Dallas Personal Injury Lawyers
Seeking Maximum Compensation on Your Behalf
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 today.
On This Page:
- Types of Personal Injury Cases We Handle
- Proving a Personal Injury Claim
- Types of Damages in Personal Injury Claims
- What Questions Should I Ask My Attorney During My Initial Consultation?
- Why Choose Potts Law Firm
Call (214) 238-8572 or contact us online today to schedule a free, no-obligation consultation.
Types of Personal Injury Cases We Handle
At our Dallas office, we assist clients with all types of personal injury claims, including but not limited to cases involving:
- Car accidents
- Auto defects
- Aviation accidents
- Bicycle accidents
- Birth injuries
- Boat and Jet Ski accidents
- Bus accidents
- Catastrophic injuries
- Construction accidents
- Drunk driving accidents
- Industrial accidents
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse
- Oilfield and offshore injuries
- Pedestrian accidents
- Premises liability
- Slip and falls
- Sports injuries
- Truck accidents
- Wrongful death
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 at-fault percentage. 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. For this reason, it is very important that you work with a personal injury lawyer who can not only communicate with the insurance company on your behalf 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 the following types of damages:
- Emergency medical care
- Ambulance and hospital fees
- Surgery and other treatments
- Medical equipment and devices
- 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
- Post-traumatic stress disorder (PTSD)
- In-home assistance/care costs
- Miscellaneous out-of-pocket expenses
In some cases, injured parties or the surviving family members of those wrongfully killed may also pursue exemplary damages. Also known as punitive damages, exemplary damages are awarded in addition to compensatory damages, like those listed above, in cases involving gross negligence, egregious misconduct, or intentional infliction of injury/harm.
What Questions Should I Ask My Dallas Personal Injury Attorney During My 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.
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 RecoveryHear From Our Past Client's
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I highly recommend Adam and Potts Law Firm- Mary H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Why Choose Potts Law Firm
it's all about your best possible resultExplore our past successes
Wrongful Death $800,000
Partner Adam T. Funk 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
Partner Adam T. Funk 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.
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.
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.
Hypoxic-Ischemic Birth Injury $3.5 Million
Partner Adam T. Funk 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.