Personal injury cases can not only leave you in a deep state of agony and emotional stress but will also cost you some serious money. Car accidents, animal attacks, slip and fall incidents, and similar personal injury cases are not uncommon in Dallas, Texas.
People often have to go through a great deal of pain and suffering due to such events and it can also mess up their financial state, especially under the prevailing economic circumstances. Thus the legal rights of accident victims are a welcome respite for those seeing fair and rightful compensation for their losses. It becomes necessary, at times like these, to step back and let a professional Dallas personal injury lawyer handle the mess.
Even though the law is on your side, you may be forced to face uneasy situations during your efforts of securing reimbursement for your losses. The at-fault party may try to evade the blame or their insurer may not offer a fair settlement offer. Contact The Glenn Law Firm today to discuss your options with our personal injury team.
Defining A Personal Injury Claim (Dallas, Texas)
The law in Dallas requires all people filling various roles, which involve other persons directly or indirectly, to be cautious about the effect of their activities on others. This duty or responsibility is legally binding. For instance, drivers must make sure that they are driving safely and within legal bounds (not intoxicated, or unlicensed, or driving with a suspended license, or being underage, etc.)
If a party fails to uphold this duty, then the blame of any mishap due to this negligence would fall on their shoulders. Thus when people get involved in an accident due to someone else's negligence, they can sue the at-fault party for monetary compensation.
This settlement is covered by the personal injury law which deals with all sorts of damage done by:
- Automobile Accidents
- Slip and fall accidents when there was no warning sign
- Burn Injuries
- Head and Brain Injuries
- Back and Spinal Cord Injuries
- Animal attack, especially being attacked by a pet dog
- Accidents due to lack of adequate safety measures at the workplace
- Being harmed by a defective or wrongly labeled product
- And much more…
If you were put under any danger due to someone's negligence then you can proceed with a personal injury claim with their insurer to get a fair settlement. However, if the insurance company refuses to cooperate, and this happens more often than you think, you can take matters to a court of law.
In either case, having a lawyer by your side can make all the difference in your endeavors.
Types of Damages In A Personal Injury Case (Dallas, Texas)
In any accident or personal injury situation, the damages are divided into two types: economic losses and non-economic damages. The former encompasses all sorts of property damage, medical bills, and “special” expenses – a term used by insurers to refer to all the expenses necessitated by the incident and which would not be needed otherwise.
The economic losses are easier to account for: after all, how hard is it to sum up your expenses? But you do need concrete proof to back up your claim. The insurance adjuster will not simply take your word for it – they will demand to see all the receipts and bills to check the validity of your claims.
If you keep your records complete, then you have nothing to worry about.
However, calculating the non-economic losses is much harder. For one, there is no quantifiable measure for pain, at least not scientific. This means that getting a fair sum for your non-economic losses is much harder because there's uncertainty here.
That's not to say that non-economic losses are not given due consideration. On the contrary, such injuries and sufferings, if proven to be intense, can get you a sum much higher than otherwise. Non-economic damages encompass all forms of pain and suffering such as:
- Physical agony due to injuries
- Emotional stress associated with an accident
- Mental effects of a painful incident
- Loss of consortium
- Wrongful death
- Loss of joy of life
These are but a handful of examples, non-economic damages can take many forms but they all involve suffering either physical or mental.
When addressing a personal injury case, a lawyer will make it a point to account for both of these damages and ascertain the long-term impacts of your losses. This way, the one-time payment you receive as compensation from the insurance company will be enough to deal with the lingering effects of your suffering.
Thus it is important to get in touch with a professional legal team if you wish to secure a fair return for your economic and non-economic losses in Dallas, Texas.
Seeking A Fair Settlement For Personal Injury In Dallas
People can and do receive fair settlements from the at-fault party's insurer. Since the State of Texas follows the ‘at-fault' statute, the responsible party has to pay for all the damages sustained by an accident victim.
Normally, you'd gather all the evidence, starting from the scene of the accident (this includes a police report in the case of an automobile crash, pictures, witness contact information, etc.), and including all the bills and receipts of your expenses, and any comments from your doctor (can't drive, can't lift more than a certain weight limit, etc.) Once all the evidence is assembled, you'll draft a compensation demand and approach the insurer of the responsible party with your attorney.
The insurance adjuster will settle the fault if there is disagreement here, however, if there is any unfairness during this affair, you can always walk out and exercise your legal rights by filing a lawsuit. If the insurer accepts the blame on their client's behalf, you can “talk money.”
This much is clear that the sum you'll receive will account for all the economic losses you had to sustain because of the other party's negligence. However, the claims for non-economic losses (the pain caused by your injuries) can sometimes be tricky.
Insurers can use all sorts of excuses and legal loopholes to downplay your sufferings so that they don't have to pay you as much as you've demanded. Since you can't make anyone see or feel your pain, you'll have to come up with some solid evidence for your sufferings.
In case of severe injuries or the wrongful death of a loved one, your sufferings will be unquestionable. However, for minor accidents, proving your anguish will be tricky. You can use the doctor's notes, testimonies from your relatives, friends, and neighbors about how the incident affected your lifestyle, or your own notes, to get them to see things your way.
However, if nothing works, the insurer will only offer a nominal sum for your pain and suffering on top of all the financial losses. Some people take the settlement offer simply because the financial burden is too heavy to sustain for long.
But you do have the option of rejecting an unfair settlement and taking matters to court.
During this whole process, you may want to have your attorney (or law firm) by your side to avoid any mistakes – your words should be calculated because they can be used against you.
Contact Our Dallas Personal Injury Lawyer Right Now!
Proceeding with proper legal counsel and knowing when to let your lawyers take charge is vital for securing fair compensation, and we always ensure that our clients never have to back down. If you walk this road alone, you won't be able to go far before having to retreat.
Our team of professional personal injury attorneys, at the Glenn Law Firm, have consistently proven their dedication to our clients and have helped many claim fair compensation in personal injury cases.