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What Are My Rights If I’m in a Car Wreck in Dallas, TX?

Home » What Are My Rights If I’m in a Car Wreck in Dallas, TX?


If you experienced a car wreck in Dallas, TX, you have the right to hold the at-fault driver responsible for your post-accident expenses and losses by filing a personal injury insurance claim or lawsuit. You also have the right to take your case to court if you cannot reach a settlement agreement. Also, you have the right to legal representation throughout the financial recovery process.

Recovering compensation after a car accident sometimes feels like a complex and frustrating undertaking. Understanding your rights and the Texas laws that impact your case is important to ensure you get the compensation you are entitled to recover. When you hire our Dallas car accident lawyer to represent you, they can fight for your rights.

You have the right to medical care for your injuries.  Even if you do not have health insurance, our car accident attorneys can arrange for you to see doctors and therapists to treat your injuries and wait for payment until we win you a money settlement.

You Have the Right to Recover Damages from a Negligent Driver in Dallas

According to Texas Civil Practice and Remedies Code § 41.001, you have the right to recover economic and non-economic damages after a negligence-based car accident. Economic damages are tangible losses that come with bills, estimates, and receipts that prove their value. 

Your recoverable economic damages include:

  • Past, current, and future medical bills
  • Past, current, and future lost income and earnings capacity
  • Treatment-related travel expenses
  • Property damage or total destruction
  • Diminished property value

Non-economic damages are your intangible losses. It is difficult to assign a value to these losses on your own. The lawyer who handles your case will explain the process that determines their monetary value. Recoverable non-economic damages include:

  • Physical disability and disfigurement
  • Ongoing physical pain and suffering
  • Ongoing mental and emotional distress
  • Diminished quality of life

Your lawyer will assess your financial losses and explain how Texas Civil Practice and Remedies Code § 33.001 affects your case. This law gives you the right to recover compensation as long as you are liable for less than 50% of the car wreck in Dallas.

Your Dallas personal injury lawyer will create a comprehensive list of your recoverable damages and properly communicate the value of your case. 

How to Document the At-Fault Driver’s Negligence and Financial Liability

Your right to recover compensation from the at-fault driver after your accident requires proof of their negligent action. To prove the driver’s negligence, your lawyer will compile the following evidence:

  • Your car accident report. It will tell your lawyer the accident’s date, time, and location, along with contact details for all involved parties. It will also contain details like the accident’s causes and contributing factors, points of impact, and the investigating officer’s narrative.
  • Your medical records that document your injuries, their cause, and their severity
  • Statements from lay and expert witnesses, along with dashcam and surveillance video that supports your version of the events that led to the accident

Your lawyer will also collect evidence that proves the accident’s financial impact including your employment records, medical bills, and vehicle repair or replacement estimates.

After a car wreck in Dallas, you may need substantial time to recover from your injuries, depending on their severity. While you heal, your lawyer can get to work thoroughly investigating your case.

You Have the Right to Hire a Lawyer to Handle Your Car Wreck Case

You may consider negotiating and settling with the at-fault driver’s insurance provider on your own. There are benefits to working with a lawyer. To bolster and support your case, they will:

  • Investigate the accident
  • Assess its monetary value
  • Handle case-related paperwork
  • Communicate on your behalf
  • Clarify legal terminology and jargon
  • Provide ongoing updates on your case

After a car wreck in Dallas, it is never too early to get a lawyer on your side. They will fight hard for a fair financial outcome for you. If an acceptable settlement cannot be reached, your lawyer will take your case to trial and help you continue your fight for the compensation you need.

Your Lawyer Can Clarify the Statute of Limitations in Dallas, Texas

The statute of limitations is an important — but complex — part of your case.

In general, Texas Civil Practice and Remedies Code § 16.003 entitles you to two years to file your personal injury lawsuit. It also entitles you to two years to file your wrongful death lawsuit if you lose a loved one in a car wreck. The best way to ensure compliance with the filing deadline is to let a lawyer handle it for you. 

You Can Take Your Case to Court if the Insurance Company Refuses to Settle Fairly

If you cannot reach an insurance settlement after a car wreck in Dallas, you may decide to file a lawsuit. The lawyer who handles your case will:

  • Prepare and file your lawsuit
  • Represent you in court and try your case to a jury, if necessary
  • Prepare evidence 
  • Conduct necessary depositions

Your case can reach a settlement agreement at any point until you reach a final verdict. If one is possible, your lawyer will continue to negotiate on your behalf. 

A Lawyer Can Help You Fight for Compensation in and Out of Court

If your case does not go to court, your lawyer will guide you through each step of the negotiation process. They will ensure your case is accurately valued before drafting and submitting a demand letter. Your lawyer will carefully weigh each offer you receive and explain its merits and drawbacks. 

A lawyer from our firm will also ensure the insurance company handles your case fairly and protect you from bad faith insurance tactics. We can make sure the insurance company handles your case in a timely fashion so you can start putting your life back together as soon as possible. 

Contact Our Car Wreck Team in Dallas for a Free Review of Your Case

If you or someone you love suffered injuries in a car wreck in Dallas, TX, you need to understand what your rights are. Our car accident lawyer can explain your rights and help you navigate the monetary recovery process. 

Learn more about our passionate pursuit of financial compensation by contacting our case review team at Domingo Garcia today.

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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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