Personal Injury Lawyer Garland, Texas Guide

Introduction: Why Garland Residents Need a Local Personal Injury Guide

Garland, Texas is criss-crossed by busy corridors such as Interstate 30, the President George Bush Turnpike (SH 190), and LBJ Freeway (I-635). Heavy commuter traffic, nearby industrial facilities, and North Texas’s severe weather create unique safety challenges for Garland’s 246,000 residents. When accidents happen—whether a rear-end collision on Broadway Boulevard, a slip-and-fall at Firewheel Town Center, or an injury on a construction site along Saturn Road—victims need clear, Texas-specific information fast. This guide explains your rights, outlines the key steps in a personal injury claim, and shows when hiring a personal injury lawyer Garland, Texas can protect your financial recovery.

Understanding Your Personal Injury Rights in Texas

The Legal Basis for a Claim

Personal injury law in Texas is rooted in negligence. To recover damages, an injured party (the plaintiff) generally must prove:

• The defendant owed a legal duty of care.

• The defendant breached that duty by acting or failing to act as a reasonably prudent person would.

• The breach proximately caused the plaintiff’s injuries.

• The plaintiff suffered recoverable damages such as medical bills, lost wages, pain, or disability.

Texas allows compensation for both economic and non-economic losses. Punitive (exemplary) damages may be awarded under Texas Civil Practice and Remedies Code (TCPRC) Chapter 41 when the defendant’s conduct was fraudulent, malicious, or grossly negligent.

Key Statutory Rights

• Statute of Limitations – Two Years: Under TCPRC §16.003(a), most personal injury lawsuits must be filed within two years of the date the injury occurred. Missing this deadline usually bars the claim.

• Proportionate Responsibility: Texas follows modified comparative fault under TCPRC Chapter 33. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. If you are more than 50% responsible, you receive nothing. This reinforces the importance of gathering evidence quickly.

• Right to a Jury Trial: The Texas Constitution guarantees a civil jury when requested in a timely manner and the fee is paid. Jury pools in Dallas County (which includes Garland) often weigh fault carefully, making thorough preparation essential.

Common Types of Personal Injury Cases in Garland and Across Texas

Motor-Vehicle Collisions

The Texas Department of Transportation recorded over 35,000 crashes in Dallas County in 2022. Garland’s high-speed arterials and busy intersections like Lavon Drive & Walnut St. see frequent rear-end and T-bone collisions. Comparative fault assessments often hinge on dash-cam footage, police reports, and electronic data recorders.

Commercial Truck Accidents

State Highway 78 and I-635 carry significant 18-wheeler traffic bound for Garland’s industrial parks. Federal Motor Carrier Safety Administration rules on hours-of-service and maintenance logs provide critical evidence.

Premises Liability (Slip, Trip & Fall)

Property owners in Texas must keep premises reasonably safe and warn of hidden dangers. Victims injured at grocery stores on North Garland Avenue or at retail outlets in Firewheel must show the owner knew or should have known of the hazard. Surveillance video and incident reports are vital.

Workplace & Construction Injuries

Texas does not require private employers to carry workers’ compensation. If your employer in Garland opts out, you may bring a negligence lawsuit without the bar of co-employee immunity. Even when workers’ compensation applies, third-party claims against equipment manufacturers or negligent subcontractors remain possible.

Dog Bites

Texas follows the “one-bite rule,” but negligence principles frequently apply when owners in Garland fail to secure aggressive animals. Rabies treatment costs and scarring are compensable damages.

Severe Weather & Storm-Related Injuries

North Texas hailstorms and flash floods can lead to roof collapses or roadway hydroplaning accidents. Insurers denying valid storm-related claims risk statutory penalties under Texas Insurance Code §542.060 for unfair claim-handling practices.

Texas Legal Protections & Injury Laws

Proportionate Responsibility in Detail

TCPRC §§33.001–33.017 allocate fault among all responsible parties, including the plaintiff. A skilled garland accident attorney will:

• Identify every potentially liable party (drivers, employers, manufacturers).

• Use discovery under Texas Rules of Civil Procedure 192–215 to obtain records.

• Leverage expert testimony to minimize your assigned fault percentage.

Damage Caps

Non-economic damages in medical malpractice cases are capped at $250,000 per physician and $500,000 overall per claimant (TCPRC §74.301). There are no caps in standard auto or premises cases, although punitive damages are limited to the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages not exceeding $750,000 (TCPRC §41.008).

Insurance Requirements

• Auto Policies: Texas minimum liability limits are 30/60/25 under Transportation Code §601.072—$30,000 per injured person, $60,000 per crash, and $25,000 for property damage.

• Uninsured/Underinsured Motorist (UM/UIM): Carriers must provide UM/UIM unless rejected in writing (Insurance Code §1952.101).

Attorney Licensing & Fees

Only lawyers licensed by the State Bar of Texas under Texas Government Code §81.051 may give legal advice. Contingency fees in personal injury cases are permitted but must be reasonable under Texas Disciplinary Rules of Professional Conduct 1.04.

Steps to Take After a Personal Injury in Texas

Seek Medical Attention Immediately

Garland residents often visit Baylor Scott & White Medical Center – Lake Pointe in nearby Rowlett or Methodist Richardson Medical Center for trauma care. Prompt treatment documents injuries and protects your health. Report the Incident

For vehicle crashes, dial 9-1-1 and request Garland Police Department officers to file a Texas Peace Officer’s Crash Report (CR-3). For premises injuries, file an incident report with property management. Preserve Evidence

Take photographs of injuries, defects, and vehicle damage. Save medical bills, pay stubs, and correspondence from insurers. Notify Insurance Carriers

Texas Insurance Code §542.055 requires insurers to acknowledge claims within 15 calendar days. Delay can jeopardize benefits. Track All Damages

Maintain a diary of pain, doctor appointments, and work time lost. Non-economic damages are hard to quantify without contemporaneous notes. Avoid Early Settlement Traps

Insurers may offer quick, low settlements. Once you sign a release, your claim ends. Consult counsel before accepting any offer.

When to Seek Legal Help in Texas

While minor fender-benders with no injuries might be handled pro-se, Texas’s proportionate responsibility rules and strict filing deadlines make legal counsel critical when:

• You suffered fractures, head trauma, burns, or permanent scarring.

• Liability is disputed or multiple parties are involved (e.g., multi-vehicle pile-up on I-30).

• The insurance carrier delays or denies coverage in bad faith (Insurance Code §542.060).

• You suspect product defects or employer non-subscriber status.

• The accident involves commercial trucks subject to federal regulations.

An experienced texas personal injury law firm will gather expert testimony, file suit within deadlines, and negotiate with insurers who know the lawyer is prepared for trial.

Local Resources & Next Steps for Garland Victims

• Garland Police Department Records – 1891 Forest Ln., obtain crash reports.

• Dallas County Court System – Civil District Courts (George L. Allen Sr. Courts Building) hear larger injury cases; County Courts at Law handle smaller matters.

• State Bar of Texas Lawyer Referral – Verify licensing and disciplinary history.

• Texas Department of Insurance Consumer Help Line – File complaints against unfair insurers.

• Victim Assistance Programs – Dallas County Criminal District Attorney’s Office offers help for crime-related injuries.

For additional reading, visit:

Texas Civil Practice & Remedies Code Chapter 16 – Limitations Texas Department of Insurance – Consumer Protection Texas Courts Online – Case Lookup State Bar of Texas – Attorney Verification

Legal Disclaimer

This guide provides general information about Texas personal injury law and is not legal advice. Every case is different. Consult a licensed Texas attorney to obtain advice specific to your 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.