a lawsuit in civil court may be the best option.
What Compensation Can You Receive?
Victims of car accidents in Dallas may recover economic and non-economic damages, including:
1. Economic Damages (Measurable financial losses)
- Medical bills (Emergency care, surgeries, rehabilitation)
- Lost income (Current and future earnings)
- Property damage (Vehicle repairs or replacement)
2. Non-Economic Damages (Intangible losses)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In severe injury cases, punitive damages may also be awarded if the at-fault driver showed gross negligence (e.g., drunk driving).
Why You Need a Car Accident Attorney
1. Maximizing Compensation
An attorney ensures victims receive the full settlement they deserve.
2. Proving Liability
Lawyers gather strong evidence to establish fault and negligence.
3. Handling Insurance Companies
Legal representation prevents insurance adjusters from underpaying claims.
4. Filing a Lawsuit
If negotiations fail, an attorney will take the case to court.
Final Thoughts
If you have been injured in a Dallas car accident, understanding personal injury laws and filing deadlines is essential for securing fair compensation. Seeking legal advice can help protect your rights and maximize your settlement.
