Arlington Texas Personal Injury Lawyers

Accidents are ranked as the third leading cause of death in Texas, and their occurrence may decrease a person’s quality of life and increase their living expenses. Arlington accident attorneys at the Cooper Law Firm will fight for client rights to compensation for injuries and property damage loss utilizing Texas State laws that support reparation to accident victims. Arlington Texas personal injury attorneys are familiar with abrupt approaches from insurance adjusters who have a desire to close out claims before an accident victim has time to assess the total impacts to their well-being. It is important to contact legal counsel shortly after an accident to determine a case-focused approach to address losses from a mishap in Arlington Texas.

Consulting with an Arlington Texas Personal Injury Lawyer immediately following an injury is essential to the preservation of crucial evidence and witness testimony.

Accident Attorneys in Arlington TX will build a case by:

sending investigators to the scene,
reviewing police, witness, and medical reports,
hiring financial experts for loss valuation,
assessing cause of the accident, and
drafting and filing complicated insurance and legal documents.

Statute of limitations.

After an accident in Arlington, it is important for victims to understand they have a limited time to take legal action against negligent parties. The Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death. Government entities require a shorter filing time at 180 days for tort claims and cap damages depending upon the government unit involved. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident.

Damages.

Personal injury lawyers in Arlington Texas will explain how loss valuations determine the compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or companionship. Exemplary (punitive) damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired. Punitive damages must be sought in a separate case, after compensatory damages have been awarded are Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000.

Motor vehicle accident in Arlington TX.

Texas accident data revealed 6,819 crashes in 2020 with 619 of those crashes involving driving under the influence of alcohol, or drugs. It is best to consult with an Arlington TX accident lawyer at Cooper Law Firm shortly after an accident occurs to ascertain possible necessary action that may be taken to protect individuals, or their loved ones from devastating lingering effects associated with bodily injury, property loss, and wrongful death.

Texas is a “fault state” and the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% responsible, or more for the accident, there will be no recoverable compensation. When claim fault cannot be resolved between insured parties, a court action will enable a judge, or jury to decide assigned fault. Auto accident attorneys in Arlington TX can help with fault disputes over insurance requirements. Drivers are required to file accident reports with Texas Department of Motor Vehicles within 10 days of an accident when the accident resulted in fatality, injury, or property damage of $1,000 or more.

Personal Injury Lawyers In Arlington Texas.

When individuals are injured due to the action, or inaction of another person, they may be able to recover compensation when fault and/or liability can be proven for the resultant harm. The statute of limitations for personal injury cases in Arlington Texas allows two years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. An Arlington Texas personal injury attorney can apprise individuals of any deviations from that timeline and advise accident victims on plausible damage recovery.

Premise liability Lawyers In Arlington Texas.

Arlington accident attorneys can help victims take legal action if an injury was caused by poor property conditions, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Consultation with an accident lawyer may discover if Homeowners’ insurance will cover damages when a proper claim is filed.

Medical malpractice In Arlington Texas.

Texas medical malpractice actions occur when a person is injured while under the care of a licensed medical professional. Legal action must be filed within the two year statute for injury, but victims should always check with a medical malpractice attorney in Arington Texas to ascertain if there are deviations from that timeline. Punitive damages are capped at either two times the amount of compensatory damages plus the non-economic damages found by a jury not to exceed $750,000, or $200,000, whichever is greater.

Workers’ compensation Law Firm in Arlington TX.

When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of a workers’ compensation attorney in Arlington Texas who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. Legal counsel can act as an intermediary with the Texas Workers’ Compensation Claims Division on a client’s behalf.

Wrongful Death Lawyers in Arlington TX.

Family members, or legal representatives must file a wrongful death legal action within two years and a Texas wrongful death attorney in Arlington can assist with damage valuations and timelines relevant to each case. Compensation may cover medical expenses, funeral and burial expenses, lost wages, pain and suffering, and punitive damages.

Accident victims should take steps to minimize additional stress by hiring an Arlington TX accident lawyer at the Cooper Law Firm who can objectively speak on their behalf in a courtroom, and work toward damage recovery.

Cooper Law Firm
N. Eric Cooper
Address: Arlington, TX

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/docs/TN/htm/TN.550.htm

https://www.txdot.gov/inside-txdot/division/traffic/law-enforcement/crash-records.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://www.tdi.texas.gov/wc/index.html

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

Arlington Texas Accident Lawyers

Can accident attorneys help with damage recovery after a pool mishap in Arlington Texas?

In Texas, there are many times when injuries result around swimming pools because of the carelessness and recklessness of swimmers, but other times individuals are injured while behaving with care because of negligence. If the owner of the pool, or management of the property does not adhere to proper swimming pool safety protocols, they may be liable for the incident. When a person is injured because of another’s careless acts, they may seek financial compensation from the party, or entity they believe to be at fault for their swimming pool accident. An Accident lawyer in Arlington can help you determine if you need to sue for economic and non-economic damages after a swimming pool accident leads to debilitating injury, but you must prove a few things first regarding degrees of fault and the pool owner’s responsibility to maintain safety precautions. Talk to experienced personal injury attorneys in Arlington Texas at Cooper Law Firm who can calm any concerns you may have about seeking compensation for damages incurred that insurance will not pay.

Dangers of swimming pools.

Swimming pools and sliding boards sound like a lot of fun, until someone has an accident that leaves them with a residual lifelong physical, or mental deficit due to a catastrophic physical injury such as head trauma, or spine damage. Pool owners may be responsible for unsafe circumstances, including a lack of supervision by certified and trained lifeguards.

Traumatic brain injury. A traumatic brain injury can occur when a swimmer hits their head, but they may not even appear to be injured at that time. The Centers for Disease Control (CDC) defines a traumatic brain injury (TBI) as a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury. Everyone is at risk for a TBI, especially children and older adults. If someone hits their head in a pool accident, all precautions to have them checked out must be undertaken.

Spine injury. Spine injury may occur from diving into shallow waters. The CDC recommends swimmers become familiar with pool safety and one of the named precautions is to never dive in shallow water, entry to swimming pools should be made using feet first. If a person injures their spine after diving into the water and jolting their back in some off fashion resulting in a dull sensation, or tingling of the limbs, they should immediately seek medical attention, and even if they have no symptoms they should be check out by medical personnel.

Premise’s liability.

Under a premise’s liability claim, homeowners who have pools can be liable for damages when someone has been invited to their home and suffers an injury. No matter where the swimming pool is located, a homeowner, or the owner, or manager of the pool assumes responsibility for guests who use the pool. For example, a property owner, or pool operator can be found liable for failing to provide a safe environment for people at the pool, or failing to monitor the swimmers. When it comes to public pools in particular, federal law requires that public pools meet minimum safety standards, including maintaining safe drains and drainage systems in order to prevent drain entrapment and drowning. Additionally, homeowners are advised on conditions that should be maintained for optimal pool safety in Texas, and if they are breached by owner failure, the owner may be liable.

Products liability.

Manufacturers of pools and pool equipment including diving boards and slides; installers of pool equipment; and/or pool repair companies can also be found liable for injuries if the pool materials or equipment were defective, poorly-designed, or improperly installed in a products liability cause of action.

Insurance recovery.

If the responsible party had actual knowledge of a dangerous situation at a swimming pool, they are accountable, and knowledge can be proven by showing that the dangerous condition existed for a prolonged amount of time to cause the injury and that its dangers were a well-known problem. In the State of Texas, the courts award both punitive damages and/or compensatory damages.

Liability and damage recovery.

Liability and negligence will have to be proven by the injured party. The following types of damages can be pursued in a swimming pool accident claim: 1) medical expenses, 2) loss of earning capacity, 3) pain and suffering, 4) emotional distress, 5) loss of enjoyment of life, and 6) loss of consortium. In some cases punitive damages can be awarded if the actions that led to the injury were extremely careless.

Burden of proof.

In order to prove liability there have to a: 1) a duty of care, 2) a breach of that duty, 3) causation whereby breach of duty caused injury, and 4) measurable damages resulting from the accident. Proving that the defendant was liable for your injuries may be enough to get your medical bills reimbursed, but it is not enough to prove a case for punitive damages. Punitive damages are only awarded in Texas when the defendant has been malicious, reckless, and/or negligent in their behavior.

Hire an attorney.

If you or a loved one has been injured in a swimming pool accident, knowledgeable personal injury lawyers in Arlington can review your case and utilize tort laws that support legal action for any injury resulting from swimming pool dangers that were out of your control. Arlington Texas accident lawyers at the Cooper Law Firm can objectively speak on an Arlington swimming pool accident victim’s behalf in a courtroom, and work toward damage recovery.