Personal Injury Rights Guide – Irving, Texas

Introduction: Why Irving, Texas Residents Need to Understand Personal Injury Law

Located between Dallas and Fort Worth, Irving sits at the junction of several major highways—State Highway 183, State Highway 114, Loop 12, and President George Bush Turnpike. Heavy commuter traffic to Dallas/Fort Worth International Airport and nearby business hubs means accidents can happen in a split second. Whether you were rear-ended on North MacArthur Boulevard, hurt in a construction mishap near Las Colinas, or slipped on a wet floor in a Valley Ranch grocery store, knowing your rights under Texas personal injury law is critical.

This comprehensive guide explains how Texas statutes, court procedures, and local resources work together to protect injury victims. It favors the injured party—while remaining strictly factual—and walks you through each step, from identifying negligence to filing a claim within Texas’s strict deadlines.

Understanding Your Personal Injury Rights in Texas

Negligence and Duty of Care

Texas follows traditional negligence principles. An injured person (the plaintiff) must prove that the defendant owed a duty of care, breached that duty, and directly caused compensable harm. For example, drivers on Irving Boulevard owe others a duty to obey speed limits and traffic signals.

Statute of Limitations

Under Texas Civil Practice and Remedies Code §16.003, most personal injury lawsuits must be filed within two years of the date the injury occurred. Missing this deadline generally bars you from recovering damages, no matter how strong your case.

Comparative Fault (Proportionate Responsibility)

Texas uses a modified comparative fault system codified at Texas Civil Practice and Remedies Code §33.001–§33.017. If you are found 51 percent or more responsible for your own injuries, you cannot recover damages. If you are 50 percent or less at fault, your recovery is reduced in proportion to your percentage of fault.

Available Damages

• Economic damages – medical bills, lost wages, rehabilitation costs.

• Non-economic damages – pain and suffering, physical impairment, mental anguish.

• Exemplary damages – sometimes called punitive damages; governed by Texas Civil Practice and Remedies Code §41.003 and available only when the defendant’s conduct involved fraud, malice, or gross negligence.

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

Crashes on SH 183 and Loop 12 account for a significant portion of emergency calls to Baylor Scott & White Medical Center – Irving. Texas requires drivers to maintain minimum liability insurance (Texas Department of Insurance auto liability overview), but insurers rarely offer fair settlements without negotiation.

Premises Liability (Slip & Falls)

Property owners must remedy or warn of hazards they knew or should have known about. Falls in retail stores, apartment complexes, or local entertainment venues like the Toyota Music Factory often trigger claims under premises liability law.

Workplace & Construction Accidents

Irving hosts numerous construction and logistics projects. When employers subscribe to the Texas workers’ compensation system, injured workers generally seek benefits there. If the employer is a nonsubscriber or a third party caused the harm, personal injury litigation may be possible.

Product Liability

Defective auto parts, malfunctioning household devices, or unsafe pharmaceuticals can lead to strict liability claims if the product was defectively designed, manufactured, or lacked adequate warnings.

Wrongful Death

When negligence causes loss of life, surviving spouses, children, and parents may sue under Texas Civil Practice and Remedies Code §71.002. The statute imports most of the same deadlines and comparative fault rules as standard injury cases.

Texas Legal Protections & Injury Laws

Pre-Suit Requirements

Texas does not require a formal demand letter in all cases, but sending one often triggers investigation and preserves evidence. For health-care-related claims, notice is mandatory under §74.051; plaintiffs must provide written notice 60 days before filing suit.

Pleadings and Service

Lawsuits are filed in the appropriate district or county court. For most Irving cases, venue lies in Dallas County or Tarrant County district courts, depending on where the incident occurred and who the defendants are. Defendants must be served under Texas Rules of Civil Procedure 99. Failure to serve within a reasonable time can jeopardize your claim.

Discovery Tools

• Interrogatories – written questions answered under oath.

• Requests for Production – obtain medical records, electronic data, or maintenance logs (e.g., for defective elevators in an Irving high-rise).

• Depositions – sworn testimony recorded by a court reporter.

Mediation and Settlement Conferences

Dallas County judges frequently order mediation before trial. Mediation allows parties to discuss settlement with a neutral third-party mediator. Many personal injury claims resolve at this stage, avoiding the uncertainty of trial.

Trial and Judgment

If settlement fails, the case proceeds to a jury trial where six (county court) or twelve (district court) jurors decide liability and damages. Post-judgment interest accrues under Texas Finance Code §304.003.

Steps to Take After a Personal Injury in Texas

Seek Immediate Medical Attention

  Visit an emergency facility such as *Baylor Scott & White Medical Center – Irving* or, for severe trauma, *Parkland Memorial Hospital* in Dallas. Medical records serve as vital evidence.

Preserve Evidence

  Take pictures of vehicle damage, accident scenes, or hazardous conditions. Save damaged products and keep a pain diary.

File the Appropriate Reports

  For motor-vehicle crashes causing injury or over $1,000 property damage, Texas Transportation Code §550.062 requires involved drivers to report the crash if law enforcement did not.

Notify Insurance Carriers

  Prompt notice preserves your policy rights. Give only factual statements; avoid speculation.

Consult a Licensed Texas Attorney

  Use the [State Bar of Texas lawyer referral directory](https://www.texasbar.com) to verify licensing and disciplinary history.

Track Deadlines

  Mark the two-year statute of limitations on your calendar, and shorter notice periods if a government entity is involved (Texas Tort Claims Act requires notice within six months in many cases).

When to Seek Legal Help in Texas

Serious or Catastrophic Injuries

Spinal cord injuries, traumatic brain injuries, or multiple fractures often involve substantial medical bills, long-term care, and future wage loss calculations. An experienced personal injury lawyer in Irving, Texas can retain economists and life-care planners to quantify damages.

Disputed Liability or Multiple Defendants

Accidents at the busy State Highway 114/Loop 12 interchange can involve commercial trucks, rideshare vehicles, and road contractors. Apportioning fault requires skilled investigation and may turn on maintenance logs or electronic logging device data.

Low Initial Settlement Offers

Insurance companies operating under Texas law must attempt fair settlement within policy limits (Stowers doctrine), but initial offers often undervalue pain, impairment, or future medical care.

Government or Public Entity Involvement

If the City of Irving or the Texas Department of Transportation contributed to unsafe road conditions, sovereign immunity limitations and shorter notice deadlines apply.

Local Resources & Next Steps

Medical Facilities Serving Irving

• Baylor Scott & White Medical Center – Irving

• Medical City Las Colinas

• Parkland Memorial Hospital – Level I Trauma (Dallas)

Court Locations

• Dallas County Civil District Courts – 600 Commerce St., Dallas, TX

• Tarrant County Civil District Courts – 100 N. Calhoun St., Fort Worth, TX

Accident Reports

You can purchase official crash reports through the Texas Department of Transportation’s Crash Records Information System.

Low-Cost Legal Services

• Legal Aid of Northwest Texas – provides civil legal help to qualifying low-income residents.

• Dallas Volunteer Attorney Program – free legal clinics throughout the metro area.

Frequently Asked Questions for Irving Injury Victims

How much time do I have to file?

Generally two years under §16.003, though shorter deadlines apply to claims against governmental units or in health-care liability cases.

Will my case go to trial?

Most Texas personal injury cases settle. However, an attorney prepares every claim as if for trial to maximize leverage.

What if I am partly at fault?

You can still recover if you are less than 51 percent responsible; your damages will be reduced proportionately under §33.001.

Do I need an attorney?

While Texas law allows self-representation, personal injury litigation involves strict procedural rules, expert testimony, and negotiations with seasoned insurance adjusters. Engaging a qualified Irving accident attorney aligns your claim with best practices.

Legal Disclaimer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual facts matter. Consult a licensed Texas attorney for guidance on 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.