No one plans to have an accident and suffer injuries from one event that can affect them for the rest of their life. Unfortunately, accidents often result from careless actions, faulty products, or other preventable circumstances. Regardless of your injury, an Arlington personal injury lawyer at Domingo Garcia can help put your life back on track.
Our Texas-based legal team begins by fighting for compensation for your injuries. We work hard to ensure that your medical needs are taken care of and that you have the financial stability to continue your life after a catastrophic accident. You can learn more today about your next steps during a free consultation today.
How Our Arlington Personal Injury Lawyer Can Handle Your Case
The benefits of having an Arlington personal injury lawyer assisting you with an insurance claim or injury lawsuit are numerous. Our team will handle the details for you. That leaves you free to concentrate on healing from your injuries and moving forward with your life.
In many cases, opposing sides settle before reaching court, but our team will stick you through the entire process. We offer guidance and case updates and track all changes to court dates. We handle negotiations with the liable parties for you. We also perform detailed case analyses, including:
Investigating Your Accident
Our investigation begins with listening to your account of the accident that caused your injuries. From there, we will rebuild the circumstances of the accident to determine who was at fault. We can employ experts to lend their expertise to your claim.
Gathering Evidence
Part of any accident investigation includes gathering evidence. Our team will use every avenue we have available to collect the necessary information about your accident, including:
- Police reports for vehicle accidents
- Photographs of the scene, including any video surveillance that may be available
- Dashcam footage, if available
- Testimony from witnesses
- Computer data from onboard vehicle computers
- Expert testimony
For workplace accidents, we begin with your account of the accident. Our evidence will include any accident reports you filed with your employer. We will turn every stone to determine the cause of the accident and who was at fault.
Documenting Your Losses
Our personal injury team will compile a list of your medical expenses, lost income, and other damages you suffered from your accident in Arlington. As explained earlier, we will use this documentation to assign a monetary value for economic and non-economic damages.
Handle All Communications on Your Behalf
When you are healing from injuries, and possibly on pain medication, the last thing you want to do is communicate with insurance adjusters. We will respond to all messages for you and keep your claim on track. This may include:
- Court notices
- Settlement offers from the defendant
- Authorities’ notes or statements about the investigation
- Any news coverage of your accident
We Can Draft Your Demand Letter
Part of a personal injury case is sending a formal demand letter to the liable parties. The demand letter outlines your damages and requests payment from the defendant. At the same time, it notifies the defendant of your intent to file a formal lawsuit to collect the damages if a settlement is impossible.
The demand letter will include the list of damages our team compiles and an estimate of future damages you will incur due to your injuries. Suppose a defendant does not wish to negotiate a settlement. Our team can represent you during all court proceedings until your claim receives a final resolution.
Throughout the entire process, from your first free consultation until the final resolution, our team will provide guidance and support. We will keep you updated on the progress of your claim and notify you about communications we conduct on your behalf.
How Much does It Cost for an Arlington Injury Lawyer to Handle My Case?
Many people hesitate to contact an injury law firm because they fear the expenses they face. This is understandable, as accident victims likely already have accident expenses to pay. Our Arlington personal injury offers a no-risk free consultation.
This allows us to hear your account of your accident and discuss the possibilities for compensation with you. We work with no upfront costs if you decide to work with our team. Our fees will come from your final settlement when your claim is resolved.
Statute of Limitations and How This Affects Your Case
Different types of personal injury cases have other statutes of limitation, which is the time limit you have to file for compensation.
Texas Civil Practice and Remedies Code § 16.003 gives general personal injury cases a two-year deadline that begins on the accident date. Wrongful death also has a two-year limit, but the time starts on the date of death. Product liability cases have a two-year limit that begins from the date of discovery or the date of the accident. The statute limits the filing of product defect cases for products sold more than 15 years before the injury.
Under Texas Civil Practice and Remedies Code § 74.251, nursing home abuse cases and medical malpractice have a two-year limitation that begins on the date of discovery.
A judge may dismiss cases that do not meet the statute of limitations. Two years can pass quickly when you attend medical appointments, physical therapy, and work to get your life back to normal. Contacting a personal injury attorney will help you meet all filing deadlines for your claim.
Recoverable Damages in an Arlington Injury Claim or Lawsuit
When discussing the compensation for a personal injury lawsuit, there are two types of recoverable damages – economic and non-economic. When computing compensatory damages, our personal injury team serving Arlington will look at your physical and emotional injuries, financial state, and ability to return to work. They will also compute future losses based on those factors to ensure your future financial stability.
How Much Can You Receive?
Unfortunately, we cannot give you a compensation figure because there are many variables, and each personal injury case is different. Once you meet with our team and discuss your case, they can offer more information about the compensation they could seek for you. Your initial consultation is complimentary and risk-free. You can ask questions, discuss your case, and receive honest answers that can help you take the next steps.
Texas Civil Practice and Remedies Code § 74.301 may limit the amount you can receive for non-economic damages in a health care liability case. An Arlington personal injury lawyer can explain the limits and will fight to gain all the compensation you deserve.
Recoverable Economic Damages
Economic damages are direct monetary losses that the victim suffered. They include:
- All injury-related costs
- Any money you would have earned but are unable to earn due to injury
- Out-of-pocket expenses related directly to the accident that caused your injury
An Arlington personal injury lawyer with our firm will compile a list of all your expenses to determine the compensation you should receive. Any receipts, invoices, canceled checks, and other written documentation can help you prove these losses.
Medical Expenses
Our personal injury team can review your medical expenses. We can calculate the cost of all care received and estimate future costs based on the nature and severity of your injuries. Some of the covered areas of compensation may include:
- Ambulance service
- Surgeries
- Emergency care
- Hospitalization
- Transportation to and from doctor appointments
- Follow-up treatment
- Physical therapy
- Occupational therapy
- Pharmaceuticals
- Medical devices, including wheelchairs, crutches, and splints
- Home modifications, such as having a wheelchair ramp installed
- Vehicle modifications
- Necessary medical equipment, such as home therapy equipment
Economic damages include all personal losses directly attributed to the accident or cause of your injury. It will be on this list if you experience an out-of-pocket expense that you would not have had without the injury.
Everything on this portion of your injury claim will be documented and supported by medical records, bills, receipts, and doctor’s notes on your prognosis for recovery.
Lost Income and Other Earnings
When you suffer a catastrophic injury, one of the most affected areas of your life is your ability to earn income. If you cannot work, that can affect your entire family. A personal injury lawsuit can help you recover the money you lost or will lose and future changes to your employment status.
Whether you miss work for several days or weeks or are permanently disabled, our team will compute the income you lost due to your injury. This area of compensation will include:
- Lost income and other types of earnings
- Lost vacation accrual
- Missed promotions
- Missed bonuses and commissions
- The difference in income if you are placed into a lower-paying position
- Retraining or certification for a career change because of your accident injuries
Any severe injury can change your ability to support your family. Wage statements can document your compensation. It may also be established with doctor’s notes on your injuries and your expected future capabilities.
Property Damage
Almost any accident involves property damage to vehicles, the items within the car, or stationary property at the accident scene. Our car accident lawyer serving the Arlington, TX, area will compute the costs to repair or replace your property.
In product failure cases where injuries result, there may be additional property damage resulting from the failure. Having an attorney to help with listing all property damages can be helpful. They will use repair estimates or cost analysis to determine the amount to include in your claim.
Recoverable Non-Economic Damages
Non-economic losses are non-financial. They don’t directly correlate to a specific value in terms of dollars. They include physical, emotional, and mental damages that result from an accident or severe injury. The toll that non-economic damages take will vary from victim to victim.
Pain and Suffering
The term “pain and suffering” describes various physical and emotional pain. It can include chronic pain, the emotional turmoil affecting how you enjoy certain things in life, or the uncertainty of continuing your life with your injuries.
An injury may make it impossible to continue things that you previously did, such as coaching your child’s sports ball team or participating in a bowling league. If your motor control is affected, you may not be able to continue scrapbooking or enjoying other crafts. These losses don’t have a monetary valuation. Still, they affect your life in profound ways.
Mental Anguish
Accident victims can experience emotional distress after an injury that alters their life. Being forced to give up favorite hobbies or activities can feed depression and affect your mental health.
Mental anguish can also help describe your grief over losing a part of your past life. Some signs of mental anguish include:
- Depression
- Anxiety
- Insomnia
- Stress
Non-economic compensation offers a monetary equivalent that allows you the freedom to adjust your life to compensate for non-tangible losses.
Scarring, Disfigurement, and Permanent Disability
Some scars are visible, and some are not. This area of compensation covers scarring, disfigurement, and disabilities from an accident. Having a constant reminder staring back at you from the mirror can create additional emotional distress also. Other disabilities may not be openly visible, but they affect your life no less.
Types of disfiguring injuries included in this area of compensation include:
- Burn scars
- Amputations or missing limbs
- Scarring from lacerations
- Spinal cord injuries and paralysis
- Loss of the use of a limb
Diminished Quality of Life
Certain injuries can make you dependent on others to help you with daily tasks. Relying on another person can severely limit your ability to establish independence and continue enjoying your life.
Suppose your injuries require you to need assistance with basic housework, cooking meals, or daily bathing. In that case, you will experience a diminished quality of life. Losing independence, temporarily or permanently, can affect your entire life.
Receiving Compensation in Arlington Wrongful Death Cases
If you lost a loved one to wrongful death because of an accident or defective product, please let us extend our heartfelt condolences for your loss. As you grieve your family member, you don’t need the added burden of worrying about meeting financial obligations resulting from your loss.
Even if no wrongful death cases lead to criminal charges, the deceased’s family may still seek compensation from the at-fault party. Because the criminal case does not deal with the family’s financial loss, a civil lawsuit may be the only option to seek justice for your loved one.
Compensation in a Wrongful Death Case
Compensation in a wrongful death varies for each case. Actual damages are based on the actual losses the family incurs. Damages may include compensation for the final medical expenses associated with any life-saving measures that occurred after the accident that resulted in someone’s death.
Some of the other compensation may include
- Funeral and burial expenses
- Hospice or other end-of-life care
- Emotional distress from losing your family member
- Loss of parental guidance if the deceased was a parent
- Loss of consortium if the deceased was married
An Arlington personal injury lawyer with Domingo Garcia could compile the information necessary to help your family file a wrongful death lawsuit if you lost a family member.
Who Can File for a Wrongful Death in Texas?
According to Texas Civil Practice and Remedies Code § 71.004, wrongful death actions are reserved for the benefit of a surviving spouse, children, or the deceased’s parents. Suppose none of the surviving eligible family members initiate a wrongful death claim within three months of the death. In that case, the executor of the estate may do so.
Suppose the wrongful death was the result of medical malpractice. In that case, Texas limits the amount of compensation to $500,000 per Texas Civil Practice and Remedies Code § 74.303. Regardless of the actual expenses incurred, the cap remains at $500,000.
Types of Accidents That Cause Personal Injury in Arlington
Personal injury victims can seek claims in various accidents, including:
- Car, truck, and motorcycle accidents
- Slip and fall accidents
- Premises liability accidents
- Workplace accidents, including construction site and oil rig accidents
- Product liability accidents
Personal injuries can occur whenever a person or entity causes harm to another through a negligent act or by failing to act. A trained personal injury lawyer can assist you in receiving compensation for your injuries.
Car Accidents
The compiled crash data for Arlington from the Texas Department of Transportation (TxDOT) lists 51 fatal crashes resulting in 54 fatalities in 2021. They report an additional 176 severe crashes and 1,168 minor crashes. Located near the midpoint between Dallas and Fort Worth, Arlington sees a lot of through traffic and plenty of local traffic.
As the home of the University of Texas at Arlington (UTA), there is a wide diversity of drivers from different locations around Texas and from other states attending the university. Traffic accidents can result from several factors, including:
- Texting while driving (distracted driving)
- Speeding
- Drunk drivers
- Making improper turns or lane changes
- Rollover crashes
- Head-on and rear-end collisions
- Hit-and-run accidents
- Defective automotive parts
- Poor road design
- Poor road maintenance
Our personal injury team can fight for the compensation you deserve.
Truck Accidents
Truck accidents involving tractor-trailers and passenger vehicles almost always result in more severe injuries for the occupants of the car. The complexities of truck accidents can involve more than one liable party, including:
- Truck driver
- Trucking company
- Loading company
- Maintenance facility
- Parts manufacturers
Trucking companies and drivers must follow the road rules and comply with additional regulations specified by the Federal Motor Carrier Safety Administration (FMCSA). The laws cover the time limits for drivers, load restrictions, and safety guidelines. Failure to comply with all regulations could add negligence to a truck accident.
Motorcycle Accidents
In 2021, TxDOT reported that more than 500 motorcycle riders died in fatal crashes. More than 2,300 riders were seriously injured. Motorcycles are difficult to see, and many vehicle operators drive distracted. In 2020, Texas had 328,300 motorcycles registered.
With congested roadways, lower visibility, and increasing distraction due to GPS use and text messaging, motorcyclists are in near-constant danger. As a vehicle operator, you can use extra caution around motorcycles. As a motorcycle rider, wearing the appropriate safety gear and practicing defensive driving will keep you safer.
Construction Site and Workplace Accidents
Some jobs are more hazardous than others. Construction and trucking industry jobs top the list compiled in 2020 by the Texas Department of Insurance (TDI). Some workplace accidents may cover medical care through compensation insurance. For others, you may need to pursue loss recovery via other means. An Arlington personal injury lawyer can explain how this would work for you.
Workplace accidents can involve:
- Vehicle accidents
- Falls from equipment or structures
- Falling debris on a job site
- Heavy equipment mishaps
- Electrocutions
The Occupational Health and Safety Administration (OSHA) tracks and maintains safety data on workplace accidents and offers tips on staying safer in the work environment.
Slip and Fall and Premises Liability Accidents
Slip and fall accidents can be hazardous for persons 65 and older, but they pose a hazard at any age. The Centers for Disease Control and Prevention (CDC) reports that more than 800,000 people are hospitalized yearly due to falling accidents.
Some conditions that may contribute to injuries from slip and fall accidents include:
- Wet floors
- Ripped or loose carpeting
- Broken tiles
- Loose floorboards
- Lack of adequate lighting
- Missing or broken handrails
- Obstructed walkways
- Icy walking surfaces
Slip and fall accidents can break hips, arms, and wrists and cause more debilitating injuries. If you were involved in a slip-and-fall accident with severe injuries, contacting a personal injury lawyer to learn your options can be beneficial.
If a building owner fails to maintain a property, it can create the following problems that may lead to injury:
- Elevator/escalator mishaps
- Collapsing ceilings
- Poor lighting
- Building code violations
Poor security and failure to maintain fire safety protocols can also lead to injury. For homeowners with pets, dog bites can be a potential cause of injury to visitors.
Product Liability Cases
Product liability is covered in Texas Civil Practice and Remedies Code § 82.001. Three types of product liability are:
- Manufacturing defects happen during the product manufacturing process
- Design defects are problems with the design of the product
- Marketing defects involve a lack of adequate instructions or improper or lack of safety warnings
Products made for public use must contain warnings if their use could present hazards. This is why curling irons always include a notice about the item producing heat. While common sense should tell us it will get hot, safety warnings are still a requirement.
An Arlington personal injury attorney with our firm can work with experts in the field to provide evidence of a defective product or inadequate safety warnings contributing to your injury.
Call Us Today for Legal Help After an Injury in Arlington, TX – We Can Help
Contact Domingo Garcia for your free consultation if you are ready to explore a personal injury claim with our team. Our team will listen to your account and offer potential solutions to fight for the compensation you deserve.
You can ask your questions and get the answers you seek as you work toward financial recovery. We’re ready to take your call, so dial us today.
