Injury Lawyer Near Me: Personal Injury in McKinney, Texas

Introduction: Why This Guide Matters to McKinney Injury Victims

From congested U.S. 75 traffic to rapidly growing construction sites along the Sam Rayburn Tollway (SH-121), McKinney residents encounter unique safety hazards every day. Collisions on Virginia Parkway, slip-and-fall incidents at the historic downtown square, and workplace injuries at nearby manufacturing plants all generate real human consequences: medical bills, lost wages, and long-term pain. If you or a loved one was hurt in McKinney, Texas, understanding your rights under state law is the first step toward protecting your health and financial future. This 2,500-plus-word guide explains how Texas personal injury law works, what deadlines apply, and how a personal injury lawyer McKinney Texas can help you recover the compensation you deserve.

Every statement in this guide is grounded in authoritative Texas sources such as the Texas Civil Practice and Remedies Code (TCPRC), Texas Rules of Civil Procedure, and published opinions from Texas courts. Where appropriate, we provide direct citations and helpful links so you can verify the information yourself.

Understanding Your Personal Injury Rights in Texas

Negligence and Duty of Care

Most personal injury cases in Texas arise from negligence—a breach of a legal duty that causes damages. Whether the defendant is a distracted driver on U.S. 380 or a property owner at Inspiration Park, they owe a duty to act reasonably to prevent foreseeable harm. When they fail, Texas law allows the injured party to seek damages for medical expenses, lost income, pain and suffering, and more.

Statute of Limitations

Under Texas Civil Practice & Remedies Code §16.003(a), you generally have two years from the date of injury to file a lawsuit. Missing this deadline almost always eliminates your right to recover, so early action is critical. Special rules apply to minors, sexual assault survivors, and certain governmental claims, but the two-year period remains the default.

Proportionate Responsibility (Comparative Fault)

Texas follows a modified comparative fault system under TCPRC Chapter 33. If you are not more than 50 percent at fault, you may still recover damages, but your award will be reduced by your percentage of responsibility. For instance, if a McKinney jury finds you 20 percent at fault for a rear-end collision on Eldorado Parkway, your $100,000 award would be reduced to $80,000.

Damages You May Recover

• Economic damages: medical bills, rehabilitation expenses at Baylor Scott & White Medical Center – McKinney, lost wages, loss of earning capacity.

• Non-economic damages: physical pain, mental anguish, disfigurement, loss of consortium.

• Exemplary damages: available in cases involving fraud, malice, or gross negligence under TCPRC §41.003, though capped by §41.008.

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

Collin County reported more than 6,000 crashes in the most recent Texas Department of Transportation (TxDOT) annual statistics. High-speed corridors like SH-121 and daily commuter routes such as Stacy Road create risks for multi-vehicle pileups and distracted-driving incidents.

Commercial Truck Accidents

The proximity of McKinney to major logistics hubs means 18-wheelers share the road with everyday motorists. Federal Motor Carrier Safety Regulations and state vehicle codes impose strict duties on trucking companies—violations can establish negligence per se.

Premises Liability (Slip, Trip & Fall)

Texas premises liability law differentiates between invitees, licensees, and trespassers. If a grocery store on W. University Drive fails to remedy a spilled liquid and a customer slips, that customer—as an invitee—may have a strong negligence claim.

Workplace Injuries

Texas is the only state that allows private employers to opt out of the workers’ compensation system. For non-subscribing employers in McKinney industrial parks, injured employees may bring negligence claims directly against the company.

Dog Bites and Animal Attacks

Although Texas does not have a statewide dog-bite statute, courts apply negligence and “one bite rule” principles. A negligent owner of an unleashed dog at Towne Lake Park can be held liable if the dog’s dangerous propensities were—or should have been—known.

Texas Legal Protections & Injury Laws

Pre-Suit Notice Requirements

Certain claims—such as medical negligence—and claims against governmental units (e.g., City of McKinney) require timely pre-suit notice. The Texas Tort Claims Act (TCPRC §§101.101-.102) mandates notice within six months of the incident, although local charters can impose shorter deadlines.

Discovery Rules

After filing a lawsuit, the Texas Rules of Civil Procedure (TRCP) govern discovery. The proportionality doctrine under TRCP 192.4 applies, ensuring that requested documents, such as collision-scene photos from the McKinney Police Department, are relevant and not unduly burdensome.

Insurance Regulations

The Texas Department of Insurance (TDI) sets minimum auto liability limits and oversees unfair claims settlement practices. Insurers must comply with the Texas Insurance Code §542 (the Prompt Payment of Claims Act), which imposes strict deadlines for acknowledging, investigating, and paying claims. Failure to comply can trigger 18 percent statutory interest and attorney’s fees.

Damage Caps

While most personal injury cases have no cap on compensatory damages, Texas caps non-economic damages in medical liability claims at $250,000 per defendant (and $500,000 overall) under TCPRC §74.301. Punitive damages are also capped under §41.008.

Steps to Take After a Personal Injury in Texas

• Seek Immediate Medical Attention. Visit a local facility such as Medical City McKinney or an ER at Baylor Scott & White. Prompt diagnosis links your injuries to the incident.

• Report the Incident. For auto accidents, file Form CR-2 with TxDOT if police do not investigate. For premises injuries, insist on a written incident report.

Document Everything.

  - Photograph the scene (skid marks on Custer Road, unsafe stairwell, etc.).

  - Collect witness names and contact details.

  - Save medical bills, pay stubs, and repair estimates.

• Notify Your Insurance Carrier. Timely notice preserves coverage but avoid giving recorded statements to the adverse carrier without counsel.

• Track Deadlines. Mark the two-year statute of limitations on your calendar and shorter notice deadlines for governmental claims.

When to Seek Legal Help in Texas

Although Texas law permits you to negotiate on your own, practical reality favors prompt consultation with a McKinney accident attorney when injuries are significant, liability is disputed, or insurers delay payment. An attorney licensed by the State Bar of Texas can:

• Preserve evidence through written spoliation letters.

• Calculate damages using Texas Pattern Jury Charge models.

• Navigate proportionate responsibility defenses raised under TCPRC §33.001.

• Negotiate liens from providers such as Spine Team Texas or Medicare.

Texas attorneys must complete at least 15 hours of Continuing Legal Education (CLE) annually, ensuring up-to-date knowledge of evolving tort law.

Local Resources & Next Steps

• McKinney Police Department Crash Reports: Request online or at 2200 Taylor Burk Dr.

• Collin County District Courts: Civil filings occur at 2100 Bloomdale Rd., McKinney, TX 75071.

Consumer Complaint Assistance: File unfair insurance practice complaints with the Texas Department of Insurance.

• Trauma Care: Baylor Scott & White Medical Center – McKinney offers Level III trauma services.

• Free Legal Clinic: Legal Aid of Northwest Texas occasionally hosts clinics for low-income Collin County residents.

Authoritative References

Texas Civil Practice & Remedies Code Chapter 16 Proportionate Responsibility—TCPRC Chapter 33 Texas Rules of Civil Procedure

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws change, and each case is unique; you should consult a licensed Texas attorney regarding your specific situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.