Personal Injury IT'S ALL ABOUT THE RIGHT CHOICE
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Dallas Personal Injury Lawyers

Over $1 Billion Recovered for Our Clients

When you are injured due to the negligent, reckless, or careless conduct of another, you have the right to take legal action. By filing a personal injury claim, you can seek fair financial compensation for your related damages, such as medical expenses, lost income, pain and suffering, and more.

At Potts Law Firm, we represent victims of serious accidents and traumatic events, as well as the families of those who tragically passed away as a result of someone else’s negligent or wrongful actions.

Our Dallas personal injury lawyers provide highly personalized and compassionate legal counsel, coupled with aggressive advocacy in and out of the courtroom. To date, our firm has recovered more than $1 billion in compensation for our clients. Learn how we can help you fight for the fair recovery you deserve.

Injured? Call Potts Law Firm today at (214) 238-8572 or contact us online to schedule a free, no-obligation consultation with our personal injury attorneys in Dallas.

Types of Personal Injury Cases We Handle

We assist clients with all types of personal injury claims in Dallas, including:

Proving a Personal Injury Claim

As the person bringing the personal injury claim (known as the “plaintiff”), you have the burden of proof. This means that it is on you, not the other party, to prove your case.

You must prove several things to be successful in your personal injury case, including:

  • Injury: First, to have a personal injury case, you must prove that you sustained a physical and/or psychological injury.
  • Damages: You must also prove that you suffered damages, or economic and non-economic losses, related to your injury.
  • Duty of Care: You must prove that the defendant had a legal responsibility to take certain actions to prevent and/or avoid certain actions that could cause foreseeable harm.
  • Breach: You must prove that the defendant breached the duty of care they owed to you, either by acting negligently, wrongfully, or intentionally.
  • Causation: Lastly, you must prove that the defendant’s breach of the duty of care was the direct or proximate cause of your injuries and resulting damages.

Under Texas’s modified comparative negligence rule, you may still file a claim if you were partly at fault for the incident that led to your injuries.

As long as you are not more than 50% at fault, you can seek compensation for your damages. However, the amount you can recover will be reduced by your percentage of fault. So, for example, if you are assigned 25% of the blame, you can only recover up to 75% of the full amount you are seeking in damages.

Insurance adjusters often use the rule of modified comparative negligence to avoid paying out claims in full—or even deny claims altogether. It's important to work with a Dallas personal injury attorney who can not only communicate with the insurance company, but also protect your right to full, fair compensation.

Types of Damages in Personal Injury Claims

Filing a personal injury claim offers you an opportunity to obtain justice for what has happened to you. It also allows you to pursue compensation for certain losses you have experienced as a result of your injury.

Although no amount of financial recovery can ever truly “compensate” you for what you have been through, a just settlement or jury verdict can provide you and your family with the resources needed to heal.

Every case is different, and the exact types of damages you may be able to recover depend on numerous factors, such as the severity of your injury, the amount of insurance coverage available, and your degree of fault (if any).

That being said, many injured individuals are able to seek compensation for:

  • Emergency medical care
  • Ambulance and hospital fees
  • Surgery and other treatments
  • Medications
  • Medical equipment and devices
  • Rehabilitation and physical therapy
  • Future medical care costs
  • Lost income, wages, and employment benefits
  • Loss of earning ability
  • Loss of future earnings
  • Physical and mental pain and suffering
  • Emotional distress
  • Disfigurement
  • Post-traumatic stress disorder (PTSD)
  • In-home assistance/care costs
  • Miscellaneous out-of-pocket expenses

What Questions Should I Ask During an Initial Consultation?

When you have your initial consultation with a prospective personal injury attorney, it's important to ask questions that will help you understand the legal process and your case.

Here are some questions you may want to ask:

  • How long have you been practicing personal injury law?
  • Have you handled cases similar to mine before? If so, what were the outcomes?
  • How long do you think it will take to resolve my case?
  • How much do you think my case is worth?
  • What is your fee structure, and how do you charge for your services?
  • Will you be the attorney working on my case, or will it be passed off to someone else in the firm?
  • Will I be updated on the progress of my case? How frequently?
  • What are the potential risks and benefits of settling versus going to trial?
  • How often do you take cases to trial?

These questions should help you gain a better understanding of your case, your attorney's experience, and the process ahead.

What is the Personal Injury Claims Process in Texas?

The personal injury claim process in Texas is a legal procedure that allows individuals who have been injured due to the negligence of another party to seek compensation for their injuries and losses.

The following is a breakdown of the legal process for personal injury claims in Texas:

  1. Seek Medical Attention: The first and most crucial step in the personal injury claim process is to seek immediate medical attention. Your health should be your top priority, and documenting your injuries is essential for the success of your claim. Be sure to follow your doctor's advice and attend all necessary medical appointments.
  2. Gather Evidence: While the details of your accident are fresh in your memory, it's important to gather as much evidence as possible. This can include photos of the accident scene, witness statements, and any relevant documentation such as police reports or accident reports. All of this evidence will help establish liability and the extent of your injuries.
  3. Consult with an Attorney: Once you have received medical treatment and collected evidence, it's advisable to consult with a personal injury attorney in Texas. An experienced attorney can provide you with guidance on the strength of your case, potential damages, and the best course of action to pursue your claim.
  4. Statute of Limitations: It's important to be aware of the statute of limitations in Texas for personal injury claims. In most cases, you have two years from the date of the injury to file a lawsuit. Missing this deadline could result in the dismissal of your claim, so it's crucial to act promptly.
  5. Investigation: Your attorney will conduct a thorough investigation to determine liability. They will gather evidence, interview witnesses, and may even consult with experts to assess the extent of your injuries and damages. The goal is to build a strong case to support your claim.
  6. Demand Letter: Once the investigation is complete, your attorney will draft a demand letter to the at-fault party's insurance company. This letter outlines the facts of the case, your injuries, and the damages you are seeking. It also includes a settlement demand. The insurance company will respond with a counteroffer, and negotiations may take place.
  7. Settlement Negotiations: Negotiations can be lengthy and may involve several rounds of offers and counteroffers. Your attorney will advocate on your behalf to ensure you receive fair compensation for your injuries and losses. If a fair settlement is reached, you can avoid going to court.
  8. Filing a Lawsuit: If settlement negotiations are unsuccessful or the insurance company refuses to offer a fair settlement, your attorney may advise you to file a lawsuit. The lawsuit will be filed in the appropriate Texas court, and the legal process will begin.
  9. Discovery: During the discovery phase, both parties exchange information, evidence, and documentation related to the case. This includes depositions, written questions, and requests for documents. The goal is to gather as much information as possible to build a strong case.
  10. Mediation: Many personal injury cases in Texas are resolved through mediation. A neutral third-party mediator will facilitate discussions between the parties to try and reach a settlement. Mediation can be a more cost-effective and less adversarial alternative to a trial.
  11. Trial: If mediation fails, the case will proceed to trial. A judge or jury will hear the evidence presented by both sides and make a determination regarding liability and damages. Your attorney will present your case, and the at-fault party's attorney will present their defense.
  12. Verdict and Appeals: After the trial, the judge or jury will render a verdict. If the verdict is in your favor, you will receive a judgment for the awarded damages. The at-fault party may choose to appeal the decision, which can further extend the legal process.
  13. Enforcement: Once you have a judgment in your favor, your attorney will work to enforce the judgment and collect the awarded damages. This may involve garnishing wages, seizing assets, or other legal methods to ensure you receive the compensation you are entitled to.
  14. Settlement or Compensation: If a settlement is reached at any point during the process, or if you win your case at trial, you will receive the compensation awarded for your injuries, medical expenses, lost wages, pain and suffering, and other damages.

What Can a Personal Injury Lawyer Do for You?

Investigate Your Case

One of the primary roles of a personal injury lawyer is to investigate your case. This involves gathering evidence, such as police reports, medical records, and witness statements. They will also speak with experts in the field to get their opinion on the merits of your case. All of this information will be used to build a strong legal argument for you.

Negotiate With Insurance Companies

Another important role of a personal injury lawyer is to negotiate with insurance companies. Insurance companies are often reluctant to pay out large settlements, so it’s important to have an experienced negotiator on your side who can fight for the maximum amount possible. A good personal injury lawyer will understand the ins and outs of insurance law and be able to use this knowledge to get you the compensation you deserve.

Represent You In Court

If negotiations with insurance companies fail, then your personal injury lawyer may need to represent you in court. They will present your case before a judge or jury and make sure that all legal procedures are followed correctly during the trial process. They will also work hard to ensure that your rights are protected throughout the entire process.

Help You Understand Your Rights

Lastly, a Dallas personal injury attorney can help you understand your rights under the law and provide advice on how best to proceed with your case. They can explain complex legal concepts in plain language so that you can make informed decisions about how to move forward with your personal injury case.

Why Choose Potts Law Firm?

At Potts Law Firm, our team of personal injury lawyers in Dallas brings a wealth of experience and many diverse backgrounds to our practice.

This allows us to identify creative solutions and pursue innovative legal strategies tailored to the unique circumstances of each individual case. We know that no two situations are exactly alike. We never use a cookie-cutter approach to resolve cases but, instead, work to understand the unique factors involved in every client’s specific claim.

We genuinely care about the people we serve and treat every client like family.

We want to help you on the path to recovery by providing the advocacy you deserve during this difficult time. We offer completely free consultations and contingency fees. This means that you only pay legal fees if/when we recover a settlement or verdict for you. In the unlikely event that we do not win your case, you do not owe us anything.

Ready to get started on your personal injury case? Learn more, including how our firm can fight for you, by calling (214) 238-8572 today. You can also reach us online using our secure contact form.

it's all about your best possible result

Explore our past successes
  • Wrongful Death $800,000

    Potts Law Firm secured an $800,000 settlement on behalf of a family for the wrongful death of their father. The father of five from Las Vegas, New Mexico was wheelchair-bound.  While visiting his dentist’s office, the father maneuvered his electric wheelchair up a ramp.  The ramp did not have a curb or rails to prevent a fall. Despite being airlifted to a hospital, the father died of his injuries.

  • State of Kansas vs. John Cheek Jury Trial 1st Degree Murder Conviction

    Wyandotte County District Court, 1995. Member of the Prosecution Trial Team which obtained a 1st degree murder conviction of an off-duty police officer.

  • Surgical Negligence $600,000

    Potts Law Firm secured a $600,000 settlement for a young woman who was a victim of New Mexico medical malpractice. The woman underwent gallbladder removal surgery; the most common operation in America.  The surgeon negligently performed the procedure, allowing bile to spill within the woman’s abdominal cavity before closing her incision.

  • Surgical Negligence Confidential Settlement

    Potts Law Firm achieved a settlement for a medical malpractice case on behalf of a minor injured during surgery in Kansas.

  • Failure to Diagnose $825,000

    Derek H. Potts obtained an $825,000 jury verdict in St. Louis against the hospital and doctor for failing to diagnose a hip fracture.  It was appealed to the Missouri Supreme Court which affirmed the verdict, adding interest.

  • Sgroi vs. St. Louis University Hospital Jury Verdict

    Derek H. Potts was appointed Lead Plaintiff's Trial Counsel in the case of Sgroi vs. St. Louis University Hospital, which obtained a verdict due to medical malpractice. Mr. Potts successfully argued the appeal before the Missouri Supreme Court, upholding the verdict.

  • Birth Injury $4.6 Million

    Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.

  • Paraplegic Minor $12 Million

    Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.

  • Callen vs. Heartland 7 Figure Settlement

    Buchanan County Circuit Court, 2006. Lead Plaintiffs’ Counsel which obtained a seven-figure settlement during the trial due to medical malpractice.

  • Hypoxic-Ischemic Birth Injury $3.5 Million

    Potts Law Firm secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.

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