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Dallas Car Accident Lawyer

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Dallas Car Accident Lawyer

Car Accident Lawyers in Dallas TX

A car accident changes everything. A victim’s life will be altered forever or even lost, and their family’s lives may never be the same again. However, many victims recover financially and find justice after an accident in Texas, and our legal team is willing to fight by your side.

A Dallas car accident lawyer from our law firm will negotiate with the insurance company to settle a claim fairly. We can also sue the other party if it helps you recover damages and hold them accountable for their actions.

Our attorneys will help determine your damages and demand maximum compensation for you. Contact us for a free consultation to learn more about your legal options.

Steps to Take After a Car Accident in Dallas

Dallas car accidents are personal injury incidents. As an accident victim, you should follow certain steps to help yourself physically and financially. One of the most important steps to take is hiring a lawyer.

A legal professional helps protect your rights and guides you through decision-making. Call our Dallas car accident lawyers as soon as possible to ensure you take the right steps for fair compensation.

Seek Medical Attention

If you suffered catastrophic or severe injuries, you might have received emergency medical attention or hospital care after the accident. In this case, you should ensure you have received all the necessary care, including follow-ups; it’s important for your health, your family’s emotional well-being, and, potentially, your claim.

You should seek attention immediately if you haven’t received any medical treatment. Even if you feel fine, you could have serious injuries without any current symptoms. For example, whiplash and concussions are common in car accidents, and these conditions may not have any symptoms until a few days after the crash.

If you do not have health insurance or know a doctor, our Dallas car accident attorneys will help you find a physician or clinic to treat you immediately. These medical providers will not charge you until your case is settled.

Document Your Losses

If you’re feeling up for it, document and collect evidence for your case. Your medical bills, for example, are evidence of financial losses caused by your injuries. Other important documents to strengthen your claim include:

  • Police report: The official accident record includes details about the incident that helps you prove the defendant’s negligence.
  • Medical records: These help you receive compensation beyond your medical expenses. Your records also tell a story about the emotional and mental impact of the crash, which helps you secure non-economic damages like pain and suffering.
  • Witness statements: Provide testimony from individuals who saw the accident and support your version of events.
  • Photographs: Visual evidence of the damage sustained to vehicles and any injuries suffered by individuals elicits a strong emotional impact.
  • Repair estimates: Provide an estimate of the repair cost for vehicle damage to maximize your award.
  • Auto insurance policy: This document offers information about available coverage and can support your claim.

A car accident lawyer will help document your losses and build a strong case demonstrating the extent of your damages and the other party’s responsibility. This includes ensuring that any medical and repair bills are accounted for, along with other accident-related costs.

Contact a Dallas Car Accident Lawyer

After obtaining proper medical attention, you should call a car accident lawyer. Especially if you are injured and cannot seek evidence to support your claim alone, contacting a lawyer will help build an evidence-based case.

A Dallas car accident lawyer from our firm can connect you with medical professionals and collect evidence for you. We will also take any calls from the insurance company, protect you from incrimination, and pursue fair compensation as you recover from your injuries.

Dallas Car Accident Cases and Personal Injury Law

Car accident cases fall under the purview of personal injury law, a legal area dealing with situations where an individual has been injured due to the negligent actions of another party.

In the context of car accidents, personal injury law applies when a driver, passenger, or pedestrian has suffered harm as a result of the careless or reckless behavior of a driver. These cases are often complex and involve determining fault, calculating damages, and negotiating with insurance companies.

Drunk Driving

Under Texas Penal Code Section 49.04, a driver commits an offense when operating a vehicle with alcohol, narcotics, or controlled substances in their system. Driving while intoxicated (DWI) is a criminal offense, so these are handled as criminal cases.

Depending on the situation, it can be either a felony or a misdemeanor. In addition, the intoxicated driver will face serious charges and must compensate the victim.

Distracted Driving

Driving while distracted is a common cause of car accidents in Dallas. Often, a motorist operates their vehicle while using a cell phone or another device, which takes their attention off the road, leading to a collision.

Proving that the other driver was distracted at the time of the accident is challenging, and it may require the assistance of an experienced personal injury attorney. In some cases, phone records, witness statements, or surveillance footage are evidence against the distracted driver.

Multiple Liable Parties

Many parties could be at fault in a car accident case, depending on your case. For instance, a driver, a vehicle manufacturer, and the local government may share liability. In this scenario, multiple factors contributed to the crash:

  • The motorist drove recklessly.
  • A vehicle part malfunctioned.
  • The local government left debris on the road.

Holding multiple parties liable complicates and extends the duration of a case. Determining the extent of each party’s liability is difficult, particularly if multiple causes led to the accident. Furthermore, each party likely has its version of events and attempts to shift the blame onto the others.

These cases require extensive investigations, evidence gathering, and legal proceedings, prolonging the case’s duration. In addition, filing separate lawsuits against each party may be necessary, further prolonging the case.

Multiple Accident Victims

If multiple people are harmed in a crash, they all have damages and hold claims against the at-fault driver. A case has more nuances and complications if more people are involved.

Our lawyers help victims seek justice by advocating for their rights and interests. We also help our clients understand their legal options, such as filing a lawsuit or pursuing an insurance claim.

Recoverable Damages in a Dallas Car Accident Case

Severe injuries lead to serious economic (financial) and non-economic (intangible) damages. A legal professional will determine all your economic and non-economic losses. Our Dallas car accident attorneys help you determine what types of damages you can access.

Economic Damages

Losses with a specific monetary value are known as economic damages. These tangible losses can be quantified or itemized and are intended to compensate the victim for specific financial losses resulting from the injury or harm caused by another party. Depending on your case, you may recover:

  • Medical bills: These include bills for emergency medical attention, hospital care related to injuries, medications, physical therapists, assistive medical devices, and more.
  • Property bills: These could be for repairing or replacing a personal injury victim’s car or other property damaged during the accident.
  • Work-related losses: These damages include a loss in earning capability and benefits a personal injury victim can no longer collect due to unemployment or lowered employment status.
  • Special damages: These vary depending on the victim’s specific situation. For example, if a person is disabled due to their injuries, they may have to hire a babysitter to look after their child. The cost can be considered special damage.

Non-Economic Damages

These are damages with no specific monetary value. Thus, intangible losses are more difficult to quantify and prove. However, our experienced lawyers rely on different types of evidence to show the full scope of the accident’s psychological and emotional impact. Non-economic damages include:

  • Pain and suffering: You may experience physical and emotional distress after a crash. The duration and intensity of your distress will impact your award.
  • Mental anguish: This emphasizes the psychological impact of a traumatic event. Victims can experience anxiety, depression, and post-traumatic stress disorder (PTSD).
  • Reduced life quality: The accident impacts multiple areas of your life. You may experience limitations on your ability to perform daily activities, such as work, hobbies, and socializing.
  • Loss of consortium: Losing companionship or intimacy impacts a relationship with their spouse or partner.
  • Loss of enjoyment of life: The award is intended to compensate the victim for their inability to enjoy the activities they once loved, like hobbies.

Punitive Damages

These damages are rare in most personal injury cases but can be awarded in car accident cases involving gross negligence. For instance, if a driver sped through an intersection, this could be considered gross negligence, and punitive damages may be awarded to a victim.

Punitive damages aim to punish the defendant for their reckless behavior and deter others from engaging in similar actions. Texas law places a cap on these damages, so they may not be higher than twice the amount of economic damages plus non-economic damages up to $750,000; or $200,000, whichever leads to a greater amount.

Wrongful Death Damages

Fatal crashes have devastating consequences for the victim’s families, leaving them to cope with the emotional and financial aftermath of a sudden loss. While no compensation will fully compensate for the loss, surviving loved ones may pursue legal action against those responsible for the accident to seek justice and recover damages.

Wrongful death damages include:

  • Medical expenses
  • Funeral and burial costs
  • Mental anguish
  • Loss of spousal or parent support
  • Loss of financial support
  • Your loved one’s physical pain before passing

Losing a loved one is one of the most difficult experiences. However, when a death is caused by someone else’s negligence or wrongdoing, it is even more devastating.

Our wrongful death lawyers help clients navigate the legal process during this difficult time. In addition, we provide compassionate support and guidance to help you seek justice and compensation for your losses.

Texas Laws Governing Car Accident Cases

If you have been involved in a car accident, it is important to understand the state legislation that applies to your case. For example, Texas has specific car accident laws, including fault, liability, and damages.

By understanding the legal framework, you can better protect your legal rights and pursue the compensation you deserve. Your lawyer will explain these laws and how they affect your case in more detail.

The Fault System

Texas is an at-fault state, which means that the at-fault driver is responsible for paying for the damages caused by the accident. However, whether you should file your claim through the negligent driver’s insurance carrier depends on the specific circumstances of your case.

If the other motorist is clearly responsible for the crash, filing an accident claim through their insurance provider may be the best option to pursue financial compensation. However, if liability is disputed or you are partially at fault for the collision, you may need to file a claim through your insurance company. Always work with a car accident lawyer to protect your rights.

If your injuries are severe, you should probably file a lawsuit. Insurance companies rarely offer fair settlements on catastrophic cases without an experienced car accident attorney filing a lawsuit. Our long history of successful jury verdicts in car accident lawsuits is well-known by insurance companies throughout Dallas.

The Texas Statute of Limitations for Car Accident Lawsuits

To file a valid claim in Texas, you must do so within the state deadline. This deadline is usually within two years from the date of your accident, according to the Texas car accident injury statute of limitations. However, you might have more time or less, depending on the crash details. Consult a lawyer to learn the time limit that applies to your case.

Common Car Accident Injuries in Dallas, Texas

Unfortunately, car accident injuries are common in Dallas and the rest of Texas. Sadly, many are serious or even fatal. In 2021, almost 240,000 people were injured in motor vehicle accidents in Texas, according to the Texas Department of Transportation. Nearly 20,000 people suffered serious injuries. That same year, 4,489 people lost their lives.

With Texas having an increase of 15.22% in car accident fatalities from 2020, the roadways are becoming more dangerous. If this trend continues, injuries and deaths may become more common in the coming years. Thus, more people will seek representation from lawyers, as they rightly should, until a change is enacted to make Texas roadways safer.

Catastrophic and Severe Injuries in Collisions

Motor vehicle crashes can result in various injuries to any area of the body. However, some areas are more vulnerable than others. Common injuries include:

  • Head trauma: This can lead to a traumatic brain injury (TBI), like a concussion. According to the U.S. National Library of Medicine, TBIs occur when the head impacts a part of the vehicle, like the steering wheel, or when the neck is jolted suddenly and severely. TBIs may result in permanent damage and disability or even death.
  • Spinal trauma: This can cause a disc slip or rupture, nerve damage, and paralysis. If the trauma is especially severe, it can result in paraplegia (paralysis of the lower area of the body) or quadriplegia (paralysis of both the upper and lower areas of the body).
  • Neck trauma: The neck is especially vulnerable in car accidents. Whiplash is common but less serious than a damaged larynx or a crushed trachea. These two injuries often have lasting effects, such as difficulty with movement, breathing, and eating.
  • Trauma to the chest: This can cause broken ribs and a broken sternum. These injuries are especially common in high-speed accidents. Sometimes, a broken bone pierces an organ, which can cause fatal injury.
  • Trauma to the legs: This kind of trauma can lead to broken bones and torn ligaments in the legs. These injuries often cause long-term complications, like issues with walking. Leg injuries are more common in side-impact crashes.

The Benefits of Working With Our Dallas Car Accident Lawyers

If you choose not to handle your case alone, you should choose one of our law firm’s attorneys to represent you. Our Dallas car accident attorneys have represented people like you for over three decades in Texas.

We Will Represent Your Interests

We know how to handle difficult car insurance companies and their lawyers during negotiations. We also know how to present your case to a judge during litigation. As a result, you should be confident in our attorneys’ ability to represent you.

We Work on Contingency

We’re so confident in our attorneys that we work on a contingency fee basis. This means your lawyer will offer their services at no cost until and unless they obtain compensation for you.

You Will Have Our Full Support

Your attorney will be invested in the outcome of your case and your health and wellness. If you still need medical services since your accident, your attorney will help you get them, even if you lack health coverage. For instance, your attorney can delay your medical payments until you access compensation.

Our Client Success Stories

During our 35 years of practice, our legal team has built a successful track record. We owe much of our success to Domingo Garcia, our law firm’s lead attorney. One of his first success stories was in 1995 when a jury awarded $1.1 million to Domingo’s client, a car accident victim.

After that first success story and many others like it, Domingo’s legal career was publicly recognized when he was awarded a spot in the Texas Top 50 Settlement for 2019.

In a more recent case, Domingo Garcia won a $9 million settlement for a young child who suffered a traumatic brain injury in a motor vehicle crash caused by a negligent commercial vehicle driver. Other million-dollar settlements and verdicts we secured include:

  • $8.75 million settlement for a truck accident victim
  • $2.75 million settlement for a roadside worker fatally struck by a commercial motor vehicle
  • $1 million settlement awarded to a car accident victim who suffered a lumbar fracture

Frequently Asked Questions

Car accident cases are often complex and confusing, leading to many questions about the process, insurance issues, and potential liability. Knowing the answers will help you understand your legal rights better and ensure you are adequately compensated for any losses you suffer.

What Is the Average Settlement for a Car Accident With Injury in Dallas?

Providing an average settlement for a motor vehicle crash is difficult since every case is unique. Also, settlement amounts vary widely based on factors such as the severity of injuries, amount of damages, and liability. Some car accident cases settle for a few thousand dollars, while others settle for millions.

Generally, car accident settlements in Dallas include compensation for medical expenses, lost wages, property damage, and pain and suffering. In cases where the victim has suffered severe injuries, such as spinal cord injuries, the settlement may include additional damages for long-term medical care, and future lost earnings.

If you were injured in a crash, working with an experienced attorney is important. A legal professional will help you navigate the complex legal process and protect your rights, ensuring you receive the compensation you deserve.

How Much Can a Dallas Car Accident Lawyer Help Me Receive in My Case?

You may have proof of financial damages, such as medical bills. However, you likely don’t know how to estimate the value of all your damages, especially intangible ones. Until you establish their value, you won’t have an idea of what your case is worth, and you can’t convince the insurance adjuster of the value of your case.

A Dallas lawyer from our legal team will help to prove your damages. For instance, your lawyer will look at the market value of your vehicle to determine the cost of replacing it. They may also refer to a car accident reconstruction specialist who can simulate the crash, which could help establish your physical damages.

How to Prevent the Insurance Company from Devaluing Your Case?

Vehicle insurance providers are for-profit businesses. Because of this, they want to reduce the amounts they have to pay out to car accident victims. Therefore, these companies always try to devalue the victims’ cases.

One of the best ways to prevent an insurance company from devaluing your case and reducing your payout is to have your damages professionally evaluated. Our Dallas car accident lawyers provide professional evaluations for your automobile accident in Dallas that Texas insurance companies will take seriously.

How Can a Dallas Car Accident Lawyer Help Me Prove My Case?

A lawyer from our firm will help you list and evaluate your damages, but that won’t be enough to win a case. In addition to evaluating your damages, your lawyer will collect and prevent evidence.

There are many sources of evidence on which to rely. For example, your doctor is an excellent source, especially if they’re willing to offer a written statement about your physical, mental, or emotional damages.

Your lawyer can hire a car accident reconstructionist or human factors expert to provide court testimony about your case. Your lawyer may also seek out witnesses to provide testimony. There may be many other sources of evidence for your case, such as:

  • A witness’s cell phone footage
  • Your collection of photos documenting the accident scene
  • Traffic camera footage
  • Vehicle dash camera footage
  • The at-fault driver’s employee profile
  • The other driver’s breathalyzer test results, if applicable
  • Your pay stubs showing your salary
  • Repair records for the other driver’s vehicle
  • The accident reports the authorities wrote up at the scene
  • Your medical history, which could prove your accident-related injuries are recent

How Can a Dallas Car Accident Attorney Prove Liability in My Case?

Your lawyer must build a case for damages and establish the driver’s negligence to prove liability. To establish negligence, your lawyer must show:

  • The other driver owed you the responsibility of driving carefully on the road to keep you safe. For example, they should drive the speed limit, look out for pedestrians and other drivers, and maintain their vehicles in good condition.
  • The driver was irresponsible and did not drive carefully, such as by speeding or being distracted while driving.
  • The driver’s irresponsible actions resulted in the auto accident.
  • The motor vehicle crash caused you damages, such as a brain injury, and the cost of treating it.

Who Pays for a Car Accident in Texas?

The liable party’s insurance company typically pays for the other party’s damages in Dallas and the rest of Texas. This is because Texas is an at-fault state.

Texas is also a comparative negligence state, so even if you were partially responsible for the crash, you could receive damages (as long as you are under 51% at fault). However, you will have the payout reduced by the percentage of responsibility they share.

For example, if the evidence finds you responsible for 25% of the car accident, your payout will be reduced by the same amount because of Texas’s laws.

How Can a Dallas Car Accident Attorney Help Me Collect My Payout?

Once your lawyer identifies the at-fault party’s vehicle insurance provider, they will pursue compensation. However, the process isn’t as simple as presenting your case and your list of damages. Instead, your lawyer must communicate and negotiate directly with the insurance provider and their lawyers.

Negotiations are tricky. For example, the other side can be indifferent to an injury victim’s damages or act in bad faith. Still, our lawyers have methods of convincing the other side to cooperate and negotiate fairly. For instance, your lawyer may threaten to sue the other party. Often, the threat of a lawsuit is enough to convince the other side to settle a case fairly.

We won’t hesitate to sue if the other side refuses to settle on a fair award. Our personal injury attorneys will file the lawsuit for you and then negotiate your verdict with a judge.

Should I Sue in My Dallas, TX, Car Accident Case?

You and your lawyer can sue if negotiations don’t yield the expected results. Typically, lawsuits are for cases involving gross negligence or catastrophic or severe injuries, like brain damage. If your case involves any of those things, you may want to sue immediately rather than go through negotiations.

Your lawsuit will hold the other driver directly accountable for their negligent actions and help you access damages you couldn’t recover in an insurance claim. You and your lawyer will discuss whether to sue and when. Remember, the statute of limitations in Texas for personal injury claims is generally two years from the date of the accident.

Reach Out to Domingo Garcia for Legal Representation

A single traffic accident changes many lives. However, one of our Dallas car accident attorneys will help you recover financially. In addition, your attorney can help you recover physically by connecting you with a medical provider.

At Domingo Garcia, we offer clients various legal services, from working on a contingency fee to fighting for you in the courtroom.

We will tell you more about what we can do for you during a free consultation with a member of our team. Contact us today to learn more and consult with your car accident lawyer.

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    Meet Domingo

    Attorney Domingo Garcia has led an active civic, legal and political career. He was born in Midland, Texas and grew up in Dallas, Texas. He received his B.A. in Political Science from the University of North Texas in 1980.

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