What is Personal Injury in Fort Worth, Texas?

Personal injury in Fort Worth, Texas, refers to any physical, mental, or emotional injuries suffered due to someone else’s negligence or carelessness. The Texas Court System allows individuals who suffer such injuries to seek compensation under state personal injury laws. 

In Fort Worth, legal disputes involving personal injuries and monetary compensation are civil cases. Unlike criminal cases which are initiated by the state and involve the legal punishment of criminal offenses, civil cases are initiated by private entities and are resolved by awarding monetary awards or compensation to injured parties, if successful. 

What is a Personal Injury Claim in Fort Worth, Texas?

Personal injury claims in Fort Worth are civil lawsuits that arise when one entity is injured due to the negligent actions of another. Accidents caused by negligence frequently have devastating consequences for victims' health and finances. As a result, filing a personal injury claim allows them to seek legal remedy from the entity (individual, business, organization, or government) that caused the injury. The plaintiff is the injured party who files the claim, and the defendant is the entity against which civil relief is sought. Personal injury claims include motor vehicle accidents, truck and commercial vehicle collisions, wrongful death, slip, and fall accidents, liability for defective products, etc.

In Fort Worth, Texas, personal injury claims are governed by Texas Civil Practice & Remedies Code. The code affects the filing and resolution of personal injury claims in the city. They can also affect the amount of time a plaintiff has to file a personal injury lawsuit. Civil actions arising from a personal injury in Texas have a two-year statute of limitations. Unless an exception applies, all cases must be filed within two years from the date of the injury. If the statute of limitations in a civil case runs out, the victim is barred from seeking legal redress, regardless of whether their case has merit or not. 

Texas personal injury laws can also affect the amount of compensation that an injured party is entitled to, as well as whether or not they have a valid personal injury claim. For a personal injury claim to be considered valid, each of these four primary elements of negligence must be established:

•  Duty of care

The first element considered in personal injury claims is whether the other party owed a duty of care to ensure safety. Individuals, corporations, and other legal entities have the legal obligation to act in a manner that does not pose an unreasonable risk of injury to another entity. For example, a motorist has a duty of care to obey traffic laws and operate a vehicle safely to ensure the protection and safety of other road users. 

• Breach of the duty of care

Once it is established that the other party owed a duty of care, it will be determined whether or not that duty was breached. This essentially means that the other party breached their legal obligation by acting in a way that put the plaintiff at an unreasonable risk of harm. For instance, a breach of duty may occur when a motorist violates traffic safety regulations and endangers the safety of other road users.

• Causation

Causation is the element of negligence that describes the reason an incident happens. It describes how the defendant’s failure to perform their duties made the plaintiff suffer an injury. Proving causation involves investigating the facts of a claim and determining whether the plaintiff would not have sustained any injuries if the at-fault party acted differently. 

• Damages

To be eligible for compensation following an accident, a plaintiff must demonstrate that they suffered quantifiable losses due to the defendant's failure to exercise their duty of care. As such, a plaintiff seeking compensation must prove that they suffered physical, mental, or emotional injuries. 

Injured victims in Fort Worth can file their personal injury lawsuits in Tarrant County Courthouse. If the claim is worth more than $200, it will be addressed in the District Court; however, if the claim is worth less than $10,000, the injured party can choose to proceed in the small claims court. 

Lawsuits can be expensive. As such, plaintiffs are advised to ensure that they have viable claims before filing. They are also urged to take the necessary precautions to avoid losing their case, such as hiring personal injury attorneys to protect their rights. 

How to Find a Personal Injury Lawyer in Fort Worth, Texas?

Finding a qualified Fort Worth personal injury attorney can help injured victims receive the most compensation for their injuries and losses. Personal injury lawyers provide legal advice and representation to clients who have suffered a physical injury, psychological injury, or financial loss due to the carelessness or negligence of another entity. 

There are several ways for a potential client to find personal injury attorneys in Fort Worth:

• Getting recommendations from friends, family, and other acquaintances

Interested parties may inquire with anyone who has been represented by an attorney in a personal injury case about their level of satisfaction with their lawyer’s services. If the feedback is positive, then their lawyer may be considered. However, it is not advisable to make hasty decisions based on someone else's suggestion or recommendation.

• Consider Professional Associations

Many state and local bar associations offer attorney referral services, including the Texas State Bar Association and the Tarrant County Bar Association. These websites contain information about licensed attorneys in the state. They allow users to search for lawyers of their choice, by name, location, area of practice and so on. Despite the fact that these databases contain information about licensed lawyers, they do not thoroughly review the attorneys. Hence, individuals thinking about hiring a lawyer referred by these professional organizations should ensure to interview their choices before deciding whether or not to hire them.

• Online law firms

Interested parties can find multiple personal injury lawyers and law firms through an internet search. They can gather more information by visiting websites, reading reviews, etc. Still, it is not advisable to settle for the first lawyer or law firm on the search engine results page. 

Following the compilation and shortlisting of potential attorneys based on research, these attorneys should be interviewed to determine if they are compatible with the party's objectives. In such cases, it is critical to ask about their prior experience with similar cases and trials, the likely course of action based on the facts of the case, legal fees, and so on. 

What does a Personal Injury Lawyer do in Fort Worth, Texas?

A personal injury lawyer is a civil litigator who represents the interests of the parties involved in a personal injury lawsuit. They provide essential legal services to those who assert that they have suffered an injury (physically, psychologically, or financially) as a result of another entity's negligence. 

Personal injury attorneys perform various specific actions depending on the type of case they are trying to resolve. The following are some of the activities that personal injury attorneys may perform that will benefit a plaintiff's case:

• Obtaining evidence

A successful personal injury claim is frequently founded on supporting evidence that demonstrates that the defendant's negligence caused the injury. A lawyer will investigate to gather substantial evidence to establish the claim's value and the defendant's liability. This may entail obtaining any police or incident reports and interviewing witnesses to obtain their statements. Medical reports, bills, employment reports, and property damage reports are also examples of evidence that can be used.

• Negotiating with the defendant

Personal injury attorneys are highly skilled negotiators. They can examine the terms of any settlement agreements, if any, and determine the maximum amount of compensation that may be available based on the specific facts and circumstances of the particular case.

• Filing legal complaints

Suppose the defendant refuses to make a reasonable settlement offer. In that case, the personal injury attorney may file a formal complaint that outlines legal arguments that support the claim that the defendant is to blame for the plaintiff’s injuries. In addition, the complaint specifies the amount of damages that the client is requesting. 

• Client representation at trial

If the case goes to trial, a personal injury attorney will represent their client in the courtroom. Because they are well-versed in court customs and procedures, they can counsel their clients and assist them in navigating the legal system and overcoming obstacles presented by their opposition. 

Do I Need a Personal Injury Lawyer?

Parties in personal injury claims have the right to represent themselves under Texas Rules of Civil Procedure. Hence, they have the option of hiring a personal injury lawyer or representing themselves. However, depending on the circumstances of the claim, hiring a competent and skilled personal injury attorney may be necessary to obtain full and fair compensation for injuries sustained in an accident. 

The benefits of hiring a personal injury attorney outweigh the disadvantages. As legal professionals, personal injury attorneys know which cases have a good chance of being successful. They have years of knowledge and experience in dealing with court cases, determining when to file lawsuits, and speaking in front of a judge and jury. Therefore, they are familiar with all of the procedures, steps, and necessary paperwork that must be completed in a personal injury case.  

Aside from that, it is likely that an injured party may be going through a difficult time after the incident. Thus, the added stress of fighting their case without legal assistance may aggravate any injury, particularly if it has resulted in time off work or mental health issues. In such cases, hiring an attorney is best to receive a larger settlement and win their case. 

Legal fees may be the most significant drawback to hiring an attorney. Parties in personal injury lawsuits may examine their case to determine whether they require an attorney's services. In cases where the liability is undisputed, the injured party's claim is small, or the incident did not result in any emotional, physical, or financial injuries, it may not be necessary to retain the services of an attorney. 

Nevertheless, legal fees in personal injury cases can be negotiated. Many personal injury lawyers work on a contingency basis. This implies that they will not be paid unless the case is resolved in their client's favor. Then, the lawyer will collect compensation from their client’s settlement or damage award. 

Overall, the decision to hire a personal injury attorney depends on the party’s objectives and the specifics of the case. It is always a good idea to decide whether or not to hire an attorney before filing a claim. Attempting to handle a claim without a lawyer and then hiring one, later on, may complicate the claim process. 

How much to ask for in a Personal Injury Settlement in Fort Worth, Texas?

Calculating the value of a settlement entails determining economic and non-economic damages. Damages are the monetary compensation injured victims receive if their lawsuit is ultimately successful. 

Economic damages are compensatory damages awarded for quantifiable losses. They assist injured parties in recovering their financial losses. Economic damages may include monetary compensation for the following:

• Medical expenses: Injured victims may recover damages for all existing and future costs associated with the injury, including ambulance rides, transportation to and from medical facilities, hospital admissions, surgery, at-home care, and rehabilitation services.
• Lost wages and future earnings. Many preventable injuries force people to miss work for extended periods. A personal injury claim can provide financial assistance for job changes that are either temporary or permanent due to the injury.

Texas does not have a cap on the amount of economic damages recovered in a personal injury case. Consequently, even if an injury caused $1 million in medical expenses, the injured victim will be compensated.

Non-economic damages are not related to financial losses. They result from the emotional, physical, and mental harm caused by the incident. In Fort Worth, the amount of non-economic damages recovered in medical malpractice cases is limited to a specific amount. There is a $250,000 cap on non-economic damages against a single physician, health care provider, or health care institution.

Non-economic damages include:

• Pain and suffering
• Disfigurement or physical impairment
• Emotional distress such as depression, anxiety, or post-traumatic stress disorder (PTSD). 

As a form of punishment in cases involving blatant negligent or malicious behavior, the court may order the defendant to pay a sum in addition to and beyond existing damages. This type of compensation is referred to as punitive or exemplary damages. They are awarded to deter intentional or reckless behavior. 

Calculating economic damages is straightforward because it involves simple additions of clearly quantifiable medical bills, property damage, and wages lost. On the other hand, non-economic damages are more abstract or vague and necessitate a much more complex analysis. It is calculated by multiplying the total amount of economic damages by a multiplier. 

The multiplier method determines the value of pain and suffering damages. Based on the extent and severity of the injuries sustained, a numerical value ranging from 1.5 to 5 is assigned. More severe cases are given a higher multiplier. For example, cases involving amputations have higher multipliers than cases involving broken bones. After multiplying the total economic losses by the multiplier, the result is the amount of non-economic damages. For instance, if the multiplier is three and the total value of the economic damages is $50,000, the value of non-economic damages is $150,000. 

In personal injury cases, determining the value of damages is critical in the case's outcome. As such, more time should be dedicated to determining the desired settlement value. If the defendant were partially to blame for their injuries, they would only be eligible for partial compensation. Texas follows a modified comparative negligence system that allows injured victims to receive compensation when they are 50 percent or less at fault for their injuries. Therefore, if it is determined that they were more than 50% at fault for their injuries, they will not be entitled to compensation. In Fort Worth, this is the law of proportionate responsibility or shared fault. 

How Long does a Personal Injury Lawsuit Take?

Each personal injury case is unique, as is the time it takes to resolve it. Some personal injury cases take much longer than others because various factors influence and determine the length of personal injury litigation in Fort Worth:

• Factual or legal complexities: Determining liability or compensation are two examples of factual or legal complexities that can cause a personal injury case to be delayed. A personal injury case cannot proceed if the plaintiff does not know who to hold responsible or the associated compensation. If the extent of the losses is known and liability is not in dispute, a personal injury case may settle more quickly.
• The caseload in the jurisdiction: Following the filing of a lawsuit, it is up to the courts to set a trial. The volume of cases on the docket may impact how quickly the case is scheduled for a hearing. Tarrant County Courts recorded a total of 237,881 personal injury cases on the docket between January 1, 2019, and January 31, 2022. Only 12,337 of those cases were resolved. In addition, motor vehicle injury claims accounted for roughly 80% (192,180) of the total cases, with only 10,030 of them being resolved.
• Whether or not the case goes to trial: In most cases, settlement negotiations are the first option for injured parties because they are deemed faster than lawsuits. Lawsuits take longer to resolve and almost always result in extra expenses. Still, going to trial is not a guarantee for success. If the court favors the defendant, the plaintiff will receive no compensation for their injuries, damages, or litigation costs.
• Plaintiff’s decision: If the plaintiff is willing to accept less compensation offered by the defendant, the case may be resolved quickly. But if they however choose to wait for a higher sum of money, the case may take longer to resolve.
• How long the medical treatment and recovery last: After a personal injury accident, it can take a while to determine the extent of the injuries. Patients may still be receiving medical treatment years after the accident if the injury is severe. If the injuries are minor and can be treated in a short time, the lawyer can begin the negotiation process sooner. However, if the recovery process takes longer than expected, the negotiation process could be delayed by months or even years.
• The amount the plaintiff is seeking in compensation: When it comes to personal injury lawsuits with large claims, most defendants may not simply admit their fault and compensate the plaintiff. They may even try to absolve themselves of the obligation to compensate others. This has the potential to extend the length of the lawsuit. 

To receive the full amount of compensation to which they are entitled, injured parties are advised not to rush their cases. It takes time to conduct a thorough investigation, devise a strategy, and build a compelling case against the responsible party.