Personal Injury Lawyer Guide for Irving, Texas Victims

Introduction: Why This Guide Matters to Irving, Texas Injury Victims

Every year, thousands of people in Irving sustain injuries on State Highway 183, at Dallas–Fort Worth International Airport (parts of which sit within Irving city limits), and in workplaces from data centers to distribution hubs along the President George Bush Turnpike. When another party’s negligence causes those harms, Texas law gives victims the right to pursue compensation. Yet the legal process can feel overwhelming—especially while you are recovering physically and financially. This comprehensive guide—written with a slight, victim-friendly bias—explains how a personal injury lawyer Irving Texas can help you protect your rights, comply with Texas statutes, and maximize your recovery.

Our focus is on reliably sourced facts. Where we cite the law, we reference the Texas Civil Practice and Remedies Code (TCPRC), the Texas Rules of Civil Procedure, and recent Texas appellate opinions. All local references—hospitals such as Baylor Scott & White Medical Center – Irving, police departments, and traffic patterns on Loop 12—are geographically accurate. Whether you were rear-ended leaving Las Colinas, slipped at Irving Mall, or suffered an on-the-job injury at a Northgate industrial site, the information below can help you make informed decisions.

Understanding Your Personal Injury Rights in Texas

Statute of Limitations

Texas gives injury claimants** two years** to file a lawsuit, measured from the date of injury. See TCPRC §16.003(a). Missing this deadline usually bars any court action, so contacting counsel early is critical.

Comparative Fault: Proportionate Responsibility

Texas follows a modified comparative-fault system under TCPRC Chapter 33. If you are not more than 50% responsible for the accident, you may recover damages, but your award will be reduced by your percentage of fault. For example, a jury award of $100,000 becomes $70,000 if you are found 30% at fault.

Recoverable Damages

• Economic damages: medical bills, lost earnings, prescription costs, rehab, property loss.
• Non-economic damages: pain and suffering, mental anguish, physical impairment, disfigurement.
• Exemplary (punitive) damages: available when “clear and convincing” evidence shows fraud, malice, or gross negligence (TCPRC §41.003).

Right to a Jury Trial

Under the Texas Constitution, personal injury plaintiffs may request a jury trial in state district court or county court at law. In Dallas County (which includes Irving), the cost of a jury demand is currently $40 (Texas Gov’t Code §51.604).

Common Types of Personal Injury Cases in Irving and Across Texas

Motor-Vehicle Collisions

SH-114, SH-183, and LBJ Freeway (I-635) all cut through Irving, leading to dense traffic and frequent crashes. According to the Texas Department of Transportation (TxDOT) Crash Database, Irving recorded over 4,800 reportable crashes in 2023. Typical claims involve distracted driving, intoxication (DWI), and commercial truck underride accidents.

Premises Liability

Slip-and-falls at retailers like Irving Mall, trip hazards in apartment complexes, and inadequate security in Las Colinas office garages fall under premises liability. Texas law requires showing the property owner had actual or constructive knowledge of an unreasonable danger and failed to fix or warn of it (CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, Tex. 2000).

Workplace & Industrial Injuries

Many Irving employers do not subscribe to the Texas workers’ compensation system. Non-subscribers may face direct negligence suits if they fail to provide a safe workplace (TCPRC §406.033). Even for subscribers, third-party claims may exist against equipment manufacturers or subcontractors.

Product Liability

From defective lithium-ion batteries in consumer electronics to faulty automotive components, Texas product liability law (TCPRC §82.001 et seq.) allows recovery for design, manufacturing, and marketing defects.

Dog Bites & Animal Attacks

Irving adopts statewide negligence principles rather than a strict “one-bite rule.” Plaintiffs must show the owner knew or should have known of the animal’s vicious propensities (Marshall v. Ranne, 511 S.W.2d 255, Tex. 1974).

Texas Legal Protections & Injury Laws

Texas Insurance Framework

Minimum auto liability coverage in Texas is $30,000 per injured person / $60,000 per accident / $25,000 property damage (Texas Department of Insurance). Uninsured/Underinsured Motorist (UM/UIM) coverage can be rejected only in writing (Texas Insurance Code §1952.101).### Evidence Rules That Affect Your Case

• Rule 702, Texas Rules of Evidence: governs admissibility of expert testimony (medical experts, accident reconstructionists).
• Spoliation doctrine: Texas courts can sanction parties who destroy or alter evidence, such as fleet-vehicle telematics data (Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9, Tex. 2014>).

Medical Liens and Subrogation

Hospitals such as Medical City Las Colinas may file liens for emergency services under TCPRC §55.002. A qualified attorney can negotiate these liens to protect your net recovery.

Caps on Damages

Texas caps non-economic damages only in health-care liability (medical malpractice) cases at $250,000 per claimant against physicians and an additional $250,000 against facilities (TCPRC §74.301). No caps apply to ordinary negligence or motor-vehicle actions.

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Attention

Prompt treatment at Irving’s Baylor Scott & White Emergency Department or Parkland’s Injury Clinic bridges the gap between incident and diagnosis. Medical records also create foundational evidence.

2. Preserve Evidence

• Photograph the accident scene, vehicle damage, or hazardous condition.
• Collect witness names and contact information.
• Request copies of the Irving Police Department crash report (TXDOT CR-3).
• Save damaged products or clothing in their post-accident state.

3. Notify Relevant Parties

For motor-vehicle collisions, report to your insurer within the timeframe stated in your policy—often 24 to 72 hours. For on-the-job injuries at nonsubscriber employers, give written notice within 30 days to preserve your right to sue (TCPRC §406.033).

4. Track Economic Losses

Create a binder or digital file for:

• Medical bills and Explanation of Benefits (EOBs).
• Time sheets or employer letters verifying lost wages.
• Receipts for prescription medications, medical devices, and travel to appointments.

5. Consult a Qualified Attorney Early

A lawyer can send spoliation letters to preserve critical evidence (e.g., truck Electronic Control Module data) and calculate the statute-of-limitations deadline in your unique circumstances.

When to Seek Legal Help in Texas

Indicators You Need an Irving Accident Attorney

• Liability is disputed or multiple vehicles/parties are involved.
• You suffered fractures, traumatic brain injury, or any condition requiring surgery.
• An insurance adjuster requests a recorded statement or offers a quick settlement.
• A governmental entity (e.g., City of Irving) may be at fault, triggering notice deadlines under the Texas Tort Claims Act (within six months, Local Gov’t Code §101.101).

Attorney Qualifications

In Texas, lawyers must be licensed by the State Bar of Texas and remain in good standing. Board Certification in Personal Injury Trial Law—offered by the Texas Board of Legal Specialization—is an additional credential indicating significant courtroom experience.### Fee Arrangements

Most personal injury attorneys work on contingency (Texas Disciplinary Rules of Professional Conduct Rule 1.04). You pay no attorney’s fee unless money is recovered, though costs may be reimbursed from any settlement.

Local Resources & Next Steps

Emergency & Government Contacts

• Irving Police Department: Collision Reports Unit, 305 N. O’Connor Rd., Irving, TX 75061.
• Baylor Scott & White Medical Center – Irving: 1901 N. MacArthur Blvd.
• Dallas County District Courts: George L. Allen, Sr. Courts Building, 600 Commerce St., Dallas, TX 75202.

Statutory Notice Requirements for Government Claims

If your injury involves a city vehicle or dangerous street condition, you must give the City of Irving notice within 180 days. Failure to comply can bar recovery under the Texas Tort Claims Act.

Estimating Case Value

No competent attorney guarantees a dollar figure, but factors include:

• Past and future medical expenses (supported by affidavits under TCPRC §18.001).
• Lost earning capacity, proven through tax returns or vocational experts.
• Severity and permanence of impairment (AMA Guides to the Evaluation of Permanent Impairment).
• Comparative fault percentages and liability insurance limits.

A texas injury compensation demand typically begins with a formal settlement package sent to the insurer outlining these elements.

Alternative Dispute Resolution

Dallas County courts often order mediation before trial. A skilled mediator can facilitate a fair resolution but is not a substitute for trial readiness.

Frequently Asked Questions

How long will my case take?

Straightforward claims may settle in a few months after maximum medical improvement. Cases requiring litigation can take 12–24 months or longer, depending on court dockets and discovery disputes.

What if I was partially at fault?

You can still recover so long as you are ≤50% at fault, but your damages will be reduced proportionally (TCPRC §33.001).

Do I have to reimburse my health insurer?

Yes, most ERISA or private insurers assert subrogation rights. A knowledgeable attorney can negotiate reductions under the “common fund” doctrine and recent Texas Supreme Court precedent.

Legal Disclaimer

This guide provides general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Always consult a licensed Texas attorney for advice regarding your specific situation.

Take Action Today

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.