As Featured In
When another person in Euless injures you, you will likely have damages that need to be compensated. Fortunately, our attorneys can help you cover those losses by filing a lawsuit against the negligent party.
Trying to settle a claim without legal support can be incredibly difficult and will often result in you losing out on compensation. Personal injury lawsuits have numerous issues that must be addressed before compensation will be awarded. We must make sure we have the right evidence and enough of it to prove each element of your case. With good evidence, we will be able to better argue that the defendant is solely responsible for your injuries and fight claims that you were partially at fault. Our team will also ensure your lawsuit is filed on time. If the deadline is approaching in your case, we can determine if an exception will give you more time to gather evidence and file your claim.
Call The Queenan Law Firm, P.C. today at (817) 476-1797 for a private, free case review with our personal injury attorneys.
Common Issues in Personal Injury Lawsuits in Euless, TX
Most personal injury lawsuits tend to be complex, even for relatively minor accidents. Fortunately, our experienced personal injury attorneys can explain in detail all the important issues likely to arise in your case. We can tell you how we will get evidence and what uses it will have in proving your claim. Our team can also explain how fault is likely to be assessed and whether your own actions could impact your compensation. Most importantly, we will assess your damages so you get what you are entitled to in your settlement.
Gathering Evidence
Gathering evidence is typically the first step in an injury case and is often a two-fold process. Some of the evidence can be gathered while you are still on the scene if your injuries allow. Other pieces of evidence will be obtained by attorneys after filing your lawsuit.
If your injuries do not prevent you from obtaining information, you can do several things to preserve evidence before the accident scene is cleaned. Often, the best way to back up your claims is to get pictures of the scene and your injuries. If a liquid caused you to slip and fall, take photos of the spill, as it could give us an idea of how long it was left sitting there. If you were the victim of a car accident, photograph the damage to the vehicles, the spot where it occurred, and any debris you notice.
Our lawyers will go out to the scene to get evidence you likely could not even if you noticed it. For instance, if your accident happened in a business where you were shopping, we can determine if they have working surveillance cameras and demand that they turn over any footage of your accident in their possession.
Contacting witnesses as soon as possible is also important. The sooner we can speak with witnesses and secure their testimony, the more likely they are to remember important details that can help your claim.
Lastly, we will help you collect evidence as you are generating it. In most cases, victims will still be getting medical treatment while their case is being negotiated. As your case progresses, you will have more medical records that need to be gathered, as well as the invoices for treatment. This includes obtaining your employment records for your lost income claim.
Determining Fault
Whether fighting for compensation in an insurance claim or a lawsuit, determining fault will likely be the central issue. Fortunately, sharing fault for your accident will not prevent you from suing and recovering compensation in Euless. “Proportionate responsibility” is used in injury lawsuits to determine fault between the parties and award damages accordingly.
The proportionate responsibility rule is a type of modified comparative negligence standard that allows victims to recover compensation as long as their share of negligence is not greater than 50%, according to Tex. Civ. Prac. & Rem. Code § 33.001. If the claimant’s portion of the fault is any number over 50%, they will be barred from recovering any compensation. If the victim’s portion of fault is 50% or less than the defendant’s, they will still be awarded damages, albeit reduced by the percentage of fault they were found to have contributed.
Since most lawsuits are negotiated between our attorneys and insurance companies before going to trial, the issue of liability will be up to the arguments we make on the evidence and whether the insurance company wants to avoid having the court decide the issue. If your case does go to court, the question of proportional responsibility will be decided by the judge or jury, as per § 33.003(a). Thus, the best way to fight claims that you acted negligently in the accident is to have as much evidence as we can get.
Time Limit to File a Claim
One of the most critical issues we will deal with before even fighting your case is determining how long you have to file your lawsuit under the state’s deadline, known as the “statute of limitations.” For injuries in Euless, § 16.003(a) allows victims only two years from the date they were injured to file a lawsuit in most cases.
The courts take this deadline very seriously as they do not have the time or resources to hear cases that should have been filed long ago. As such, cases that are filed after the statute of limitations runs will be dismissed, and the plaintiffs will be barred from recovery.
There are very few exceptions to this rule, so it is best to file your lawsuit as soon as we have enough evidence to justify your damages and who was responsible. If you do need more time to file, we can see if an exception applies.
For instance, if the victim is a minor or mentally incapacitated enough to prevent them from filing, § 16.001 will allow two years from the date either of these “disabilities” is removed. Thus, a child injury victim will have two years from the date they turn 18 to file their claim.
You might also have more time if your injuries were from asbestos or silica exposure. Under § 16.0031, the time starts to run either when the victim dies from exposure or the date the victim becomes aware of the exposure.
You will also have more time to file if you were the victim of a crime that resulted in injury but cannot identify the perpetrator after attempting to discover their identity through due diligence. According to § 16.0045(d), the limitation will not be tolled until the defendant is identified. Once identified, victims will have 30 days from that date to file a lawsuit.
Our Euless, TX Personal Injury Attorneys Are Here to Help You Get Justice for Your Injuries
For your free and confidential case assessment with our personal injury lawyers, contact The Queenan Law Firm, P.C. at (817) 476-1797.