Arlington Personal Injury Lawyer

If you have been the victim of an accident, 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 the 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 to schedule a time to discuss your personal injury case.

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 cases: 

• 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 and 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.

Steps in a Personal Injury Case

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.

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

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-law-suit 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-law-suit steps in case those don’t work out and you end up actually 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 being prevented from seeking accountability down the line.

Consulting with an Arlington Personal Injury Attorney

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. 

Investigating the Details of the Personal Injury and Gathering Evidence

Remember those “pre-law-suit” 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 with the goal of settling 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 during 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 your percentage of fault for the incident is below 51%. This is known as the “fault percentage.” If you can 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 Demand Letter

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 facts of the case and description of the accident
• Explanation of how the other party caused your injuries
• How 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 cost
• 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 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 case 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 case 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 case to trial if necessary, ensuring your interests are fiercely represented.

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.