Personal Injury

Decades of Experience, Client-Focused Service

Established in 1973, our Arlington attorneys have been dedicated to providing effective legal solutions and strong client advocacy across multiple practice areas.

Personal Injury Lawyer in Arlington

If you have been the victim of an accident in Arlington, you need immediate medical care. If the accident was caused by negligence, you require legal representation. Delaying legal action only undermines the value and validity of a personal injury claim. Handling it without the help of a personal injury lawyer ignores your rights and the claim’s complexity.

Acting immediately and hiring an experienced personal injury lawyer at Jackson, Landrith & Kulesz, PC, may entitle you to maximum, not minimum, compensation. You can secure justice in a personal injury claim that holds an inattentive driver or commercial property owner responsible. We are here to help you when you are hurt or mourning the loss of a loved one.

Give us a call today at (817) 587-6452 to schedule a time to discuss your case with our personal injury lawyer in Arlington.

What Do I Need to Know About Personal Injury Claims in Arlington, TX?

At Jackson, Landrith & Kulesz, PC, we handle the following types of personal injury claims:

Car Accidents: Drivers are often distracted by cell phones, construction areas, as well as many other things, which can cause accidents. These drivers must take responsibility for their actions. We can help you get the settlement you need to meet your medical bills, your property damage, and your emotional duress.
Semi-truck Accidents: Truck accidents may be caused by driver fatigue, equipment malfunctions, and excess cargo weight. Due to the size and weight of semi-trucks, they have limited choices to overcome obstacles that can result in serious accidents. Our attorneys can help you evaluate your situation and help you get the compensation you deserve to put your life back in order.
Boat Accidents: Boating accidents are a result of operator inattentiveness, inexperience, or impairment, as well as excessive speed or equipment failure. We can ensure that your rights and needs are addressed and properly compensated.
Slip & Fall Accidents: These accidents occur on someone else’s property, and the owner may be responsible for your injuries. Slip and fall accidents are caused by dangerous conditions such as wet floors, uneven floors, poor lighting, or narrow stairs. Our attorneys can help you get the compensation you deserve when you are injured on someone else’s premises.
Medical Malpractice: Malpractice happens when you suffer due to a bad diagnosis, botched surgery, or other error made by doctors. We can help you recover from the damage caused by medical professionals.

In addition to these claims, it's crucial to understand the nuances specific to each type. For instance, in semi-truck accidents, federal regulations play a significant role, and violations of these can bolster your claim. In boat accidents, maritime laws might apply, requiring a specialized approach. Our team at Jackson, Landrith & Kulesz, PC navigates these unique legal landscapes to optimize your claim’s success in Arlington.

Steps in a Personal Injury Case: What to Expect

Has another person’s negligence or intentional actions caused your injuries? Are you no longer able to work due to injury? Are medical bills beginning to pile up? Did the accident cause the death of a loved one, leaving you in mental anguish and responsible for the funeral expenses? You may begin to wonder how you will be able to pay for all of this. An even scarier thought: “Who can I trust to fight for me and recover these costs on my behalf?”

You will want to consult with a personal injury lawyer to help you recover the damages you have incurred. There are many steps in this process, and you don’t have to go it alone. A personal injury lawyer will walk you through everything, but below are the basics and explanations of how it all works.

The process begins with a thorough evaluation of the viable legal grounds for your claim. Our team will meticulously assess the incident reports, gather evidence, and consult with medical and accident reconstruction experts when necessary. This phase is crucial; a strong foundation often determines the robustness of your claim.

How Much Time Do I Have to File My Personal Injury Claim in Texas?

Texas state law requires that you file a personal injury claim within two years of the incident date. The lawsuit must be filed in a Texas civil court where the incident happened or where the defendant currently resides. Of course, as with almost any law, there are some exceptions, and your attorney can look into the specific Texas statute to make sure you’re following the timeline.

You’ll want to keep in mind that this two-year rule doesn’t give you extra time to do all the pre-lawsuit things that you or your attorney will need to do before filing the case. This means that you need to give yourself plenty of breathing room to take the pre-lawsuit steps in case those don’t work out and you end up needing to file your claim in court. The goal is to avoid this and get you a settlement before court proceedings, but settlements do not always happen. It may be hard to imagine dealing with paperwork and a lawyer so quickly after an incident, but keeping this timeframe in mind will help you avoid stress and prevent seeking accountability down the line.

Understanding the urgency of filing is crucial. There are statutory exceptions that could extend or reduce this timeline. For instance, if the injured party was a minor or mentally incapacitated at the time of the accident, different rules may apply. In cases involving government entities, shorter deadlines must be considered. Engaging a knowledgeable attorney early ensures compliance with these nuanced statutes and safeguards your claim’s integrity.

Consulting with an Arlington Personal Injury Attorney: What to Bring

An initial consultation with a personal injury lawyer usually takes anywhere between 30-60 minutes, though some meetings may go longer. For this consultation, you will want to bring any documents that support your case — medical records, police reports, pictures, videos, text messages, etc. These supporting documents are reviewed by the attorney and their support staff and will help determine if the firm can represent you and what type of case you may have. Also, during the initial consultation, you will have the opportunity to tell your story of the accident and let them know what you are hoping to get out of this process.

It may be the least fun part, but one of the most important aspects of an initial consultation, which cannot be stressed enough, is the discussion on how the attorney will be paid. No lawyer wants anyone to be confused or surprised, and they are not there to trick you during this stage.

Typically, a personal injury lawyer will work on a contingency-based fee. This means the attorney will take a percentage of your settlement or award payout (usually between 25-40%). Contingency-based representation is typically best for the client because it provides necessary mental, physical, and financial peace during a very difficult time and avoids the need to keep track of periodic payments.

During the consultation, your attorney will also assess the strengths and weaknesses of your claim. They may provide initial insights into strategies, potential hurdles, and realistic outcomes. This is the phase where trust and communication are established between you and your attorney, laying the groundwork for a collaborative partnership toward achieving your legal goals.

Investigating the Details of the Personal Injury and Gathering Evidence

Remember those “pre-lawsuit” steps we discussed earlier? These first steps are often the most important to make an impression on the other party and can have a huge impact on the direction your case will go. These steps include an initial investigation of your case, gathering evidence, and creating a demand package that will show the other side how serious you are and what you are looking to achieve.

It is always necessary for the attorney and their staff to first investigate the details of your case and gather evidence to settle your dispute outside of a courtroom. This will ultimately save everyone time and money and better guide your lawyer’s decisions.

During the investigation period, your attorney will follow up with people involved in the incident and speak to eyewitnesses. The attorney may also follow up with law enforcement, medical providers, and insurance companies to obtain any documents relevant to support your case.

The purpose of the investigation is to establish what, if any, percentage of fault each party has contributed to the incident. Once the attorney can establish a percentage of responsibility, it becomes clearer what the attorney can request in damages on your behalf.

Once the investigation period is complete, the attorney will use all relevant information to put together a demand package to send to the opposing party. On a legal note: In Texas, a plaintiff is eligible to recover damages only if their percentage of fault for the incident is below 51%. This is known as the “fault percentage.” If you are over 50% at fault, settling your dispute outside of court may be in your best interest. This is because of the rule that being over half-responsible in the incident may prevent you from recovering anything at trial, once again making the demand package very important.

The investigation is thorough and methodical, as it often involves the expertise of accident reconstruction specialists and forensics experts who can provide reliable insights into how the accident occurred. This evidence is crucial in negotiating settlements, as it demonstrates the strength and validity of your claim to insurance companies and opposing parties. Such comprehensive fact-gathering demonstrates seriousness in litigation and often leads to favorable pre-trial settlements.

The Demand Letter in a Personal Injury Claim

A demand letter is a tool used to reach out to the defendant and come to a settlement agreement before going to trial. Settlement agreements are binding contracts that end the claims process and any chance of going to trial. You should always check with your personal injury lawyer before signing a settlement agreement; this ensures that you receive the compensation you’re entitled to.

What goes into a demand letter package? Generally:

A summary of the facts of the case and a description of the accident
Explanation of how the other party caused your injuries
How do the facts of your case support the legal cause of action for liability
Description of your injuries and the medical treatment you received
Statement of how your daily life has been impacted by the accident
A detailed account of all medical expenses, including out-of-pocket costs
All relevant documents that support your claim, proving your damages
A description or summary of the pain and suffering you are experiencing
A demand for a specific dollar amount and/or any other requested actions

The demand letter is important because it alerts the at-fault party that you are willing to negotiate an equitable settlement without going to trial. Texas state law requires insurance companies to acknowledge a claim or demand letter within 15 days of receipt. This does not automatically mean your lawsuit will be settled in that time frame – it simply means they must alert you that they are aware of your letter.

The art of crafting a demand letter lies in its persuasive power and legal grounding. Lawyers typically include expert evaluations, detailed injury assessments, and a strategic breakdown of the financial implications of your injuries. These demand letters are not just formalities; they are pivotal in setting the tone for negotiations, highlighting the strength of your case, and compelling a fair settlement offer.

The at-fault party can respond by accepting or denying your demand or making a counteroffer. Your attorney will review the response to your demand letter. The personal injury lawyer will then discuss your legal options moving forward; this may include going to trial, where you will have another chance to come to a settlement agreement.

The Importance of Legal Representation in Arlington

When facing the aftermath of an injury, navigating the complexities of the legal system can be overwhelming. That’s why having knowledgeable legal representation is crucial. At Jackson, Landrith & Kulesz, we believe that understanding your rights is the first step in pursuing a successful personal injury claim. Our experienced attorneys are dedicated to ensuring that you are fully informed and supported throughout the entire process.

Here’s why having an attorney by your side can make a significant difference:

Expert Guidance: Our attorneys have extensive knowledge of personal injury laws in Texas, allowing us to guide you through every step of your claim with confidence.
Maximizing Compensation: We know how to effectively negotiate with insurance companies to ensure you receive the compensation you deserve for medical expenses, lost wages, and pain and suffering.
Reducing Stress: Handling legal matters can be stressful, especially when you’re recovering from an injury. We take on the legal burden so you can focus on healing.
Personalized Attention: Every claim is unique. We provide tailored legal strategies that align with your specific circumstances and needs.
Trial Experience: While most cases settle out of court, our attorneys are fully prepared to take your claim to trial if necessary, ensuring your interests are fiercely represented.

In addition to these benefits, having an attorney ensures that all your documentation is accurately and timely filed, preventing any procedural errors that could jeopardize your claim. An attorney serves not just as an advocate but also as a strategist, using their experience to anticipate challenges and proactively address them, giving your claim the highest possible chance of success.

Don't navigate this challenging time alone. Contact Jackson, Landrith & Kulesz today to discuss your case with our Arlington personal injury attorneys and learn more about how we can assist you in securing the justice you deserve.

Texas Personal Injury Laws & What They Mean for You

Understanding the legal framework within which personal injury claims operate in Texas is fundamental to effectively pursuing compensation. Texas follows the doctrine of modified comparative negligence, meaning that your compensation could be reduced if you were partially at fault for the incident. An important aspect of this rule is that you can only recover damages if you're found to be less than 51% responsible for the accident. This rule significantly impacts settlements and litigation strategies, necessitating experienced legal counsel to help navigate these complexities.

Another critical law in Texas is the “Statute of Limitations,” which mandates that personal injury claims must be filed within two years from the date of the accident. This strict timeline requires prompt action and thorough preparation of the claim's foundational elements. Attorneys play a vital role in ensuring that these legal constraints are adhered to meticulously, safeguarding the integrity and viability of your claim. Local nuances, such as specific regulations concerning different types of accidents, also play a role, especially in areas with high traffic or commercial activity like Arlington.

Understanding Insurance Companies in Personal Injury Claims

Insurance companies are for-profit entities that work hard to protect their bottom line. While their role is to provide coverage for accidents, they often seek to minimize payouts by challenging claims, disputing liability, and employing a team of adjusters and attorneys. Understanding their tactics is crucial for anyone pursuing a personal injury claim. For instance, an adjuster may offer a quick settlement to resolve the claim promptly, which might not fully compensate you for your injuries and losses.

Navigating negotiations involves skillful communication and an in-depth understanding of insurance regulations. Armed with legal representation, claimants can counter low settlement offers and refute misleading liability assessments. Attorneys know how to compile compelling evidence, articulate the claim's value, and leverage negotiation strategies to ensure that the compensation fully reflects the extent of damages incurred. At Jackson, Landrith & Kulesz, PC, we understand these dynamics, working tirelessly to turn the scales of negotiation in favor of our clients.

Dealing with Emotional and Psychological Impact After an Accident

Accidents not only lead to physical injuries but can also have profound emotional and psychological repercussions. Victims might experience anxiety, depression, or even PTSD, hindering their ability to return to normal life swiftly. Dealing with these invisible injuries is as critical as treating physical ailments. Acknowledging and addressing emotional trauma is vital for comprehensive recovery, impacting the process of personal injury claims as well.

Recognizing these elements, personal injury claims can incorporate compensation for emotional distress, encompassing therapy costs and related treatments. Holistic legal strategies consider these factors, aiming to provide full restitutive justice. Lawyers work in conjunction with mental health professionals to document the psychological impact of an accident meticulously, ensuring that it receives appropriate weight during negotiations or trial. Our compassionate approach at Jackson, Landrith & Kulesz, PC, underscores the significance of addressing all facets of injury, crafting claims that encapsulate the entire spectrum of a victim's loss, and aiding in their journey toward complete recovery.

Filing a Personal Injury Lawsuit in Arlington

If the initial pre-lawsuit stage did not result in a settlement, Texas law allows an injured party to file a lawsuit within two years from the date of the incident. The first step your personal injury lawyer will take is filing a summons and complaint against the at-fault party who, in most cases, has 21 days to respond. The complaint will include how the facts of your case lead to a legal cause of action. After filing your lawsuit in state trial court, also known as a district court in Texas, the discovery phase comes next.

The decision to file a lawsuit is strategic, meant to leverage the legal system to fully explore and establish the merits of your claim. By advancing to this stage, you show the readiness to pursue justice fully, compelling the opposing party to seriously consider the ramifications of continued litigation versus a negotiated settlement.

The Discovery Process in Texas Personal Injury Lawsuits

The discovery process can be thought of as both parties gathering all the necessary information before going to trial. This may include speaking to witnesses, conducting depositions, and consulting experts who can testify on your behalf. The primary goal of the discovery process is to encourage once again a settlement agreement rather than going to trial. The discovery process can be extremely lengthy, taking months, if not years, before even going to trial. It is worth mentioning that your personal injury lawyer will continue to negotiate a settlement, if possible, during the time it takes to go to trial. There is always mediation if the discovery process does not lead to a settlement agreement.

During discovery, each side is obligated to share evidence related to the case, which can often lead to further clarity about the strengths and weaknesses of each position. This transparency is a powerful driver for settlements, as parties may reassess their willingness to risk the uncertainties of a trial versus negotiating a settlement.

Mediation as a Path to Resolution

If you cannot come to a settlement agreement after the discovery process, a judge may order what is called a mediation hearing. A mediator does not rule on your case, nor do they have the authority of a judge. A mediator acts as a neutral facilitator of communication between the parties to reach a settlement agreement. Mediation is usually informal and can be a cost- and time-efficient alternative to trial. Mediation is primarily used to help each party clearly understand their practical and legal choices and hear each other out.

Mediation offers both parties an opportunity to express their positions with an understanding of their legal realities, often leading to creative settlement solutions that a court might not be able to offer. It's interactive and collaborative, often resulting in mutually agreeable resolutions without the formality and unpredictability of a trial.

What to Expect When Going to Trial in Arlington

If both parties still have not reached a settlement, your last option is to go to trial. The trial process for personal injury claims in a district court of Texas will usually look like this:

Set the Trial Date: The judge assigned to your case will set a date for trial. This may change based on several reasons of the court or judge;
Jury Selection: this only occurs if one or both parties demand a jury trial which the presiding judge must grant;
Opening Statements: Both the Plaintiff and Defendant outline the facts or their case to the judge or jury if one had been selected;
Present Evidence: Both parties support their case by bringing evidence that proves their case. In many cases, this includes expert witness testimony, photos, videos, reports, and the like;
Closing Arguments: Plaintiff and Defendant have the opportunity to summarize their case. During this time, both sides argue why a judge or jury should rule in their favor;
The Verdict Issued: A judge or jury announces their decision in favor of Plaintiff or Defendant;
Damages Awarded: If a judge or jury has ruled in favor of the plaintiff, damages (monetary compensation) will be awarded. These damages are to be paid by the defendant to the plaintiff as a court order.

The trial phase, though daunting, allows for a comprehensive presentation of evidence and compelling arguments before a judge or jury. This stage offers the plaintiff their day in court, where a fair assessment of all aspects of the claim can lead to a just resolution, backed by the authority of the court’s decision.

Understanding the Appeals Process in Texas

Both the plaintiff and the defendant have the ability to appeal whatever the outcome of the court case is. Your attorney may or may not be able to help with this process as well, but they will surely let you know what to expect after the trial is over and how things might proceed moving forward. Suppose the court rules in favor of the plaintiff and awards a dollar amount in compensation. In that case, the defendant may choose to pay the judgment or hold off on making any payments and go for an appeal, once again delaying the time it will take to resolve the case. In Texas, appealing to a higher court must be done within 30 days of the judge or jury’s decision; the same goes for both the plaintiff and the defendant.

Pursuing an appeal is complex and requires an understanding of appellate procedures, which can challenge the legal basis of a trial decision. An appeal can address perceived errors in the trial process, providing a mechanism to re-evaluate the outcomes in a higher court, with the potential for reversal or modification of the original judgment.

As you can see, getting to this stage is not the most ideal situation for either party. Finding an attorney who will work hard at the beginning stages and create a solid demand package is very important to get an injured party the resolution and closure they need.

Our personal injury lawyers in Arlington have years of experience helping our clients with their personal injury claims. Contact us today at (817) 587-6452 for a consultation to understand how we can help you.

Frequently Asked Questions About Personal Injury Claims in Arlington

What Should I Do Immediately After an Accident?

After an accident, prioritize your safety and health. If you're able, move to a safe location and call 911 to report the accident and request medical assistance. Even if injuries aren't apparent, a medical evaluation is essential, as some symptoms may appear later. Once safe, document the accident by taking photos of the scene, injuries, and any property damage. Collect contact details of witnesses and other parties involved. It's crucial not to admit fault or engage in unnecessary discussions about the incident. As soon as possible, contact a personal injury attorney to guide you through the next steps.

How Is the Value of My Personal Injury Claim Determined?

The value of a personal injury claim is influenced by several factors, including the severity of the injury, medical expenses incurred, future medical needs, and lost wages due to the inability to work. Pain and suffering, emotional distress, and the impact on your quality of life also contribute to the claim's value. Lawyers use various methods to calculate appropriate compensation, often involving the analysis of medical records, expert opinions, and wage statements. Engaging a knowledgeable attorney ensures a comprehensive evaluation of your claim, safeguarding your right to fair compensation.

Can I Handle a Personal Injury Claim on My Own?

While it's possible to handle a personal injury claim on your own, it's not advisable, especially with complex cases. Insurance companies may take advantage of a claimant unfamiliar with legal procedures and compensation valuations, offering settlements far lower than deserved. An attorney is crucial in managing legal formalities, collecting evidence, negotiating with insurers, and ensuring that all statutory requirements and deadlines are met. With legal representation, claimants can focus on recovery while their rights and interests are fiercely advocated for.

What Happens If the At-Fault Party Is Uninsured?

Being involved in an accident with an uninsured driver can complicate a personal injury claim. However, if you have uninsured motorist coverage, you might be able to claim compensation through your insurance policy. Additionally, a skilled attorney might explore other potential sources of compensation, such as the personal assets of the at-fault party or alternative insurance policies that might apply. Navigating these complex scenarios requires expert legal counsel to pursue all viable avenues for recovery.

How Long Does It Typically Take to Resolve a Personal Injury Claim?

The duration to resolve a personal injury claim varies, with settlements outside of court typically taking less time than those going to trial. Some claims might settle within a few months if liability is clear and the insurance company cooperates, while others could take years, especially if they are complex or if a trial is necessary. Having a proficient legal team aids in expediting the process through effective negotiation and strategic planning, ensuring the timely pursuit of justice and compensation.

Why Should I Choose Jackson, Landrith & Kulesz, PC for My Personal Injury Case?

We provide personalized and compassionate representation while dedicating our resources to complex personal injury claims. We start by conducting a thorough investigation of the events that led up to the accident and the accident site itself. We get to the facts regarding negligent actions or inactions with the help of experts. You can expect us to keep you informed as the claim progresses, and you can reach a member of our legal team almost any time. We want to help you get the settlement you deserve.

By choosing Jackson, Landrith & Kulesz, PC, you're enlisting a team that values integrity and transparency. Our clients benefit from a holistic approach that not only addresses their legal needs but also considers the emotional and financial impacts of their injuries. The firm's philosophy centers on advocacy that is both aggressive and compassionate, ensuring that while we fight tenaciously for your rights, we also provide support and guidance through every step of the legal journey. Our dedication to client service means that forming a partnership with us involves understanding your story, your needs, and ultimately achieving the resolution you need to move forward.

If you have been victimized by negligence that resulted in serious injury to you or the wrongful death of a beloved family member and primary wage earner, select an experienced personal injury attorney in Arlington that will advocate for you. Call our office at (817) 587-6452 to speak to one of our attorneys.

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At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.
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We have the highest accolades for ethical standings, have earned the AV Preeminent recognition from Martindale-Hubbell, and David Kulesz has been recognized by Super Lawyers, a Thomson Reuters rating service, since 2005. However, our customer-focused approach transcends the board-certified lawyers at our firm.