Injury Lawyer Near You: Personal Injury in McKinney, TX

Introduction: Why McKinney Residents Need a Focused Personal Injury Guide

Collin County’s seat, McKinney, Texas, is one of the fastest-growing cities in the United States. Its bustling downtown, proximity to U.S. 75 and State Highway 121, and a steady stream of construction projects mean accidents can and do happen. Whether the injury involves a multi-vehicle crash on U.S. 75, a slip-and-fall at a Historic Downtown storefront, or a workplace incident at one of the region’s distribution centers, victims face real questions: How long do I have to file? Who pays my medical bills? How do Texas fault rules affect my recovery?

This 2,500-plus-word guide answers those questions with verifiable citations from Texas statutes, court rules, and authoritative agencies. While it slightly favors the rights of injured Texans, every statement is grounded in law or reputable legal commentary. If you need immediate legal help, consult a licensed Texas attorney—time limits under Texas law are unforgiving.

Understanding Your Personal Injury Rights in Texas

1. The Right to Seek Compensation

Under Texas Civil Practice and Remedies Code (CPRC) § 16.003(a), most personal injury claims must be filed within two years of the date the cause of action accrues. This statute of limitations applies to motor-vehicle collisions, slip-and-falls, and many work-related injuries (excluding cases governed by the Texas Workers’ Compensation Act).

In addition to compensatory damages—medical bills, lost wages, property damage, and pain and suffering—Texas allows exemplary (punitive) damages in limited cases involving fraud, malice, or gross negligence, governed by CPRC Chapter 41. However, exemplary damages require clear and convincing evidence and are capped by statutory formulas.

2. Comparative Fault: Texas’s Proportionate Responsibility Rule

CPRC Chapter 33 sets out Texas’s modified comparative fault system. A claimant may recover damages so long as they are not more than 50 % responsible for their own injuries. If the injured party is 51 % or more at fault, they recover nothing. Any percentage of fault under 51 % reduces damages in direct proportion. For example, a McKinney resident awarded $100,000 but deemed 30 % at fault would receive $70,000.

3. The Right to a Jury Trial

Personal injury plaintiffs in Texas have a constitutional right to a jury trial upon timely payment of the jury fee under Texas Rules of Civil Procedure (TRCP) 216. Jury trials in Collin County are typically held at the 296th District Court or the County Courts at Law, all located in the Collin County Courthouse at 2100 Bloomdale Rd., McKinney.

Common Types of Personal Injury Cases in Texas

While every accident is unique, the following categories frequently appear in McKinney dockets and insurance claims.

1. Motor-Vehicle Collisions

• High-speed crashes on U.S. 75 and SH-121. Texas Department of Transportation (TxDOT) crash data show these corridors consistently rank among Collin County’s highest accident locations.

• Distracted driving incidents. Texas Transportation Code § 545.4251 bans texting while driving statewide.

• DUI injuries. The legal blood-alcohol limit remains 0.08 %, but any amount that impairs can establish negligence.

2. Premises Liability (Slip-and-Fall)

Texas premises law requires property owners to exercise ordinary care to reduce or eliminate unreasonable risks of harm known or should have been known. Liability often hinges on proving notice of a dangerous condition (e.g., wet floor in a McKinney grocery store).

3. Workplace Accidents

Texas is unique: employers may opt out of workers’ compensation. If your McKinney employer is a non-subscriber, you can sue directly for negligence without the usual workers’ comp bar, and the employer loses certain common-law defenses (Labor Code § 406.033).

4. Dog Bites and Animal Attacks

Texas follows a “one-bite rule” shaped by Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). A victim can recover by proving either prior aggressive behavior known to the owner or that the owner’s negligence caused the bite. Collin County Animal Services often investigates such attacks.

5. Wrongful Death

Wrongful death claims are governed by CPRC Chapter 71. Surviving spouses, children, and parents may recover damages for loss of companionship, mental anguish, and financial contribution. A related survival action may be brought by the estate for damages the deceased could have recovered had they lived.

Texas Legal Protections & Injury Laws

1. Statute of Limitations Recap

• Personal Injury: 2 years (CPRC § 16.003).

• Wrongful Death: 2 years (CPRC § 16.003(b)).

• Product Liability: 2 years + potential 15-year statute of repose (CPRC § 16.012).

Tolling rules exist for minors and legally incapacitated persons (CPRC § 16.001), pausing the clock until disability is removed.

2. Damage Caps

Texas limits noneconomic damages in medical malpractice cases only, under CPRC § 74.301: $250,000 per physician and $250,000 aggregate against healthcare institutions, capped at $500,000 total.

3. Insurance Requirements

The Texas Department of Insurance mandates minimum auto liability coverage of 30/60/25 (Bodily Injury: $30,000 per person, $60,000 per accident; Property Damage: $25,000). Many serious injuries exceed these limits, making uninsured/underinsured motorist (UM/UIM) coverage vital. Insurers must offer UM/UIM and Personal Injury Protection (PIP); rejection must be in writing (Texas Insurance Code § 1952.101).

4. Attorney Fees and Ethics

Contingency fees in Texas personal injury cases must be reasonable under Texas Disciplinary Rules of Professional Conduct 1.04. The fee percentage and case costs must be expressed in a written agreement. Victims generally owe no attorney fee unless money is recovered.

5. Pre-Suit Notice & Pleading Rules

While most injury cases can be filed without pre-suit notice, claims under the Texas Tort Claims Act (e.g., crashes involving City of McKinney vehicles) require notice to the governmental unit within six months of the incident (CPRC § 101.101). Pleadings must assert damages in compliance with TRCP 47(c).

Steps to Take After a Personal Injury in Texas

1. Seek Medical Attention Immediately

Prompt treatment documents causation and damages. Nearby facilities include Baylor Scott & White Medical Center – McKinney and Medical City McKinney. Refusing or delaying care can give insurers grounds to minimize your claim.

2. Preserve Evidence

• Photographs of the accident scene, injuries, and property damage.

• Witness information—names, phone numbers, and statements.

• Police or incident reports. Motor-vehicle crash reports can be obtained from TxDOT’s Crash Records Information System.

3. Notify Relevant Parties

Report motor-vehicle accidents to your insurer. For premises injuries, notify the property owner or manager in writing. Governmental claims (e.g., a fall on a city sidewalk) require statutory notice under CPRC § 101.101.

4. Track Damages

• Medical expenses: bills, prescriptions, mileage to appointments.

• Lost income: pay stubs, tax returns, employer letters.

• Out-of-pocket costs: medical devices, home modifications.

• Pain journal: daily log of pain levels and limitations.

5. Avoid Common Pitfalls

• Recorded statements to the at-fault insurance adjuster without counsel.

• Posting details of the accident or injuries on social media.

• Missing medical appointments—insurers argue gaps equal full recovery.

When to Seek Legal Help in Texas

While Texas law permits self-representation, several scenarios warrant retaining a personal injury lawyer in McKinney, Texas:

• Severe or permanent injuries (e.g., spinal cord, traumatic brain injury).

• Disputed liability or multi-vehicle crashes involving proportionate responsibility arguments.

• Claims against a governmental entity requiring notice hurdles.

• Commercial policies (18-wheeler accidents) with complex Federal Motor Carrier Safety Regulations.

• Coverage disputes: UM/UIM, PIP, or bad-faith insurance practices.

Experienced counsel can calculate damages, negotiate liens (Medicare, ERISA, hospital), and file suit within statutory deadlines. Under TRCP 169, cases under $250,000 may proceed via expedited actions, potentially lowering costs and time to trial.

Local Resources & Next Steps

1. McKinney-Area Courts & Agencies

• Collin County Courthouse: 2100 Bloomdale Rd., McKinney, TX 75071.

• Justice of the Peace Precinct 1: Small claims up to $20,000.

• TxDOT Collin County Area Office: crash reports and roadway data.

2. Medical & Rehabilitation Facilities

• Baylor Scott & White Medical Center – McKinney.

• Medical City McKinney Trauma Services.

• Encompass Health Rehabilitation Hospital of Dallas – a short commute for advanced rehab.

3. Support Organizations

Texas Department of Insurance – complaints and claim guidance. State Bar of Texas Lawyer Referral – verify attorney licensing. TxDOT Crash Records – obtain official accident reports. Texas Statutes Online – view full text of CPRC and other codes.

4. Next Steps for Injury Victims

Time is critical. Gather documents, continue treatment, and consider scheduling a consultation with a mckinney accident attorney experienced in texas personal injury law to evaluate deadlines, evidence, and potential compensation.

Legal Disclaimer

This article provides general information about Texas injury compensation and is not legal advice. Laws change, and application varies by facts. Consult a licensed Texas attorney for advice specific to your case.

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.