Personal Injury in Dallas: How to File a Car Accident Claim
Being involved in a car accident can be a traumatic and overwhelming experience. If you’ve suffered injuries or property damage due to another driver’s negligence, you may be entitled to compensation under Texas law. Filing a personal injury claim in Dallas involves several critical steps to ensure you receive the maximum settlement for your losses.
In this guide, we provide a step-by-step process for filing a car accident claim in Dallas and explain how an experienced personal injury attorney can help strengthen your case.
Step 1: Seek Medical Attention Immediately
Your health and safety should be the top priority after an accident. Even if you feel fine, some injuries, such as whiplash, internal bleeding, or concussions, may not show symptoms right away.
✔️ Visit a doctor or hospital immediately
✔️ Keep medical records, prescriptions, and treatment receipts
✔️ Follow the doctor’s recommendations for ongoing care
Medical records serve as crucial evidence when filing your personal injury claim.
Step 2: Report the Accident to the Authorities
Texas law requires drivers to report accidents if they result in:
📌 Injury or death
📌 Property damage exceeding $1,000
✔️ Call 911 and request a police report
✔️ Provide accurate details but avoid admitting fault
✔️ Obtain the officer’s name and badge number
The police report serves as an official record of the accident and helps establish liability.
Step 3: Gather Evidence at the Scene
Strong evidence can significantly impact the success of your claim. If you are physically able, collect:
📸 Photos & Videos – Take pictures of:
- Vehicle damage
- Skid marks and road conditions
- Injuries
- Traffic signs and signals
👀 Witness Information – Obtain names and contact details of anyone who saw the accident.
🚗 Other Driver’s Information – Collect:
✔️ Name, phone number, and address
✔️ Insurance policy details
✔️ Vehicle license plate and registration
Step 4: Notify Your Insurance Company
Under Texas law, all drivers must carry minimum liability insurance:
✔️ $30,000 for injury per person
✔️ $60,000 total injury per accident
✔️ $25,000 for property damage
✔️ Report the accident to your insurance provider as soon as possible
✔️ Provide only basic details and avoid admitting fault
✔️ Do not agree to recorded statements without legal counsel
Insurance adjusters often try to reduce payouts, so consulting a personal injury attorney before negotiating is advisable.
Step 5: Determine Liability Under Texas Law
Texas follows a "modified comparative negligence" rule, meaning:
✔️ You can claim damages if you are less than 51% at fault
✔️ Your compensation is reduced by your percentage of fault
For example, if you are 20% responsible for the accident and awarded $100,000, your final payout will be $80,000.
A personal injury lawyer can help prove negligence and maximize your compensation.
Step 6: Calculate Your Damages
Personal injury claims cover various types of damages, including:
Economic Damages (Tangible Losses)
💰 Medical expenses – Hospital bills, physical therapy, prescriptions
💰 Lost wages – Compensation for time off work
💰 Property damage – Repairs or replacement of your vehicle
Non-Economic Damages (Intangible Losses)
🩹 Pain and suffering – Emotional distress and physical pain
🩹 Loss of enjoyment of life – Impact on daily activities
🩹 Mental anguish – PTSD, anxiety, depression
If the at-fault driver acted recklessly (e.g., drunk driving), you may also be eligible for punitive damages.
Step 7: File Your Personal Injury Claim
In Dallas, you can file a personal injury claim:
✔️ Through the at-fault driver’s insurance
✔️ Directly in court if negotiations fail
Texas Statute of Limitations
⏳ The deadline to file a personal injury claim in Texas is two years from the accident date.
Missing this deadline may result in losing your right to compensation.
Step 8: Hire a Personal Injury Attorney
While Texas law allows you to file a claim without an attorney, insurance companies often try to reduce settlements or shift blame onto victims.
How an Attorney Can Help
✔️ Investigate the accident and gather strong evidence
✔️ Negotiate with insurance companies for a fair settlement
✔️ File a lawsuit if negotiations fail
✔️ Represent you in court if necessary
Hiring an attorney increases your chances of receiving maximum compensation.
Final Thoughts
Filing a personal injury claim in Dallas requires quick action, strong evidence, and expert legal guidance. Whether you’re dealing with medical expenses, lost income, or emotional distress, an experienced personal injury attorney can help you navigate the legal system and secure the compensation you deserve.
