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Accidents can have a major impact on your life, causing not only physical suffering, but financial difficulties as well. The aftermath of an accident can be confusing as you attempt to recover while also trying to consider your potential options for pursuing the compensation you may be entitled to.
If you or a loved one has been injured in an accident in Fort Worth, call the experienced personal injury attorneys at Zinda Law Group at (800) 863-5312 for a free consultation. If we don’t win your case, you will not owe us anything.
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For a free legal consultation with a personal injury lawyer serving Fort Worth, call 800-863-5312
Car Accidents
Roadways can be dangerous places, and negligent behavior by motorists can often lead to serious accidents. Negligent behavior, such as driving while distracted, driving while intoxicated, drowsy driving, and speeding, may cause an accident.
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Truck Accidents
Truck accidents can be especially dangerous, often resulting in serious injuries or even death. Truck drivers may be attempting to drive too far with too little rest, as trucking companies attempt to deliver goods as fast as possible over long distances. Fatigued drivers pose a serious risk to other drivers on the road, as they may be unable to pay proper attention to the road and the vehicles around them.
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Motorcycle/Scooter Accidents
Motorcycle and scooter accidents can result in serious injuries for their drivers, as these vehicles are largely unprotected during an accident. Drivers who are not paying attention because they are distracted or tired may fail to notice such vehicles, and this inattentiveness can lead to an accident.
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Bicycle Accidents
Cyclists are likely to be seriously injured in the event of an accident involving a motor vehicle, as bicycles do not offer any protection for their rider. Motor vehicle drivers must share the road with cyclists and generally treat them as they would other motor vehicles while taking care to avoid a collision. However, motorists may fail to take proper notice of cyclists or may fail to keep an appropriate distance, causing a bicycle accident.
Pedestrian Accidents
Motorists must always be aware of pedestrians to avoid an accident. Pedestrians are especially vulnerable, as they have nothing to protect them in the event of an impact with a vehicle. Pedestrians hit by a motor vehicle may suffer serious injuries and possibly death.
Slip and Fall Accidents
Business owners have an obligation to ensure that their premises are safe and to take certain precautions to prevent accidents. Slip and fall accidents are a common accident that may be the result of negligence, such as a spill that was not addressed within a reasonable amount of time. These accidents are a frequent occurrence and may result in serious injuries, such as broken bones and neck or spinal injuries.
Dog Bites
Dog owners have a responsibility to prevent their pets from harming others, especially pets that have violent tendencies. Many areas have leash laws that set standards for how a dog owner must act to prevent such accidents. Failing to abide by these laws can mean the owner may be liable if the dog bites someone.
Workplace Accidents
The workplace is often fraught with hazards, especially when heavy machinery or working from heights are involved. Employers have an obligation to provide appropriate safety equipment and training, as well as ensure all safety rules are being followed. Sometimes, even if proper safety equipment is used, an accident may occur if tools and machinery are not properly maintained, and the employer may be liable for these accidents as well.
Daycare Accidents
We put great trust in daycare centers, relying on them to provide care for our children while we are not able to do so. These facilities must take precautions to ensure the children in their care are safe. They must take care to promptly neutralize any dangerous situation that may arise. A failure to provide a safe environment for children under their care may result in an accident, and the childcare provider may be liable.
Wrongful Death
If you have recently lost a loved one due to an accident that may have been caused by the negligent actions of another, you may be able to seek compensation by filing a wrongful death claim.
CASE RESULTS
ELEMENTS OF A PERSONAL INJURY CLAIM
Negligence
To pursue a personal injury claim, your Fort Worth personal injury attorney will need to determine who may be liable for the accident and if negligence may have played a role. For example, if you were in a vehicle accident, your lawyer would need to investigate the collision to discover which factors may have contributed to the accident. To prove negligence in a personal injury case, four elements must generally be established:
Duty of Care
A duty of care is an obligation a person has towards another to take certain precautions that could help prevent an accident, such as not driving while intoxicated or distracted, or a business warning customers of potentially dangerous situations, like a freshly mopped floor.
Breach of Duty
Once a duty of care has been established, it must be proven that this duty of care was breached, meaning the proper precautions were not taken. If a driver is driving while drunk or looking down at their mobile device, or if a store fails to display a slippery floor warning, this may be a breach of duty on their part.
Causation
It must be established that the breach of duty caused the accident to occur. This means if the at-fault party had taken the appropriate precautions, the accident would not have occurred. For example, if a driver had not been drinking, or had been paying proper attention rather than using their mobile device, they would not have collided with your vehicle, or if a store had provided a warning that the floor may be slippery, you could have avoided the area.
Damages
Finally, your lawyer will still need to prove that you suffered actual damages, such as physical injuries or financial harm.
Intentional Harm
If you were injured through the intentional actions of another, you may be able to file a personal injury claim seeking compensation, while criminal actions may be brought against the perpetrator as well.
Strict Liability
In some cases, the other party may be strictly liable for your injuries. If you have been injured by a defective product, you may not need to prove negligence played a role. If the product design is flawed in a way that causes harm when used as intended, the manufacturer may be liable for any damages caused. Similarly, if a dog owner failed to obey relevant leash laws, the owner may be strictly liable for any injuries suffered from a dog bite.
WHAT IS COMPARATIVE NEGLIGENCE?
Texas uses a modified comparative negligence model when calculating compensation. This means if you are found to share some of the blame for the accident, the amount of compensation you are entitled to may be reduced. The court may assign a percentage of the fault for causing the accident, and potential compensation is reduced by this amount. For example, if you are assigned 10% of the blame for an accident and are found to have suffered $70,000 in damages, you may only be awarded $63,000. If you are assigned more than 50% of the blame, you may not be able to seek compensation.
LEGAL TIME LIMITS
The statute of limitations places a time limit within which you may file a personal injury lawsuit. In Texas, you have two years from the date of the accident to file a claim pursuant to Texas Civil Practice & Remedies Code Sec. 16.003. It is important to consult an experienced lawyer as soon as possible to help ensure your attorney has adequate time to investigate your claim and determine how much compensation you may be entitled to before filing a personal injury lawsuit in Fort Worth.
HOW A PERSONAL INJURY LAWYER CAN HELP YOU PURSUE COMPENSATION
If you have been injured in an accident, trying to get your life back to normal can take a lot of time and work. Insurers may know you have bills that are rapidly coming due and try to offer you a low settlement amount to quickly settle your claim. Insurers may try to drag out the process as long as they can in the hopes you will accept an offer for less than you may be entitled to because they have the time to wait while you may not have the same luxury.
Your attorney may be able to help you pursue a personal injury settlement in Fort Worth by leveling the playing field with the insurance company. By consulting and hiring an attorney, you are letting the insurer know that you are serious about your claim and that you intend to fight for the compensation you may deserve. It is difficult for an individual to go up against the teams of insurance lawyers dedicated to minimizing the insurer’s payout, but a personal injury lawyer may be able to help you understand your rights. If you have been injured in an accident, consult a Fort Worth personal injury lawyer as soon as possible to help protect your rights and seek maximum compensation.
GET A CASE EVALUATION FROM ZINDA LAW GROUP
At Zinda Law Group, our experienced lawyers may help you with your claim. We assist our clients in seeking maximum compensation after they or a loved one has been injured in an accident.
Call (800) 863-5312 today for a free consultation with one of our Fort Worth personal injury attorneys. As one of our clients, you will not pay anything unless we can win your personal injury claim. That’s our No Win, No Fee Guarantee.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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