Addison Personal Injury Lawyers

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• Civil Practice and Remedies Code
• Deceptive Trade Practices Act
• Fair Debt Collection Practices Act
• Insurance Code

• Rules of Civil Procedure
• Rules of Appellate Procedure
• United States Code
• Rules of Evidence
• Northern District of Texas

Determining the validity of your claim requires an evaluation of the circumstances surrounding your injury. If you’ve suffered harm due to another party’s negligence or intentional actions, you might have a valid personal injury claim. Consulting with an experienced Dallas personal injury lawyer can help assess the strength of your case.

A Dallas personal injury claim is initiated by filing with the negligent party’s insurance company. This formal claim serves as notice of your injuries and signifies your intent to seek compensation. Engaging a reputable Dallas personal injury attorney for this process not only demonstrates your commitment but also marks the initial step toward potential settlement negotiations. It is advisable to consult with your lawyer before directly contacting the negligent party’s insurance company.

Given that insurance companies may employ tactics that could be detrimental to your case, such as recording conversations or pressuring you to admit guilt, having legal representation becomes essential. Your Dallas injury lawyer will skillfully negotiate with the insurance company to secure a settlement aligning with your best interests. In cases where a satisfactory agreement cannot be reached, your lawyer may advise initiating a personal injury lawsuit.

When you are preparing for your first meeting with a Dallas personal injury lawyer, it is important to be well-prepared. This meeting is a crucial step in your pursuit of justice and compensation for your injuries. Here’s how you can prepare for the initial consultation:

Questions to Ask Your Personal Injury Attorney

• Will you be the one representing me or another attorney from the firm?
• Are cases handled on a contingency basis? Are there any out-of-pocket costs I am expected to pay?
• What is my role in my representation? How am I expected to contribute?

Next, be prepared to answer questions about and discuss your accident and injuries. This may mean reliving trauma you would prefer to forget. However, your prospective attorney must know the particulars of your accident from your perspective.

What You Might Be Asked About

Personal injuries are based on the theory of negligence. If you were injured as the result of another person’s negligence and suffered damages as a result, you may be entitled to compensation for those damages.

Your Dallas personal injury lawyer must prove the following to establish a negligence claim on your behalf:

Without actual damages, there is no basis for a personal injury claim. An experienced personal injury lawyer will thoroughly examine the facts of your case to determine responsibility for your injuries along with any accident-related damages both current and future.

Texas is a modified comparative fault state or proportionate responsibility state. This means an injured person may recover compensation even if they are partially at fault for an accident.

In a modified comparative fault system, each party to an accident is assigned a percentage of fault for a victim’s injuries. If the victim is found at fault, they must not be more than 51% responsible for their injuries. Any victim bearing more than 51% fault for their injuries is barred from recovery.

If a victim is found less than 51% responsible for their injuries, any monetary damages they are awarded will be reduced by their percentage of fault. For example, a victim who is awarded $100,000 in damages but found 50% at fault for their accident will have their award reduced by $50,000. The victim’s total damages received will be $50,000.

The purpose of Texas’s modified comparative fault law is to prevent injured parties from collecting monetary damages when they bear the majority of the responsibility for their injuries.

Scheduling a consultation is simple. You can through our website or call our office directly at (469) 689-0200. We offer free consultations where we’ll discuss the details of your case, answer your questions, and provide personalized guidance for moving forward with your Dallas car accident claim.

Car accidents can occur in a variety of ways. Given the power and size of these vehicles, we take for granted the impact that a mishandled vehicle could have on our lives. The way in which motor vehicle crashes occur can have an influential impact on the best legal strategy to pursue just compensation.

• Speeding – A driver who exceeds the required speed limit or drives too quickly may lose control of their car. If a collision occurs, the accident at high speeds can potentially result in severe injuries.
• Untimely Weather – Driving in extreme weather conditions requires drivers to take proper care when driving. Drivers are also expected to upkeep routine maintenance to make sure their care is in working order. Reckless driving or negligence to maintain the condition of the vehicle could result in a serious accident.
• Distracted Driving – Driving occurs so much that a motorist might take the difficult nature of maintaining a high-speed vehicle for granted. Distractions, such as cell phones, the radio, or children/other passengers, could potentially take the motorist’s eyes off the road. Even a split second of distracted driving could have serious consequences.
• Reckless Driving – Some drivers are simply reckless and blatantly disregard basic traffic laws. Excess speeding, swerving in and out of lanes, and disobeying traffic signs are all forms of reckless behavior that greatly increase the risk of an accident occurring.
• Driving While Intoxicated – Drugs or alcohol can affect the sensory perception and impair the response speed of a driver. Drunk driving can have devastating consequences.
• Driving Tired – Driving when exhausted can lead to drowsy driving. Sleepy driving affects a driver’s ability to maneuver a vehicle safely and respond actively in an emergency situation.
• Failure To Give Way – When required, drivers must yield to pedestrians and other drivers. Someone who runs a red light and accelerates on a crosswalk may result in an accident.
• Tailgating – Following another car too closely inhibits a driver from slowing down or stopping in order to avoid danger on the road or if traffic ahead comes to a halt.

Vehicular accidents may end up in tragic injuries that have long-term consequences on one’s health, wealth, and future. Some accidents that may occur as a result of a car accident include:

No one chooses to be in a car accident. While some car accidents cannot be avoided, others are preventable. Knowing common car accident scenarios can keep drivers from becoming accident statistics.

A few of the most common car accident types are rear-end collisions, t-bone accidents, and single-car accidents.

• Rear-end collisions. In a rear-end collision, one vehicle collides with the back end of another. The following driver is usually liable for the accident. According to the National Highway Traffic Safety Administration (NHTSA), approximately 29% of all accidents are rear-end collisions;
• T-bone accidents. A T-bone accident may also be called a side-impact collision or a broadside accident. In these accidents, the front end of one car collides with the passenger side of another creating a “T” shape. T-bone accidents generally occur at intersections; and
• Single-car accidents. Single-car accidents only involve one car, but this does not mean the driver is liable for the accident. In most single-car accidents, the car collides with an inanimate object like a tree or a highway structure.

Avoiding Common Car Accidents

Avoid common car accidents by focusing on driving. One of the most deadly activities practiced by drivers today is distracted driving.

Distracted driving is driving while your attention is focused on some other task. The most deadly form of distracted driving is texting.

Other ways drivers are distracted include:

Paying attention to the weather can also prevent accidents. Drivers should know their local forecasts and road conditions.

When roads are wet, drivers need greater stopping distances, and vehicles can hydroplane on wet roads. It is wise to always keep a safe following distance regardless of conditions.

Safe following distances can prevent rear-end accidents in inclement weather, heavy traffic, or in the event of an unforeseen road hazard. Avoiding road hazards is easier when drivers are anticipating sudden stops.

Drivers should always be ready to stop even when they are the only vehicle on the road. Doing so can help to avoid single-car accidents in unanticipated circumstances.

Drivers need to follow all traffic rules and regulations. Speeding is the leading cause of car accidents in Dallas. Speeding is illegal and leaves a driver open to full accident liability even if an accident was only partially their fault.

If your injury was caused by someone else’s negligence, you are entitled to hold the other motorist accountable for their actions. To ensure that you can preserve the claims you can bring against the other driver, be sure to do the following steps:

• Call an Officer to Conduct a Police Report. Serious accidents must be investigated by the authorities. A police report can be a strong piece of evidence that you can use to refute the claims of the other side.
• Gather information of fellow driver/s and witnesses. While the cops might offer to take your information, be sure to still do your due diligence and gather all the contact and insurance information of those involved in the accident so you can follow up as necessary.
• Document the scene. Take photos of the damage and other necessary evidence.
• Seek immediate medical attention. Documentation of your medical state following an accident is a crucial piece of evidence.
• Consider getting an evaluation of your vehicle. By having an examiner look at your vehicle, you will have a sense of how much the accident will cost and how that fits in with your insurance policy.
• Consider reaching out to a Dallas car accident lawyer. A lawyer from the get-go can be crucial to ensure you do not say anything to an insurer or opposing lawyer that might be difficult to retract.

Lawsuits need planning, attention to detail, and adherence to stringent deadlines. In fact, even assessing whether a lawsuit is proper requires a realistic view of your claim. A Dallas auto accident lawyer can provide you with specialized assistance and guidance from experts who have handled hundreds of cases.

Lawyers can assist beyond just determining how to file a legal claim. When you are unsure who to visit after a car crash, our Dallas car accident lawyers can assist you in finding an adequate care provider, preserving evidence, handling insurance calls, assisting in advice for car damage evaluation, and walking you through the claim, settlement, and trial process.

As of the 2020 Census, there were over 1.3 million people living in Dallas. Dallas is the third largest city in Texas and the ninth most populous in the United States.

Sadly, in 2022, Dallas also saw the third-highest number of traffic crashes and the second-highest number of fatalities from crashes in Texas. The 2022 TxDOT motor vehicle accident statistics for Dallas are as follows:

Many of the above auto accidents, injuries, and fatalities were preventable. Thankfully Dallas is taking steps to improve road safety for its residents and visitors.

In June 2022, the Dallas City Council unanimously passed a Vision Zero action plan seeking to eliminate traffic deaths and severe injuries by improving road safety.

The action plan includes at least 40 steps and recommendations for Dallas to reduce auto accident deaths which could cost $30 million. However, Vision Zero could save lives, and improve traffic conditions and road safety for the city’s residents and visitors.

Texas Is A Fault-Based Insurance State

Recovery in motor vehicle crashes depends on state insurance law. Texas is a fault-based insurance state. This means that the party liable for the motor vehicle accident is responsible for any resulting injuries and property loss.

When an at-fault party has car insurance, any damages claim is filed against their car insurance company. Texas requires drivers to carry minimum liability insurance in the event of an accident.

Texas minimum liability coverage is currently set at:

• $30,000 for each injured person;
• Up to $60,000 per accident; and
• $25,000 for property damage per accident.

However, drivers may opt to carry more coverage as this is the lowest coverage available. If car accident injuries exceed an at-fault driver’s coverage, an injured party can personally sue the driver for the difference.

Texas Follows the Modified Comparative Fault Rule

Texas follows the modified comparative fault rule. Under this rule, injured drivers who sue to recover damages exceeding an at-fault driver’s insurance must prove the other driver caused the accident.

If the court finds both parties shared fault for the accident, each is assigned a percentage of that fault up to 100%. Any injured party found 51% or more at fault is barred from monetary recovery.

If an injured party is less than 51% responsible for the accident, any damages award is reduced by their percentage of fault.

For example:

Modified comparative fault prevents drivers who are primarily at fault for accidents from recovering monetary damages from their less liable counterparts.

A liable party may avoid responsibility for severe injuries when the injured party failed to wear a seat belt. Seat belt use is required by Texas law and failure to wear a seat belt can exacerbate accident injuries.

Car accident claims are filed with a liable party’s insurance company. Experienced car accident attorneys file claims on behalf of their clients as well as demand letters for current and future accident-related compensation.

Attorneys thoroughly assess and investigate all aspects of an auto accident to determine a proper demand amount and solidify a client’s claim. While every motor vehicle accident is unique, the following categories of damages are common in all personal injury claims:

• Economic damages. Economic damages are quantifiable expenses and monetary losses evidenced by receipts and bills;
• Non-economic damages. These have undefinable costs and are personal to the victim; and
• Punitive damages. Punitive damages are rare and are meant to punish or set an example of a responsible party not to award a victim. These are court-awarded damages.

Economic Damages

Economic damages include current and future accident-related expenses. They include but are not limited to:

The legal definition of drunk driving in Texas is known as a DWI – Driving while intoxicated. A DWI is defined in Texas as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or higher. The BAC of a driver is typically determined by police officers conducting breath, blood, or urine tests immediately following an arrest and/or crash.

Even if a driver’s BAC is less than 0.08, he or she may still be charged with DWI. A DWI conviction can be charged based on the amount of alcohol, drugs, or both that causes a person to lose normal use of his or her mental or physical faculties.

Impaired driving symptoms officers may point to in the assessment of a drunk driver include:

Furthermore, a person under the age of 21 who drives a motor vehicle on a public highway after consuming any amount of alcohol may be charged.

Under Texas Penal Code §49.04, driving while intoxicated (DWI) is a Class B misdemeanor. The provision states that “a person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.” There are two definitions for those who do or do not submit to chemical testing:

1. Not having normal use of mental or physical faculties due to the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; and
2. Having an alcohol concentration of 0.08 or higher.

In an instant moment, a drunk driving accident can forever alter not only the physical stability of an innocent bystander but also create incredible financial stress. Severe accidents due to the actions of reckless motorists can result in thousands of dollars in medical bills, car repairs, and lost wages. Just compensation for these unplanned accidents are crucial to remain financially viable.

While insurance companies play important roles in our society, the reality is that these companies are still businesses. Insurance companies are known to key in on evidence that gives them the justification to reduce the amount of damages they are required to cover for a claim. An experienced lawyer who understands the intimidation tactics an opposing insurer or a lawyer might use can ensure that a slimy defense does not force into less than what you deserve. A proper of your legal claim is important, even if a lawsuit is not formally brought, because the threat of bringing a personal lawsuit for both economic and non-economic damages is what keeps the defense honest in providing a realistic settlement amount.

Economic damages are intended to compensate victims for bill payments, expenses, and property loss. Examples of economic losses include medical bills, lost wages or inability to earn future income, and vehicle damage.
Non-economic damages are monetary values assigned to non-financial pain and suffering, mental anguish, physical impairment, disfigurement, or the loss of a relationship with your spouse or family members, known as loss of consortium.

In Texas alcohol providers can be held liable for damages caused by overserved, intoxicated patrons. Texas dram shop law states that anyone who is licensed or permitted to serve or sell alcohol can be held responsible if:

1. At the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
2. The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.
3. In situations where an intoxicated minor causes injury or damage, adults over the age of 21 may be held liable for damages under certain circumstances.

However, cases involving dram shop or social host law can be incredibly complex and difficult to win. Even collecting evidence against an establishment may be an uphil battle. However, an experienced attorney can help build a strong case and maximize the compensation for those injured as a result of a business overserving patrons.

The legal term statute of limitations is often the starting point in assessing a personal liability claim. The statute of limitations is the amount of time that a plaintiff has to bring a lawsuit. Not only is this an important deadline, but it also sets up the framework on how much time there is to properly negotiate with the defendant before formal legal action with the courts is sought.

Texas law requires personal injury victims to file a claim within two years of the accident or discovery of a hidden injury. If the two-year time limit has passed, a plaintiff is unable to bring the claim in court, unless a lawyer can determine a legitimate legal reason that would have stopped the timing for the statute of limitations to occur. This “pause” in the statute of limitations is known as “tolling”.

Given the statute of limitations, there are plenty of actions that occur immediately following an accident. Here is a list of actions to follow when a drunk driving accident occurs:

Driving under the influence is a criminal offense in and of itself, but things get even worse when such carelessness causes financial and physical harm to others – as it frequently does.

According to the National Highway Traffic Safety Administration, common instances of distracted driving include the following:

• Auditory and cognitive distractions caused by music or a conversation with a passenger
• Visual distractions caused by looking at mobile device or mirrors
• Manual distractions or unnecessary activities/movements such as eating while driving

Distracted driving is driving while performing another activity which takes your attention away from the main task of driving. It has become one of the main reasons motor vehicle accidents occur in the United States. According to Distraction.gov, 3,179 people were killed and 431,000 were injured in collisions which involved distracted drivers.

The following are the common types of distractions which lead to motor vehicle accidents:

Damages fall into two buckets: economic and non-economic damages. Some of the damages that can be claimed for recovery include:

Over the last three years, our firm has won more than $1.7 million for our clients. Even though no amount of money can compensate for your tragic loss, our Dallas wrongful death attorneys are dedicated to helping you throughout the entire legal process and passionately fight on your behalf.

Common reasons for fatal car accidents that you could pursue financial help for include:

Like most states, Texas places limits on who may file a wrongful death claim. These limits serve to prevent distant relatives from profiting off of a relative’s death and restrict the action only to those who directly suffer damages from the death. In Texas, the following people may follow a wrongful death lawsuit:

If an accident was preventable if only another party had taken reasonable actions, that party is liable for damages in a personal injury claim or wrongful death case. The other driver in a car accident claim is the most common liable party after an accident, but liability could also lie with a negligent road maintenance department or the manufacturer of a defective car part. A Dallas car accident attorney will investigate the circumstances of the accident to identify the liable party. Proving liability requires demonstrating the following:

• That the party at fault owed a duty of care to take reasonable measures to prevent injury or death to others
• They breached this duty by acting with negligence or recklessness
• That the breach of reasonable duty directly caused the injury or death
• That the injury victim or their family suffered significant financial losses as well as pain, suffering, grief, and anguish

Once your Dallas personal injury attorney gathers the evidence to prove liability they’ll draft a compelling demand letter to the appropriate insurance company to gain compensation through a settlement. Only if the insurance company doesn’t offer an acceptable settlement does the case proceed to a civil lawsuit in court.

Texas places a 2-year limit on personal injury and wrongful death lawsuits, including those from car accidents. By filing a claim as soon as you know the extent of your damages, your attorney will have ample time to negotiate a settlement with time left under the state’s statute of limitations to file a lawsuit if required.

Most wrongful death and personal injury claims settle out of court, so it’s unlikely that the grieving family member will have to testify in a courtroom; however, a confident car accident lawyer in Dallas is more than ready to argue the case in court if it’s required to secure an ample jury award for compensation.

When an accident causes serious injuries or death, the family members left behind have the right to file a compensation claim. Surviving family members could recover compensation for the following damages:

Though financial compensation cannot erase emotional damages like grief and anguish, it can relieve financial burdens so those left behind can focus on moving forward from their grief.

A highway accident refers to a motor vehicle collision that takes place on a highway, freeway, or interstate road. Highways are roads that are designed for high-speed travel and high traffic volumes. They generally have multiple lanes traveling in both directions.

Common types of highway accidents include:

Highway accidents can range in severity from minor fender benders to catastrophic multi-vehicle collisions. They can result in life-changing injuries such as broken bones, traumatic brain injuries, soft-tissue injuries, and spinal cord injuries.

Texas consistently ranks among the top states in the country for number of highway accidents. Texas Department of Transportation data for 2022 states the following:

• Traffic accidents took 4,481 lives and caused 18,880 people serious injuries.
• One person was killed in a car accident in Texas every 1 hour 57 minutes.
• Two crashes resulted in six or more fatalities.
• The total rate of highway accidents was 1147.56 per 100 million vehicle miles traveled.
• The highest rate of accidents occurred on Texas’s Farm to Market highways, at 365.62.
• More highway accidents took place in urban areas than in rural areas of Texas.
• Highway accidents were most common on roads with four or more undivided lanes.

Statistically, the most dangerous highways in Texas are state and interstate highways, including I-35, TX-71, US-183/TX-193, and US-290/TX-290.

Almost all highway accidents are preventable. They occur when one or more parties are negligent, or fail to act with proper or reasonable care. A negligent driver, for example, may break traffic laws and pose a risk to other drivers sharing the highway.

Highway accidents can be caused by various factors, including:

Addressing the root causes of highway accidents requires assessing the infrastructure and design of the road, as well as its traffic signals, enforcement of traffic laws, and driver education. Technological improvements in vehicles can also help prevent highway accidents.

A hit-and-run car accident describes a motor vehicle collision in which one or both drivers leave the scene without stopping to render assistance and exchange information, as required by law. A hit-and-run is a crime in Texas.

According to Texas Transportation Code Section 550.021, a driver has the following responsibilities after a car accident:

• Immediately stop the vehicle at the scene of the accident or as close as is practicable.
• Return to the scene without delay if the vehicle was not stopped immediately at the scene.
• Determine if anyone involved in the collision requires aid.
• Provide anyone injured in the collision reasonable assistance, such as transportation to a hospital.
• Remain at the scene of the accident until the required information has been exchanged.

Failing to stop and comply with these requirements is an offense in Texas that can be classified as a misdemeanor or felony, depending on the severity of the crash and the harm caused.

According to a study conducted by the AAA Foundation for Traffic Safety, in the most recent year data is available, Texas had the second-highest number of hit-and-run car accidents in the country behind only California. Texas reported 233 hit-and-runs in 2016, an increase from 179 the year before. By comparison, California reported 337 hit-and-run accidents in 2016.

When a driver in Texas flees the scene of a car accident, it is often an attempt to avoid accountability for causing the crash – especially if the driver was breaking a law at the time, such as driving under the influence. Texas is a fault-based car insurance state, which means the at-fault party is held responsible (liable) for paying for a motor vehicle collision.

If one of the drivers involved in a car accident does not stop at the scene and provide his or her information, the other driver may not have the option of filing a third-party insurance claim. The only option may be a first-party claim or a claim filed with the driver’s car insurance provider.

After a hit-and-run accident, contact your own car insurance company to ask if you have uninsured or underinsured motorist insurance. If so, this type of insurance will pay for your accident as if the hit-and-run driver had remained at the scene but did not have insurance. If you have collision or comprehensive car insurance, this could also help cover your losses.

Intersection accidents tend to result in severe injuries, including:

These injuries can result in significant medical expenses, make it difficult or impossible to work, and negatively impact the quality of your life. An experienced car accident lawyer from Mathias Raphael PLLC Accident & Injury Lawyers can fight to secure maximum compensation after someone else’s carelessness harms you.

An underinsured motorist is a driver who does liability insurance but whose coverage policy limits are not enough to cover the losses incurred by the accident. As opposed to an uninsured motorist, the issue for an underinsured motorist is not whether an insurance plan is in place but rather whether that insurance plan is enough.

Every state has mandated statutory minimum amounts that insurance plans must meet. In Texas, the rule is called the “30/60/25” coverage. According to the Texas Transportation Code §601.072, the minimum amounts of insurance coverage required to establish financial responsibility are:

• $30,000 for bodily injury (per person)
• $60,000 for the total accident
• $25,000 for coverage of property damage

While these amounts are the minimum required as statutorily defined, they are only a starting point. Motorists have the opportunity to increase their coverage by paying a higher premium and most typically do.

For drivers who do choose policies with only minimum coverage, the person who causes the accident may not sufficiently be able to have insurance cover all damages and will be required to pay expenses exceeding coverage out-of-pocket.

A driver may choose to obtain a policy with the bare minimum coverage levels to save money on vehicle insurance costs. However, if you cause an accident, the minimal liability coverage limits may not be sufficient to cover all of the damages. In that situation, you may have to pay for expenditures that exceed your coverage limits out of pocket. Typical examples include:

Some insurance plans will offer coverage in the case that the other driver is uninsured or underinsured. These cases can be complicated as the insurance company will have to pay a large amount if either of these definitions apply.

If the other driver does not have insurance coverage, the uninsured motorist policy under your insurance plan should apply. If the other driver does have insurance but does not have policy limits meeting the damages incurred, the underinsured motorist policy under your insurance plan should apply.

However, these policies do have limitations. For one, if you caused the accident, your insurance may refuse to provide coverage. Another limitation often seen is that the extent of the damage goes beyond the coverage policy limits. As such, these cases can be hotly contested by your insurer.

At Mathias Raphael PLLC Accident & Injury Lawyers, we approach you as a unique individual. We want you to understand the civil legal process and how your case will travel through that process.

Mathias Raphael PLLC Accident & Injury Lawyers will stand up for your rights against any size opponent including the government. Our construction accident attorneys:

• Work tirelessly to ensure you receive the compensation you deserve
• Strive to hold companies and organizations accountable for the injuries they cause
• Have proven results and client testimonials documenting our successful outcomes

Call Mathias Raphael PLLC Accident & Injury Lawyers in Dallas today to discuss your construction accident. You could be entitled to recover for your injuries, pain and suffering, property damage, and more.

The construction accident attorneys at Mathias Raphael PLLC Accident & Injury Lawyers will stand beside you aggressively representing your interests throughout your legal process.

This may include the following and more:

• Collecting evidence and building your accident claim
• Protecting you from insurance company tactics like claim denials and blame shifting
• Establishing the extent of your injuries and prognosis for recovery
• Determining your current and future support needs for accident-related injury compensation
• Representing you in any settlement negotiations
• Taking your case to trial if appropriate

Mathias Raphael PLLC Accident & Injury Lawyers has over twenty years of experience, and there is no charge for your consultation. Contact our Dallas construction accident attorneys today!

When a construction accident occurs, one party or several different parties may be liable for the resulting injuries. A thorough forensic investigation including witness interviews will assist a construction accident attorney in determining liability.

Liable parties may include:

Employers and supervisors may also be liable for construction accidents when they fail to provide safety instructions for assigned duties.

Although construction sites are heavily regulated on both the federal and state levels, some employers choose to ignore these regulations in an attempt to save time and money. This neglect can lead to construction accident injuries.

The most common injuries sustained in construction accidents include:

Construction accident injuries are some of the most serious personal injury accidents and can require repeated surgeries and long-term medical care.

While the amount of compensation for every construction accident injury case will vary, typical monetary damages include:

To learn more about compensation available in your construction accident claim, contact an experienced Dallas construction accident attorney.

The term police brutality refers to the violation of basic human rights by the police force. Police brutality cases have rose to the limelight in recent years, with aggressive police force leading to civilians unjustifiably losing their life. While the police force has certain rights during their course of action, they are not protected from violence that strips away basic human rights and is suggestive of torture mechanisms.

The founding fathers of the United States knew about the exploitation of authoritative figures and specifically granted the people of this country protection from abuse. The U.S. Constitution provides the right to liberty, security, and equal protection under the law that are violated by police brutality.

Specifically, the Fourth Amendment places limits on what can be considered a reasonable search and seizure. Additionally, the Eighth Amendment places restrictions on cruel and unusual punishment which provide for protection from the use of excessive force by the police.

The Civil Rights Act of 1871, 42 U.S.C. §1983 is a federal statute that provides for the people of the United States with the right to bring claims against the government for violations of civil rights. §1983 can applies at against federal authority and can also be used as a claim for authority acting “under the color of” the Act under state or local laws.

• 1983 claims do not always involve violence, but victims of excessive violence by the police force can use the section to assert their claims. A person who violates the protections of the Act who are granted authority by state law are committing a violation as a representative of the State “under cover of” the Act.

The distinction as to whether the individual was acting “under cover of” the State is important to see whether the claim can be brought as a violation of the authority the individual represents. When bringing a claim, the court may look to a variety of considerations to determine whether an officer was acting under the color of state law when they violated someone’s federal rights. Such factors include whether the police:

No individual is above the law, even the police. The use of excessive force by the police deserves a proper investigation that is thorough, independent, impartial, and transparent regardless of the asserted crime against the individual.

According to Amnesty International, police officers around the world have been recording to harm or even murder civilians during their course of duty. In the United States, we cannot tolerate this behavior because we specifically are a country where our government has provided us protections, no matter how intimidating authorities might be to persuade cases from being brought.

If a police authority has instructed you to stay silent, you have even more reason to seek a claim for the obstruction of justice brought by authorities.

Birth injuries refer to a physical injury that occurs during the birthing process of a child. These lawsuits are subset of the medical malpractice area of law. Medical malpractice is a form of negligence when a provider fails to meet the standard of care that an ordinary provider would use in that particular medical situation.

In the case of birth injuries, the common case brought is in regard to what an OB/GYN would use during child birth, either in diagnosis or in actual delivery.

• Brachial palsy. Brachial Palsy occurs when the group of nerves that supplies the arms and hands (brachial plexus) is injured. This injury is most common when there is trouble delivering the baby’s shoulder, (known as shoulder dystocia). The baby loses the ability to flex and rotate the arm.
• Bruising or forceps marks. Some babies may show signs of bruising on the face or head due to the trauma of passing through the birth canal and the contact with the mother’s pelvic bones and tissues.
• Caput succedaneum. Caput is the significant swelling of the soft tissues of the baby’s scalp. This develops as the baby travels through the birth canal. Babies delivered by vacuum extraction are more likely to have this condition.
• Cephalohematoma. An area of bleeding between the skull bone and its fibrous covering. The injury often appears several hours after birth as a raised lump on the baby’s head. If the area of bleeding is large, some babies may develop jaundice as the red blood cells break down.
• Facial paralysis. During labor or birth, pressure on a baby’s face may injure the facial nerve. This may also occur when forceps are used for delivery.
• Fractures. Fracture of the clavicle or collarbone is the most common fracture during labor and delivery. The clavicle may break when there is trouble delivering the baby’s shoulder or during a breech delivery. A baby with a fractured clavicle rarely moves the arm on the side of the break. However, healing occurs quickly.

Unfortunately, not every birth injury is preventable. Every procedure has some level of statistical risk than can occur. As mentioned previously, the standard of care that is used to judge whether or not a lack of carelessness caused an injury is that which a professional would use in the course of that medical procedure.

In the case of child birth, there are a series of tests and exams performed that occurs to determine whether or not the birth of a child could pose harm to the mother and whether there is a probability that the child could be harmed in the process. Birth injury cases can get extremely complicated and may require medical professionals to weigh in on whether the professional standard was met.

Even the most skilled and competent professional is subject to medical malpractice insurance. Often, these cases will go to the medical malpractice insurer who is incentivized to settle the case as quickly and affordable as possible. However, if you took every precaution available in preparation for your child, you must remember that the fault lies somewhere. The incentive is more than just assigning blame – the medical bills and lifestyle costs that your child must now incur to maintain a stable lifestyle need to be covered.

Strict Liability Claims

Tractor and other agricultural or industrial equipment are complex pieces of machinery that require proper manufacturing and quality assurance controls. Unfortunately, some manufacturers may skimp on costs and fail to properly create systems that ensure their machines are properly installer. Even wore, some manufacturers may be aware of a faulty design and fail to properly recall equipment when learning of the safety hazards of their equipment

Lack of proper design, proper manufacturing, and failure to warn (ex/Failing to mention proper risks in the instructions) all fall under a theory of liability known as strict liability. What this means is that the manufacturer of a machine could be found to be liable no matter what their intent was for failing to take proper precautions based on statutory law. When these types of accidents occur, plaintiffs have a strong case if they have the evidence on their side, as the manufacturer has limited defenses it’s able to put up.

Workplace Accidents

Regardless of the industry, heavy equipment accidents are not uncommon. According to the National Safety Council, the primary cause of a farmer’s injuries and death while on the job is due to tractors. Forklift accidents are estimated to account for 400 and 85 wrongful deaths each year. Workplace accidents warrant special considerations because employers are responsible for injuries that occur for employees acting within the scope of work. Proper safety training, routine inspections, and adequate oversight are general standards that employers can institute to prevent injuries from occurring.

Below are some of the more common tractor or equipment overturn accidents that are commonly brought by plaintiffs:

A proper lawyer for defendants will assert any excuse possible to keep their client from paying for a plaintiff’s injuries. For tractors or equipment overturns, the most common defense asserted is that the operator of the machinery used it in a way that led to the injury occurring. The reason that defendants will assert this defense is that even if the victim’s negligence is proven not to be the sole cause of the injury, any proof of negligence on the victim’s behalf can lead to a reduction in recovery. In previous times, contributory negligence could be seen as a complete bar to recovery. In modern times, however, Texas has adopted a “modified” standard of contributory negligence. Plaintiffs will be able to recover if their own negligence was not more than 50% but reduced by the amount their negligence contributed. If more than 50%, then their negligence is a complete bar to recovery.

To prove the negligence of employees, the same factors mentioned above may be pieces of evidence pointed out to by employers. They may show that the employee was properly trained and so there must have been a mistake by the employee if an injury were to happen. They may also point to evidence that their equipment is properly maintained. The legal strategy employed can be an important factor in how your case plays out.

At Mathias Raphael PLLC Accident & Injury Lawyers, our Dallas personal injury lawyers have more than twenty years of experience and a 100% success rate. When we partner with you, we are a force of justice in the fight against dangerous drugs.

Mathias Raphael PLLC Accident & Injury Lawyers strives to achieve the maximum recovery available for you through:

At Mathias Raphael PLLC Accident & Injury Lawyers, we are unafraid to confront large pharmaceutical companies, their distributors, and insurers. Our focus is your overall well-being and recovery now and into the future.

In Texas, drug manufacturers and healthcare providers may escape liability if the warnings they provide consumers are consistent with those on the drug label. However, dangerous drugs may cause unknown, unanticipated side effects and resulting in medical complications.

These may include but are not limited to the following:

It is imperative to seek medical attention in the event of any unusual signs, symptoms, or conditions when using any medication whether or not it is labeled as a dangerous drug.

There are several drugs that are known to cause adverse reactions and complications.

These are the following:

This list is by no means a complete list of dangerous drugs. Speak with a Dallas dangerous drugs attorney for up-to-date information on dangerous pharmaceuticals and over-the-counter drugs.

The action of a provider’s failure to diagnose is a specific type of medical malpractice in which a physician fails to take the necessary steps to determine the nature of a patient’s medical problem. The lack of proper care leads to the physician failing to detect an illness or disease that a professional in the same circumstance would have found.

Medical malpractice is defined as a healthcare professional’s negligence that causes harm to a patient to whom they owe a duty of care. The standard of care that medical professionals must exhibit is higher than those of ordinary people. While physician’s are typically the first providers that come to mind, medical malpractice can apply to nurses, dentists, and other types of providers. A physician’s inability or delay in properly diagnosing a patient is usually referred to as medical misdiagnosis.

Misdiagnoses can take many forms, including:

Medical Malpractice is the area of law referring to the negligence of a medical provider. The failure to diagnosis by a provider is one type of claim for medical malpractice.

1. To prove a medical malpractice claim, the following elements must be proven:
2. The health care provider had a professional relationship with the patient that created a duty of care
3. During the provider’s care, the provider failed to meet the standard of care that a health professional would have been expected to provide
4. The provider’s neglect led to the patient being harmed.
5. The patient suffered demonstrable damages because of the injury, which may include disability, bodily discomfort, mental anguish, suffering, and/or lost income.

A special consideration in the case of medical malpractice cases is whether the hospital can be responsible under a theory of “vicarious liability”. Vicarious liability is a theory in which an employer for the liability of their employees who are negligent in the scope of their work. Many factors go into whether a claim of vicarious liability can be brought but if applicable, these claims offer victims another avenue of potential financial compensation.

At Mathias Raphael PLLC Accident & Injury Lawyers, we have extensive experience helping individuals file premises liability claims after sustaining injury due to accidents, such as slip and falls.

We take the necessary measures to hold the negligent parties accountable for their actions whether the accident occurred in:

• Someone else’s home
• In a retail store
• Or on government-owned grounds

We proudly serve clients throughout Dallas, the surrounding areas, and even Chicago.

Navigate through the information below to find what you need:

• Types of Visitors Who Can Pursue Compensation
• Common Premises Liability Injuries & Accidents
• Proving Fault in a Premises Liability Case

One of the first things that will be established in your case is the type of visitor you were at the time of the incident. Invitees, licensees, and trespassers may all have grounds to pursue compensation, depending on the specific circumstances of the case. See if you fit into the following categories:

Invitee

When you have the consent or permission of the owner of the property to enter the premises, you are considered an invitee. An invitee is typically used as a category for individuals who enter a premises for the purpose of business – such as an individual who comes to a grocery store to spend money.

Both parties benefit from the presence of the individual, and the property owner owes the invitee the highest level of care. This means that the property owner regularly inspects for hazards, warns invitees of potential hazards, and takes care of potential hazards as soon as possible.

Licensee

When you have the consent or permission of the owner of the property to enter the premises (without business involved), you are considered a licensee.

A guest to a property owner’s home is an example of a licensee. While the property owner is expected by law to warn his or her guests about potential hazards on the premises, he or she is not necessarily obligated to inspect or fix these known hazards.

Trespasser

When you enter a property without the permission of the owner, you are considered a trespasser. Although property owners are not responsible to warn undiscovered trespassers of potential dangers on the premises, they are responsible for any “booby traps” that they may have set up.

They are also responsible to warn about extremely hazardous risks on the property through signage or some other way of communication. The type of visitor you were at the time of the incident could affect what compensation you receive. Our firm can listen to your side of the story and fight to make sure your rights as a visitor, regardless of what type, are fought for.