What a Personal Injury Attorney Does in Dallas
A personal injury attorney in Dallas represents people who have been harmed by someone else's negligence or wrongdoing. They handle cases involving car accidents, slip-and-fall injuries, workplace accidents, medical malpractice, and product defects. Their job is to investigate what happened, gather evidence, negotiate with insurance companies, and either reach a settlement or take the case to trial if needed.
Dallas attorneys work on contingency, which means they take a percentage of what you recover rather than charging you upfront fees. This arrangement exists because injury cases can take months or years to resolve, and most people cannot afford to pay hourly rates while waiting. If you do not recover money, your attorney does not get paid either.
The attorney's role includes handling all communication with the other party's insurance company, which protects you from saying something that could hurt your case. They also manage important date—Texas has strict time limits for filing lawsuits, and missing them can cost you the right to sue entirely.
Key Takeaways
- Personal injury attorneys in Dallas work on contingency, taking a percentage of your recovery instead of charging upfront fees.
- Texas has a two-year important date to file a personal injury lawsuit from the date of injury, and missing it bars you from suing.
- You should meet with an attorney before speaking to the other party's insurance adjuster, because statements you make can be used against you.
- Most cases settle before trial, but an attorney should be prepared to go to court if the insurance offer does not fairly cover your damages.
- Dallas courts follow comparative negligence rules, meaning you can recover even if you were partially at fault, as long as you were less than 51 percent responsible.
When to Contact an Attorney After an Injury
You should contact an attorney as soon as possible after an injury, ideally within days rather than weeks. The sooner an attorney is involved, the sooner they can preserve evidence—photographs of the accident scene, surveillance video, witness contact information, and medical records. Evidence disappears quickly: businesses delete security footage after 30 days, witnesses move away, and memories fade.
Do not wait until you have finished medical treatment. Many people think they need to know the full extent of their injuries before calling an attorney, but that is not how it works. An attorney can begin investigating and gathering evidence when ready while you continue treatment. They can also advise you on what medical records to request and what to document about your recovery.
If an insurance adjuster has already contacted you, contact an attorney before responding. Adjusters are trained to get statements that minimize the claim, and anything you say can be used against you later. An attorney will handle all communication with the insurance company from that point forward.
How to Find a Personal Injury Attorney in Dallas
The most reliable way to find an attorney is through referrals from people you trust—friends, family members, or your primary care doctor. Personal referrals come with real experience: the person can tell you whether the attorney returned calls, explained things clearly, and treated them fairly.
The State Bar of Texas maintains a directory of licensed attorneys at texasbar.com. You can search by location and practice area. The directory shows whether an attorney is in good standing and whether any disciplinary actions have been taken against them. This is a basic check, not a recommendation, but it confirms the attorney is licensed and has no public discipline record.
When you contact an attorney, ask whether they handle cases like yours and whether they have tried cases in Dallas courts (not just settled them). Ask how long they have been practicing personal injury law. Many attorneys handle multiple practice areas; you want someone whose primary focus is personal injury. Most offer free initial consultations, so you can speak with several attorneys before deciding.
What to Bring to Your First Meeting
Bring any documents related to the incident and your injuries. For a car accident, this includes the police report number, the other driver's insurance information, photos of vehicle damage, and medical bills. For a slip-and-fall, bring photos of the hazard, the location, and any injuries, plus the name of the business and the date it happened. For workplace injuries, bring the incident report and any communication with your employer or workers' compensation carrier.
Also bring medical records—doctor's notes, test results, imaging reports, and bills. If you have kept a journal of your symptoms, pain levels, and how the injury has affected your daily life, bring that too. The more specific information you have, the better the attorney can assess your case.
Bring a list of questions. Ask what the attorney thinks your case is worth, how long they expect it to take, what percentage they charge, and what costs you might owe if the case does not settle. Ask whether they will handle your case personally or assign it to another attorney in the firm.
Understanding Contingency Fees and Costs
A contingency fee is typically 33 percent of your settlement or judgment if the case settles before trial, and 40 percent if it goes to trial. These percentages can vary, so ask your attorney what they charge. The percentage applies only to the money you recover; if you receive nothing, you owe nothing.
Separate from the attorney's fee are case costs—expenses the attorney pays to pursue your case. These include filing fees, informed witness fees, medical record requests, court reporter fees, and investigation costs. You are responsible for these costs, but most attorneys advance them and deduct them from your recovery along with their fee. If you lose, you typically do not owe these costs, though this should be confirmed in your fee agreement.
Ask your attorney in writing what costs you might expect and whether they advance all costs or whether you pay some upfront. Get a written fee agreement before work begins. Texas law requires this agreement to be in writing and to specify the percentage, how costs are handled, and when you will be billed.
Texas Laws That Affect Your Case
Texas follows comparative negligence, which means you can recover damages even if you were partially at fault for the injury. However, you cannot recover if you were more than 50 percent responsible. For example, if you were hit by a car while jaywalking, you might be found 20 percent at fault; you could still recover 80 percent of your damages. If you were found 60 percent at fault, you could not recover anything.
Texas has a two-year statute of limitations for personal injury lawsuits. This means you have two years from the date of injury to file a lawsuit. If you do not file within two years, you lose the right to sue, period. There are rare exceptions for minors or people declared mentally incompetent, but the important date is absolute for most people. An attorney will track this important date and file before it expires.
Texas also caps non-economic damages—pain and suffering, emotional distress, loss of enjoyment of life—in some cases. Medical malpractice cases have a $250,000 cap on non-economic damages. Other injury cases do not have caps, but an attorney will explain what damages your case supports.
What Happens After You Hire an Attorney
Your attorney will send a demand letter to the other party's insurance company, describing the injury, the medical treatment, the costs, and the impact on your life. The letter includes copies of medical records, bills, and any other supporting evidence. The insurance company then has a set time—usually 30 days—to respond with an offer.
If the offer is too low, your attorney will negotiate. This back-and-forth can take weeks or months. If you and the insurance company reach an agreement, you sign a settlement agreement and release form, which means you give up the right to sue in exchange for the payment. The attorney deducts their fee and costs, and you receive the remainder.
If negotiation does not work, your attorney will file a lawsuit in Dallas County District Court. This triggers discovery, where both sides exchange documents and take depositions—recorded question-and-answer sessions. Most cases settle during discovery once both sides have full information. If settlement does not happen, the case goes to trial, where a jury decides the outcome.
Frequently Asked Questions
How much is my case worth?
Your case's value depends on your medical bills, lost wages, the severity of your injury, your age, and how the injury affects your future. An attorney can give you a range based on similar cases, but the exact value emerges during negotiation. Cases worth $5,000 to $25,000 are common for minor injuries; serious injuries can be worth much more.
Can I still sue if I was partly at fault?
Yes, under Texas comparative negligence law. You can recover as long as you were less than 51 percent at fault. If you were 30 percent at fault and your damages are $100,000, you would recover $70,000. Your attorney will argue your percentage of fault is lower than the other party claims.
What if the other driver did not have insurance?
You may be able to recover through your own uninsured motorist coverage, which is part of your auto insurance policy. Your attorney can file a claim against your own insurer. If you do not have uninsured motorist coverage, your options are limited, but an attorney can still pursue the other driver directly.
How long does a personal injury case usually take?
straightforward cases with clear liability and minor injuries can settle in three to six months. Complex cases with serious injuries, multiple parties, or disputed fault can take one to three years. If the case goes to trial, add several more months. Your attorney should give you a timeline estimate based on the specifics of your case.
Do I have to go to court?
Most cases settle before trial, so you may never see a courtroom. However, you should be prepared for trial and choose an attorney who is willing to take your case to court if the insurance offer is unfair. The threat of trial is what makes insurance companies negotiate seriously.