Personal Injury Attorney - Dallas Tx. 214-748-0226

Telephone:     214-748-0226

Fax:                   214-748-2368

 

6440 North Central Expressway
Suite 601, LB 33
Dallas, Texas 75206

 

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Personal Injury and Wrongful Death FAQ:
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Thomas has the experience to represent individuals who have been seriously injured as a result of other people’s negligence and recklessness. He handles all Personal Injury plaintiff cases. He is also very knowledgeable in representing clients who have been seriously injured in car accidents. Competent legal representation will ensure that perpetrators are held accountable in all instances. It is necessary to have an experienced lawyer in seeking compensation for lost wages, medical bills, rehabilitation and attorney fees.

 

Thomas is very competent and available to help if a loved one losses his life because of another’s act of negligence.

 

To speak to an attorney, call 214-748-0226 or contact us. We offer home and hospital visits.

 

What is a "Personal Injury" Case?
"Personal injury" cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:

 

Formal "Lawsuit" Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the "plaintiff") files a civil "complaint" against another person, business, corporation, or government agency (the "defendant"), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as "filing a lawsuit".

 

Informal Settlement In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money. More about settlements.
(Note: the "middle ground" between a lawsuit and an informal settlement is alternative dispute resolution procedures like mediation and arbitration. Learn more.)

 

Where Are Personal Injury Lawsuits Filed?
Personal injury lawsuits usually fall under the authority (or "jurisdiction") of state courts in the county where the injury occurred, or where those involved (the "parties") in the incident are located. So, if a resident of Los Angeles County is involved in a car accident in Los Angeles, he or she will ordinarily file a personal injury lawsuit in the Superior Court of California, County of Los Angeles. Injury cases in which a relatively low amount of damages is sought (typically a maximum of $2000 to $5000) usually must be filed in a court's "small claims" division.

An exception to the rule of state court jurisdiction arises when parties in a personal injury case live in different states, and the case involves an amount "in controversy" over $75,000. Such a personal injury case may be filed under federal jurisdiction in the federal trial courts (called U.S. District Courts), or the case may be moved there if it was originally filed in a state court. Issues of jurisdiction can be tricky for those unfamiliar with the legal process, but an experienced attorney can sort through any problems that may arise in deciding where to file a lawsuit.

 

Where Are the Laws that Govern Personal Injury Cases?

Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury. (Note: in some types of injury cases, most notably those arising from car accidents in which a state vehicle code section was violated, statutes can be used to help establish fault for an accident or injury.)

 

To understand how pre-existing case law (or "legal precedent") might be used to strengthen an injury case, suppose that you are involved in an accident or are injured, and decide to hire an attorney to protect your legal rights. During settlement negotiations with insurers or opposing counsel, and especially in any legal filings with the court, your attorney will make reference to (or "cite") prior cases in which the courts in your state decided on issues like fault or damages, in ways that are favorable to your position. For example, suppose you have been injured in a "slip and fall" on an uneven sidewalk outside your apartment building. In seeking to prove that the owner of your building is at fault, your attorney might cite a case in which your state's supreme court held that owners of residential buildings have a legal duty to ensure that the premises surrounding the building are properly maintained

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What are the elements of a Wrongful Death Lawsuit?

In order to bring a successful wrongful death cause of action, the following elements must be present:

 

The death of a human being;
Caused by another's negligence, or with intent to cause harm;
The survival of family members who are suffering monetary injury as a result of the death, and;
The appointment of a personal representative for the decedent's estate.


A wrongful death claim may arise out of a number of circumstances, such as in the following situations:


Medical malpractice that results in decedent's death;
Automobile or airplane accident;
Occupational exposure to hazardous conditions or substances;
Criminal behavior;
Death during a supervised activity.

 

Is there any type of survival actions for Personal Injury?

In addition to damages for wrongful death, the distributees may be able to recover damages for personal injury to the decedent. These are called "survival actions," since the personal injury action survives the person who suffered the injury. The decedent's personal representative can bring such an action together with the wrongful death action, for the benefit of the decedent's estate.
In a survival action for a decedent's conscious pain and suffering, the jury may make several inquiries to determine the amount of damages, including: 1) the degree of consciousness; 2) severity of pain; and, 3) apprehension of impending death, along with the duration of such suffering.

 

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Getting HelpIf a loved one has dies after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you may be entitled to bring a legal action for wrongful death against those responsible. Especially in light of time deadlines for filing such a lawsuit, you should contact Greg Thomas at 214-478-0226 as soon as possible, to discuss your legal rights and your potential case.

 

 

Free consultation: To speak to a personal injury lawyer, call 214-748-0226 or contact us. We offer home and hospital visits.

 

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