The Kipness Law Firm, P.C

There are certain time limits to bring a personal injury case in Dallas, Texas.   In law, these time limits or deadlines are known as “statute of limitations.”   There are dozens of laws in Texas that identify when a personal injury case must be filed with the court.  Due to the complex nature of these laws, it is recommended that a person immediately speak with a Dallas, Texas personal injury lawyer.

Generally, a personal injury case that occurs in the Dallas-Fort Worth area or anywhere in the State of Texas must be filed with the court within two (2) years from the date of the event that caused the injury.   However, there are numerous exceptions to this rule.

For example, there is a legal concept known as the “discovery rule.”  The discovery rule, depending on the type of case, may extend the deadline beyond two years.  There must be evidence that the injury was inherently undiscoverable and injury must be able to be verified in an objection fashion.  A court will decide if the “discovery rule” applies to a personal injury claim brought after the 2 year time limit.

For personal injury cases causing a death, the 2 year time limit is based on the date of death.  

Injuries to adults injured in car accidents, truck accidents, motorcycle accidents, drunk driver accidents, dangerous premises, work injuries, construction accidents, oil and gas rig accidents generally begin two years from the date of injury.

In Dallas and throughout Texas, injuries to minors must be brought within 2 years from the minor reaching the age of 18.  

Once of the most confusing statute of limitations involve medical malpractice claims.  Numerous factors can determine the deadline to bring a medical malpractice case, including:  age of the patient, whether the alleged malpractice was a single event or arose from a continuing course of treatment, whether the patient died, when a hospitalization ended, or the date the treatment of a medical condition was finished.

The longer you wait to file a case, the more you risk your case being dismissed by a court for not being timely filed.  Do not wait.  If you think you have a personal injury case, you should immediately contact a Dallas, Texas personal injury lawyer.

1. Does the wrongdoer or negligent party accept responsiblity for the accident and your injuries?
2. What type of injuries did you sustain?  Are the injuries permanent?  Is surgery needed? 
3. Did you have medical problems in the same part of your body before the accident?  Are there pre-existing medical conditions?
4. Did you miss time from work?  Can you return to work?  Do you need training to return to work?
5. Will you need future medical care for your injuries?
6. Will expert witnesses be needed to discuss your injuries, need for future medical care or explain why you need training to return to work or why you cannot return to work?
7. Will you make a credible witness?  Are you exaggerating your injuries?  Do you have criminal convictions?  Have you filed numerous personal injury claims?
8. Will the jury believe your side of the story?
9. Is there insurance coverage available to compensate you for your claim and if not, does the other party have money available to compensate you?

If you have any questions about a Dallas, Texas personal injury case, please contact our firm at (214) 800-3454 or send confidential e-mail at www.kiplawfirm.com 

The following is a guest post by Dolan Law Offices:

The actions that you take after your personal injury accident can have a significant effect on your physical and financial recovery.  Below are some tips about what to do if you, or a loved one, have been hurt in a personal injury accident:

• Take Pictures & Notes: if you are physically able to take notes and/or pictures after your accident, it is important that you do so.  Remember, that your cell phone likely has a camera on it so that you can take pictures of the accident scene using it.  Your thoughts about the accident and the conditions immediately preceding the accident will likely have more detail if you document them as soon as possible.  This information can later serve as important evidence in your settlement negotiations or personal injury lawsuit;
• Identify Witnesses: look around and identify anyone who may have witnessed your accident.  Get their name, address and phone number so that you, or your personal injury lawyer, can contact them for statements, or to testify, later;
• Seek Prompt Medical Care: it is important to get a physical examination as soon as possible after your accident and to follow all of your doctor’s orders.  Some injuries, such as traumatic brain injuries, must be treated quickly to avoid further physical damage.  Other injuries may not have significant symptoms immediately following your accident but will require treatment to avoid future pain.
• Be Wary of Your Insurance Adjuster: Insurance adjusters are employees of insurance companies that are looking to make a profit.  Insurance companies maximize their profits by paying out as little as possible in insurance claims. Thus, they want to pay you as little as possible for your claim.  Your insurance adjuster may pretend to be your friend or may try to trick you into saying something that could hurt your settlement.  Therefore, it is advisable to refer your insurance adjuster to your personal injury lawyer if the adjuster has questions about your accident.
• Hire an Experienced Personal Injury Lawyer: it is important to hire a personal injury lawyer to represent you in your personal injury case and to make sure that all of your rights are protected.  Your lawyer will fight for your fair damages while you concentrate on your physical healing.

These tips will help you achieve an equitable recovery for your personal injuries.  Contact a lawyer today to discuss your potential legal recovery.

The Chicago personal injury lawyers of Dolan Law Offices fight for each and every personal injury client and are committed to helping injured parties recover just damages.

The Long Term Effects of Spinal Cord Injuries

The following is a guest blog courtesy of Dolan Law Offices in Chicago

Spinal cord injuries can occur in any type of accident and can instantaneously change your life.  There are two types of spinal cord injuries: complete injuries and incomplete injuries.

Complete Spinal Cord Injuries

A person who suffers a complete spinal cord injury is paralyzed from the part of the spine where the injury occurred down.  If the injury occurred on the upper part of the spine, such as the neck, then the person may suffer quadriplegia and be unable to move from the neck down.  If the injury happens in the lower back then the person may suffer paraplegia and be paralyzed from the waist down but maintain movement in the upper body.

Incomplete Spinal Cord Injuries

While incomplete spinal cord injuries do not typically result in paralysis, they can still have devastating effects.  The Mayo Clinic cites some of the possible spinal cord injury effects as:

• Loss of bladder and / or bowel control;
• Impaired skin sensation;
• Circulatory problems;
• Respiratory problems;
• Low muscle tone that impacts gross motor activities;
• Problems with sexual health; and
• Pain.

Both complete and incomplete spinal cord injuries can result in significant physical and emotional damages that change a person’s life.  If you have been injured in an accident that has caused you to endure problems associated with a spinal cord injury then you may be entitled to damages for your injuries.  It is, therefore, important to contact a spinal cord injury lawyer for more information about your potential recovery.

Dolan Law Offices, P.C. is a firm of Illinois Spinal Cord Injury Lawyers. We are committed to fighting for full and fair compensation for spinal cord injury victims.

One should be mindful of safe driving when their are motorcycles on the road.  In 2007, there were 5154 motorcyclist accident deaths, which was 10% of all traffic deaths.  Many times the driver of a car does not see the oncoming motorcylist at all or does not see the motorcylist in time to avoid an accident.

It is difficult to see motorcyclists because:

1. Car drivers look for other cars, not motorcyclists
2. Motorcyclists have smaller profiles which makes them hard to see in oncoming traffic
3. Motorcyclists change lanes frequently due to changing road conditions and traffic
4. Motorcyclists may not wear bright clothes or use their lights to make them visible
5. Motorcycles are concealed in blind spots and they tend to weave in traffic

Knowning why motorcycle accidents occur can help avoid them and avoid personal injuries to you or the motorcyclist.  Drivers should anticipate their movements and allow plenty of space.  Scan the road and use your mirrors and horn.  Motorcycles have the same rights as other vehicles on the road.  Motorcycle accidents occur because:

1. Motorcycles ride alongside car lanes and can be out of view of the cars and accidents occur when car drivers change lanes
2. When the road is wet or icy, the motorcycle’s ability to brake are impaired
3. Drivers make left turns in front of motorcycles at intersections when the motorcycle is attempting to pass the car
4. When the road has potholes or railroad tracks, a motorcycle will need to change lanes quickly
5. Strong winds can push motorcycles into other lanes of traffic
6. Large vehicles have blocked views of motorcyclists and they may appear out of nowhere

In Texas, motorcyclists and passengers are required to wear a helmet unless they are 21, have completed a training and  safety course approved by Texas DPS OR are covered by health insurance that provides at least $10,000.00 in medical benefits for motorcycle accident personal injuries.

Although not required, motorcyclists should also wear protecive clothing such as gloves, jackets, boots, and long pants to avoid personal injuries in motorcycle accidents in Texas.