Blogs - McKinney Personal Injury Lawyer

Can You Sue for Emotional Distress in Texas?

Personal injury victims often experience physical injuries or damages, such as bodily injury or property damage. Although physical damages may be easier to measure, the law also recognizes non-physical damages in the form of emotional distress or mental anguish. Emotional distress is the extreme mental anguish caused by the defendant, and the Texas courts differentiate between two types of emotional distress. In Texas, you may not bring a claim for emotional distress caused by a defendant’s negligence unless you also have a personal injury claim for a physical injury against the defendant as well. On the other hand, you may bring a claim against a defendant for emotional distress when the emotional distress was intentionally caused by the defendant’s actions.

If you have been physically injured by a defendant’s negligence, you may be able to pursue compensation for both the physical injury and any emotional distress you have suffered as a result of such injury. You will need to gather relevant evidence that will help prove the extent of your emotional distress. With the assistance of a skilled personal injury lawyer, you may be able to recover the maximum amount of compensation you deserve for your suffering.

What Are the Types of Emotional Distress?

There are two types of emotional distress in Texas personal injury cases. Negligent infliction of emotional distress (NIED) occurs when the victim’s mental anguish is caused by the defendant’s negligence. For example, whenever a defendant negligently causes a victim’s physical injury, the victim may also suffer mental anguish along with the physical injury. On the other hand, intentional infliction of emotional distress (IIED) occurs when the victim’s severe mental anguish is caused by the defendant’s intentional actions. IIED most commonly occurs when a defendant intentionally commits a violent crime against the victim. Typically, NIED is more common than IIED.

In Texas, you may only pursue compensation for NIED if you are already bringing a personal injury claim against the defendant for a physical injury. NIED claims cannot be brought completely alone; therefore, you must seek damages for a physical injury if you wish to recover for NIED in your personal injury case. Unlike with NIED, you may bring a claim for IIED against a defendant without needing an additional claim for a physical injury. Because most cases involve NIED rather than IIED, it is important that you understand the requirements for pursuing compensation for NIED.

What Kind of Evidence Do You Need When Suing for Emotional Distress?

When you bring a claim for emotional distress, you must prepare evidence that supports your case. Working with an experienced personal injury lawyer is essential if you want to build the strongest case against the defendant. Many victims bring NIED claims because they are experiencing mental anguish as a result of their physical injury. Typical evidence of emotional distress includes, but is not limited to, the following:

  • Detailed medical records that show the extent of your injuries
  • Photographic evidence of the severity of your injuries
  • A journal you have kept since your injury that relays the pain and suffering you experience daily
  • Photographic evidence of the accident scene that shows how traumatic the accident was for you
  • Expert testimony from a physician or psychologist

Many victims of severe injuries also experience mental anguish as a result. For example, victims may not be able to enjoy the activities they once loved, or they may live in constant fear of experiencing the same trauma again. If you have emotional distress as a result of a negligent defendant, you may be able to bring a claim for NIED along with your personal injury claim for the physical injury itself. Although less common, you may be able to bring a claim for IIED if you are able to prove that the defendant’s actions were intentionally meant to harm you and also caused you severe emotional distress.

Reach out to Dale R. Rose, PLLC Today to Discuss Suing for Emotional Damage in Your Personal Injury Case

Living with emotional distress caused by someone else’s actions negatively impacts a victim’s quality of life. Victims deserve to be compensated for both their physical and non-physical damages. Texas law recognizes both NIED and IIED as legitimate claims that may be brought against a defendant, but victims must also bring a claim for a physical injury if they want to recover for NIED. You should consult with an attorney if you wish to pursue compensation for your emotional distress. Our experienced personal injury lawyers are ready to discuss your case today.

At Dale R. Rose, PLLC, we care about helping you obtain the compensation you deserve for your mental anguish. To schedule a consultation, please call (972) 634-ROSE (7673) or fill out our contact form.

How Are Trucking Accidents Different From Car Accidents?

Truck accidents often result in much more catastrophic injuries and damages than those seen in car accidents. This heightened risk is tied to factors unique to trucks, like their massive size and weight, along with strict regulations governing the trucking industry.

At Dale R. Rose, PLLC, we understand the devastating impact that truck accidents may have on victims. Our Texas-based firm is not just a legal entity but a dedicated ally for those affected by truck accidents. We dedicate generous time to each client to fully understand their case and obtain the results they need to move forward after suffering injuries.

Impact of Size and Weight Differences in Truck and Car Accidents

When a large commercial truck collides with a car, the damage is often far more significant than in a typical car accident. Fully loaded trucks can weigh up to 80,000 pounds, compared to a standard passenger vehicle’s 3,000-4,000 pounds. This colossal weight difference frequently leads to devastating damage and severe, life-altering injuries for those involved in truck accidents.

For victims, this means higher medical costs and longer recovery times. Along with the physical harm, the mental and emotional toll may be long-lasting. Understanding these higher stakes helps explain why trucking accidents require specialized legal knowledge and a strategic approach to achieving fair compensation.

Federal Regulations in Trucking Accidents

Unlike car accidents, trucking accidents involve strict federal regulations that govern the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) sets rules for truck maintenance, driver working hours, and safe operation on the road. These rules are in place to minimize risks linked to the size and weight of commercial trucks.

When a trucking accident occurs, legal teams will often examine whether any federal violations contributed to the accident. Violations such as excessive driving hours may impact liability in a claim. A knowledgeable injury attorney will help victims gain insights into whether these regulations may have played a role in their truck accident.

Understanding Liability in Complex Trucking Accidents

In trucking accidents, liability may extend beyond just the driver. Depending on the situation, multiple parties may share responsibility, including:

  • Cargo loaders
  • The driver
  • The trucking company
  • Vehicle manufacturers

Keep in mind that each party’s insurance companies may dispute responsibility. Having a skilled attorney in your corner alleviates the weight of gathering evidence and negotiating with liable parties to secure the full and fair compensation you deserve.

Severity of Injuries in Trucking Accidents

In trucking accidents, injuries are usually more severe than those in car accidents due to the significant difference in size and weight.

Victims may sustain injuries such as:

  • Fractures
  • Internal bleeding
  • Spinal cord damage
  • Traumatic brain injuries (TBI)

When filing a truck accident injury claim, it is vital to consider future medical needs and the potential for a diminished quality of life. When pursuing compensation, a seasoned lawyer will consider these factors, ensuring the settlement or court award covers current and anticipated medical costs.

Why Time Matters: Filing Deadlines for Trucking Accident Claims

In Texas, victims of truck accidents have a two-year statute of limitations to file a claim. Missing this deadline may prevent victims from recovering compensation, which is essential given the financial strain from medical bills and lost wages. Acting within this timeframe helps ensure access to legal options for covering these expenses.

Additionally, key evidence may be lost if not collected soon after the accident. Trucking companies may discard driver logs or maintenance records, which could reveal critical details about the accident’s cause. Preserving this evidence early on strengthens the case and supports fair compensation for the victim.

Contact the Truck Accident Lawyers at Dale R. Rose, PLLC Today

A seasoned truck accident attorney understands the unique challenges of handling these complex cases. From federal regulations to gathering essential evidence, a skilled lawyer will build a strong case to secure the compensation you deserve after suffering from another party’s negligence.

If you’ve been involved in a trucking accident in Texas, get prompt legal guidance from Dale R. Rose, PLLC. Our firm has been supporting victims of truck accidents for more than 25 years, and we’re ready to fight for you, too. Contact Dale R. Rose, PLLC, to speak with a knowledgeable Texas truck accident lawyer about your case. Call us today at (972) 634-ROSE (7673) or complete a contact form to schedule a free consultation and take the first step toward justice.

How to Prove Negligence in a Car Accident Claim

When you’ve been involved in a car accident that wasn’t your fault, you may feel the weight of financial and emotional strain. Questions about medical bills, property damage, and lost income may feel overwhelming, especially when you’re faced with proving that the other driver was at fault. You must demonstrate that the party’s careless actions led to the accident and your injuries to pursue compensation in a Texas car accident claim. Understanding how to establish this negligence provides a sense of relief, helping you better prepare for your claim.

Dale R. Rose, PLLC, has the experience necessary to help injured victims successfully manage the complexities of a car accident claim. With extensive knowledge of the state’s personal injury laws, Dale Rose will help you gather evidence, interpret legal standards, and present a strong case in pursuit of fair compensation. 

Elements of Negligence in a Car Accident Claim

You must establish four essential elements to prove negligence in a Texas car accident case. Each component plays a crucial role in demonstrating that the other driver’s actions led to your injuries, and meeting all four is necessary for a successful claim.

Duty of Care

In Texas, every motorist has a legal obligation to operate their vehicle safely and responsibly. This “duty of care” involves following traffic laws and taking reasonable steps to avoid harm to others on the road. When drivers adhere to speed limits, stop at signals, and remain attentive, they fulfill this duty of care. Establishing this first element shows that the other party was expected to act in a way that protected your safety.

Breach of Duty

A “breach of duty” occurs when a driver fails to meet this standard of care. Examples of a breach include driving under the influence, ignoring traffic signals, or engaging in distractions like texting while driving.

You must show that the other driver did not act responsibly or follow the rules to prove a breach of duty. Establishing this element is critical to demonstrating that the other driver’s behavior fell short of what is expected.

Causation

Proving causation means showing that the other driver’s neglect to follow traffic rules and drive responsibly led to the accident and your injuries. It isn’t enough to show that the driver acted irresponsibly; you must also connect that behavior to the crash. This connection is sometimes complex, particularly if other factors could have contributed to the accident. However, proving causation helps establish a link between the driver’s actions and your injuries.

Damages

Finally, you must demonstrate that the accident resulted in tangible physical, financial, or emotional damages. These may include:

  • Medical expenses
  • Loss of income
  • Property damage
  • Pain and suffering

Without demonstrating these elements, your claim may lack the foundation for success. However, a knowledgeable attorney will help you illustrate each element in your case, ensuring that every aspect of negligence is thoroughly proven. This support will give you the confidence you need to pursue your claim.

What Types of Evidence Is Collected to Establish Liability?

Proving negligence requires a solid collection of evidence that supports your claims. Evidence substantiates your side of the story and helps establish that the other party was responsible for the accident.

  • Police report: This documentation includes essential details regarding the cause of the accident, witness statements, and whether traffic citations were issued at the scene
  • Photographs and video footage: This evidence from the accident scene, particularly of vehicle damage, road conditions, and injuries, helps illustrate the severity of the crash
  • Witness statements: These testimonies may help establish the other driver’s actions leading to the accident

Gathering these types of evidence early on is crucial. It strengthens your claim and provides unmistakable proof of the other driver’s negligence.

Contact an Experienced Car Accident Lawyer to Pursue Your Claim

Recovering from car accident injuries is physically and emotionally draining. By seeking skilled legal representation, you can prioritize your health and well-being while a dedicated attorney handles the legal aspects of your claim. Relying on the experience of a Texas car accident lawyer gives you the best possible chance for a fair and successful outcome.

If you or a loved one has been injured in a Texas car accident, contact Dale R. Rose, PLLC. With over 25 years of experience in personal injury law, we are committed to fighting for the justice and compensation you deserve. For a free consultation to discuss the details of your case, please call us at (972) 634-ROSE (7673) or complete our contact form.

Calculating Future Medical Expenses in Catastrophic Injury Cases

In the aftermath of a catastrophic injury, the road to recovery may be long and fraught with challenges, particularly when it comes to understanding the financial implications of ongoing medical care. One of the most important elements in these cases is accurately calculating future medical expenses. This process is not only essential for ensuring that victims receive the compensation they deserve, but it also impacts their quality of life.

When you or a loved one sustains a life-altering injury, the immediate focus is often on acute care and rehabilitation. However, as time progresses, the reality sets in that ongoing medical needs may arise, including surgeries, therapies, medications, and potential long-term care. These expenses may accumulate significantly, making it crucial to have a clear and comprehensive assessment of future costs. 

Working with an experienced attorney, such as attorney Dale Rose, makes a substantial difference in navigating these complex legalities. An attorney well-versed in catastrophic injury cases understands the intricacies involved in projecting future medical expenses, from factoring in inflation to considering specialized care needs. 

Examples of Future Medical Expenses Related To Catastrophic Injuries

Future medical expenses in catastrophic injury cases encompass a wide range of medical treatments and ongoing care. For instance, individuals who have suffered traumatic brain injuries may require extensive rehabilitation therapy, medications, and specialized medical equipment. Similarly, those who have experienced severe spinal cord injuries might need long-term assistance, including home modifications, physical therapy, and regular medical check-ups to manage their condition.

In addition to these specific examples, other future medical expenses may include costs associated with pain management treatments, psychological counseling, and follow-up surgeries. As the need for extensive medical care grows, so too do the medical bills, making it imperative for victims to consider future medical costs when calculating compensation. Each case is unique and requires careful evaluation to ensure that all potential future expenses are accounted for in a personal injury claim.

What Types of Personal Injury Lawsuits Call for Future Medical Expenses?

Future medical expenses are a significant factor in many types of personal injury lawsuits, particularly those involving catastrophic injuries. Common scenarios include car accidents, where injuries may lead to prolonged rehabilitation and ongoing medical treatment. Slip-and-fall incidents also often result in injuries that necessitate future medical care, such as surgeries or extended physical therapy. Medical malpractice cases frequently involve complex medical needs, as victims may require additional procedures and specialized treatment to address the consequences of negligent care. 

Calculating Future Medical Expenses

Calculating future medical expenses involves a thorough assessment of the injured party’s current medical condition and an estimation of ongoing costs. Typically, this calculation requires input from medical professionals who provide insight into the likely course of treatment for the injury sustained. For instance, if an individual has sustained a catastrophic injury, it may be necessary to project costs over several years or even a lifetime, depending on the expected recovery process.

Additionally, factors such as inflation and potential changes in healthcare needs must also be accounted for. By working closely with legal and medical experts, you can ensure that your personal injury claim accurately reflects the financial burden of future medical expenses. An experienced personal injury lawyer will gather the necessary documentation and present a compelling case for compensation for future medical costs in your injury settlement.

Factors Used to Calculate Future Medical Costs

Several key factors are used to calculate future medical costs of a catastrophic injury. One major factor is the nature of the injury itself, as different injuries come with varying medical expenses. For example, a traumatic brain injury often necessitates more extensive ongoing medical treatment than a simple fracture.

Another important consideration is the injured party’s age and overall health prior to the injury. Younger individuals or those in good health may have different medical needs and, therefore, different costs than older individuals or those with pre-existing conditions. The availability of insurance coverage and potential out-of-pocket costs also significantly influence the calculation of future medical expenses. 

Schedule a Consultation With Dale Rose to Discuss Your Personal Injury Case

If you or a loved one has been involved in a catastrophic injury case, it’s essential to approach the situation with the right legal support. Contact Dale Rose, an experienced personal injury attorney, to discuss your personal injury case and how to navigate the complexities of calculating future medical expenses. Dale Rose’s law office offers a free consultation to evaluate your circumstances and provide guidance throughout the legal process.

By working with an attorney who understands the nuances of personal injury law, you may effectively advocate for your rights and ensure that your future medical expenses are fully accounted for in your injury settlement. Call Dale R. Rose, PLLC at (972) 634-ROSE (7673) or complete our contact form

How to Pursue Compensation for Road Rash After a Motorcycle Accident

Motorcycle accidents often result in serious injuries that leave lasting scars, both physically and emotionally. One common injury that many motorcyclists face is road rash, a painful condition that occurs when the skin is scraped against a rough surface, typically asphalt.

If you or a loved one has suffered road rash due to a motorcycle accident, it is a good idea to understand your rights and the potential for compensation. Attorney Dale Rose understands the complexities involved in motorcycle accident claims and is dedicated to helping victims like you seek the compensation they deserve. 

What Is Road Rash?

Road rash refers to the abrasion of the skin that occurs when a motorcyclist falls onto the road surface during an accident. This type of injury may range from mild scrapes to severe wounds, depending on the impact and the nature of the road. In the case of first-degree road rash, only the outer layer of skin is affected, resulting in minor irritation and discomfort. However, as the severity increases, second-degree and even third-degree road rash may lead to significant damage, requiring medical intervention such as skin grafts. The implications of road rash extend beyond physical pain, often impacting mental health and overall quality of life.

First-degree road rash might heal quickly, while second-degree and third-degree injuries may leave lasting scars and require extensive medical treatment. It’s worth noting that the psychological toll may be just as significant as the physical injuries, necessitating a comprehensive approach to recovery and compensation.

Road rash is commonly caused by a variety of factors associated with motorcycle accidents. One prevalent cause is a lack of protective gear, which may lead to severe road rash when a rider falls. Some road conditions, such as gravel, wet surfaces, or uneven pavement, may exacerbate the severity of the injury in a motorcycle accident. Inattentive drivers, hazardous weather conditions, and mechanical failures also contribute to accidents that result in road rash. 

Road Rash Complications

Road rash injuries may lead to various complications, particularly when not treated appropriately. Infections are a significant risk, especially with more severe injuries that expose the deeper layers of skin. Complications may also arise in the form of scarring, which may have both physical and emotional repercussions. Patients with serious road rash may require ongoing medical care, including skin grafts, to restore their skin’s appearance and function. 

The emotional impact of road rash complications should not be overlooked. Many individuals experience anxiety or depression following their injuries, particularly if they are dealing with disfiguring scars. 

How a Lawyer Can Help After Suffering Road Rash

Hiring an experienced motorcycle accident attorney is pivotal when navigating the complexities of pursuing compensation for road rash. A skilled lawyer helps victims understand their rights and the processes involved in filing an injury claim. They gather necessary evidence, such as medical records and accident reports, to support the case, ensuring that all aspects of the injury are documented. Additionally, a motorcycle accident lawyer negotiates with insurance companies on behalf of the victim, advocating for fair compensation.

A knowledgeable attorney provides valuable insights into the potential value of an injury claim. They assess the severity of the road rash, factoring in medical expenses, lost wages, and pain and suffering. 

Compensation for Road Rash

Victims suffering from road rash after a motorcycle accident may be entitled to various forms of compensation. This may include medical expenses related to treatment, rehabilitation, and any necessary surgeries, such as skin grafts. They may also receive compensation for pain and suffering, including emotional distress caused by the injury.

The calculation of compensation for road rash injuries often considers numerous factors, including the severity of the injury, the degree of negligence involved in the accident, and the long-term impact on the victim’s life. Victims should be aware of their rights and the potential for compensation for their motorcycle accident injuries. Discussing what happened with a personal injury attorney will provide clarity on the types of compensation available, helping victims seek the justice they deserve.

Schedule a Consultation with Personal Injury Attorney Dale Rose

If you or a loved one has suffered road rash from a motorcycle accident, take action quickly. Scheduling a consultation with personal injury attorney Dale Rose is the first step toward seeking the compensation you deserve. With extensive experience handling motorcycle accident cases, Dale Rose understands the unique challenges faced by victims of road rash injuries. He is committed to advocating for his clients and ensuring they receive the fair compensation they are entitled to.

Dale Rose’s approach to personal injury cases emphasizes compassion and understanding, recognizing the emotional and physical toll of road rash injuries. By providing personalized legal guidance, he helps victims navigate the complexities of the legal system and their injury claims. Call Dale R. Rose, PLLC at (972) 634-ROSE (7673) or use our contact form.

Legal Remedies for Hit-and-Run Motorcycle Accidents

Motorcycle accidents are often devastating, both physically and emotionally, and when such incidents involve a hit-and-run, the aftermath may be even more overwhelming. Riders often face not only the immediate consequences of their injuries but also the challenge of seeking justice and compensation from a driver who has evaded responsibility. Understanding the legal remedies available to victims in these unfortunate circumstances is crucial to navigating the complexities of the law and ensuring that one’s rights are upheld.

In many jurisdictions, hit-and-run accidents are treated with the utmost seriousness, reflecting the legal system’s commitment to holding reckless drivers accountable. Victims are encouraged to pursue various avenues of compensation, which may include uninsured motorist coverage, personal injury claims, and even pursuing claims against the at-fault driver if their identity becomes known. Dale Rose understands that the emotional toll of such accidents is profound, as victims grapple with not only their physical injuries but also the sense of violation that comes from being abandoned in a moment of crisis.

Legal Options After a Hit-and-Run Accident

After a hit-and-run accident, the first step for an injured motorcyclist is to understand their legal options. In many cases, victims file a claim with their own insurance company, particularly if they have uninsured motorist coverage. This coverage provides financial relief for medical expenses and property damage resulting from the negligent actions of the fleeing motorist. If the negligent driver is identified, victims may also pursue a lawsuit against them for any damages incurred.

Contacting a motorcycle accident lawyer may significantly enhance a victim’s chances of recovering compensation. An experienced motorcycle accident attorney helps navigate the complexities of insurance claims and legal proceedings, ensuring that your rights are protected. They assist in gathering evidence, such as police reports and witness statements, which are essential in establishing liability and supporting your case in a lawsuit.

Seeking Damages From the Insurance Company

When pursuing damages from the insurance company, file a claim promptly. Insurance companies often require that claims be submitted within a specific timeframe following the accident. By gathering all necessary documents, including medical expenses and proof of property damage, victims may build a strong case for compensation. Having a clear understanding of the terms of your policy, especially regarding uninsured motorist coverage, is also important during this process.

If the insurance company denies the claim or offers an inadequate settlement, victims may need to consider filing a lawsuit. Working with a motorcycle accident attorney will help ensure that all aspects of the claim are addressed and that the victim’s rights are upheld. An attorney will negotiate with the insurance company on behalf of the victim, advocating for a fair resolution that covers all damages incurred from the hit-and-run motorcycle crash.

Types of Compensation Available to Hit-and-Run Accident Victims

Victims of hit-and-run motorcycle accidents may be entitled to various types of compensation, depending on the extent of their injuries and damages. Common forms of compensation include medical expenses, lost wages, and property damage. Medical expenses may encompass hospital bills, rehabilitation costs, and any ongoing treatment needed for recovery. 

In addition to these expenses, victims may also seek compensation for pain and suffering. This may include emotional distress resulting from the accident and its aftermath. A motorcycle accident attorney helps victims evaluate the potential damages they may be entitled to and ensures that all claims are filed correctly and within the required time frame. By pursuing all available compensation, victims may alleviate some of the financial burdens associated with their injuries and focus on recovery.

Statute of Limitations for Personal Injury Claims

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. This means that victims of hit-and-run motorcycle accidents have a limited time frame to file a lawsuit to recover compensation for their injuries. 

Consulting with an experienced motorcycle accident lawyer as soon as possible will help victims understand their legal rights and obligations. Failure to file within this period may result in the dismissal of the case, leaving victims without any recourse for their injuries.  

Contact a Personal Injury Lawyer Today

If you have been injured in a hit-and-run motorcycle accident, contact a personal injury lawyer as soon as possible. An experienced motorcycle accident attorney will provide you with the knowledge and resources needed to navigate the legal complexities of your case. They will help you understand your rights and gather the necessary evidence to support your claim for compensation.

Having a legal professional on your side alleviates much of the stress associated with dealing with insurance companies and legal proceedings. They negotiate on your behalf to ensure that you receive the compensation you deserve. Don’t hesitate to reach out to Dale Rose to discuss your situation and explore your options for recovery. Call Dale R. Rose, PLLC at (972) 634-ROSE (7673) or use our contact form

3 Reasons You Need a Texas Motorcycle Accident Lawyer

After a motorcycle accident in Texas, the legal and financial aftermath is often overwhelming. This is where a lawyer is most helpful. From dealing with uncooperative insurance companies to conducting thorough investigations, a knowledgeable lawyer ensures that your rights are protected and you receive the compensation you deserve after an accident.

Working with experienced legal professionals, like those at Dale R. Rose, PLLC, helps safeguard your financial future. By managing communication with insurers and filing personal injury claims, we reduce the stress and complexities involved in recovery, allowing you to focus on healing. Here are three key reasons you need a Texas motorcycle accident lawyer:

1. Texas Motorcycle Accident Lawyers Prevent Insurance Companies From Compromising Your Rights

Unfortunately, insurance companies don’t want to honor their clients’ policies. Most insurance providers will go to extremes to deny their clients the financial support they need to recover from an accident. Some insurance companies even have built-in biases against motorcyclists and motorcycle accidents.

Working with a Texas motorcycle accident lawyer allows you to stay one step ahead of the bad faith tactics an insurance company may use to deny you the support you deserve after an accident. Our team will oversee your conversations with a provider and make sure that:

  • An insurance claims adjuster doesn’t wrongfully ask for a statement about your losses
  • No one slows down your claims filing process
  • You don’t make small mistakes when filing a claim that might delay your recovery
  • No one compromises your right to pursue a personal injury claim at a later date

If you don’t get the support you deserve from an insurance company, don’t panic. You have other means through which you may financially recover from an accident. Our attorneys will begin building a personal injury claim on your behalf while you’re still in conversations with an insurance company.

2. Texas Motorcycle Accident Lawyers Protect Your Right to Comprehensive Accident Compensation

We believe you have the right to a settlement that fully encompasses all of your losses. When you file an insurance claim, you only stand to receive damages based on your economic losses — and even then, your insurance company will do everything in its power to reduce your settlement.

Filing a motorcycle accident claim allows you to recover support based on your economic and non-economic losses. We find the value of losses like your pain and suffering or stress and include them in our final estimate of your case’s value.

Our representation will help ensure that a liable party doesn’t minimize the value of the losses included in your claim. In other words, we may help you walk away from a motorcycle accident case with a settlement that not only pays your bills but helps stabilize your finances.

3. Texas Motorcycle Accident Lawyers Conduct Case Investigations

Unfortunately, you likely don’t have time to begin an investigation into the negligence that caused your motorcycle accident. Even if you do have the time, you’re dealing with new injuries, and you don’t have the experienced eye to find hidden evidence at a crash site.

This is where our Texas motorcycle accident attorneys come in. We have decades of legal experience that we put to work on your behalf. That experience helps us scan crash scenes for physical debris, evidence of environmental damage, and other data that will help build your case against a bad actor.

We will also work with other industry professionals to gather the electronic data, photos, videos, and witness statements needed to build your case. All the while, you may prioritize your health and focus on going back to work.

Our Texas Motorcycle Accident Lawyers Offer Free Consultations

At Dale R. Rose, PLLC, we know every trick that insurance companies will try to use to deny you accident support. That’s why we offer to go to work for Texas survivors. We want you to get the financial aid you need to pay your bills and get back on the road. Count on our team to conduct a comprehensive, professional investigation of your losses without compromising your right to recover. Our efforts make it easier for you to focus on your health and wellness without sacrificing your right to a case.

Are you ready to learn more about what our Texas motorcycle accident lawyers do? Call (972) 634-ROSE (7673) or contact us online to book a free consultation.

Seeking Damages After a DUI Accident in Texas

Being involved in a DUI accident is a life-altering experience, leaving victims with significant physical, emotional, and financial burdens. In Texas, victims of DUI accidents have the right to seek compensation for their losses through a personal injury claim. This legal avenue is separate from any criminal proceedings against the at-fault driver, allowing victims to pursue damages for medical expenses, property damage, lost wages, and pain and suffering.

Filing a claim after a DUI accident in Texas can be a complex process, especially when dealing with insurance companies and legal deadlines. At Dale R. Rose, PLLC, we provide crucial support by gathering evidence, calculating the value of your claim, and representing your interests in or out of court. 

Your Right to Seek Damages After a DUI Accident in Texas

Under Texas law, you have the right to hold bad actors financially liable for your losses. You may do so by filing a personal injury claim against the party responsible for your DUI. Notably, a personal injury claim is not the same thing as a criminal charge. 

However, a DUI accident lawyer in Texas may help you calculate the value of the damages you deserve after an accident with a negligent driver. So long as we file your claim before your statute of limitations expires, we have the right to take your negligent party to civil court. 

Finding Evidence of Fault

You need to meet Texas’s burden of proof if you want to move a DUI case forward in civil court. Fortunately, working with a DUI accident lawyer allows you to connect with professional investigators. Those investigators may return to the accident scene and reach out to their contacts to gather:

  • Electronic data relevant to your accident
  • The results of field sobriety tests and chemical tests
  • Statements from bartenders, friends, and accident witnesses
  • Expert witness statements
  • Physical debris from your accident
  • Photos and video footage of the accident

All of this data becomes the foundation on which we build your fight for compensation. The data specifically tells the story of what negligence led to your accident, how the liable party violated the duty they owed you, and what damages you subsequently deserve.

Determining the Value of Your Case

You have an obligation to calculate the value of the DUI case you plan to bring forward in civil court. Fortunately, personal injury cases allow you to recover damages based on more than your economic losses. You also have the right to include the value of losses like your pain and suffering or mental anguish in your request for support.

We add the value of those damages to the cost of your property damage, essential medical services, and lost wages. Doing so allows us to find the total value of your case. We may then refer back to those calculations when arguing for your right to compensation in or out of civil court.

If you take your case to civil trial, a judge may opt to award you punitive damages based on the gross negligence that led to your DUI accident. However, we can’t factor the alleged value of those damages into your initial claim. Likewise, you won’t receive punitive damages if your case doesn’t go to trial.

Going to Trial or Fighting in Private: How to Get the Damages You Deserve

You are under no obligation to go before a judge or jury when it comes time to act on your losses. Filing a personal injury claim doesn’t lock you into trial proceedings. If a liable party recognizes the damage they did to your property and person, you may arrange out-of-court negotiations for the settlement you deserve.

We recommend having a Texas DUI lawyer present for these negotiations. We may keep the conversation centered on your right to recover and prevent a liable party from intimidating you out of legal action.

If you’d prefer to forgo negotiations in favor of a civil trial, we may move you into discovery shortly after completing your claim. You may count on our representation throughout your case and even after, should you need to appeal a judge’s decision about your right to recover.

It’s Time to Get Justice for a DUI

You deserve justice after a DUI accident. While the state fights to hold a negligent driver criminally responsible for your losses, our Texas DUI accident lawyers may advocate for you in civil court. Our efforts may see you compensated for the economic and non-economic losses you sustained due to someone else’s negligence.
Our team has decades of combined legal experience advocating for Texans in need of civil support. Don’t let your case’s statute of limitations expire before you take action. Book a free DUI case consultation with our team today. Call (972) 634-ROSE (7673) or contact us online to get started.

Texas Highways and Roads With High Percentage of Accidents

Texas’s highways and interstates are only as dangerous as the people on the road make them. Unfortunately, there are some areas that put drivers at more risk than others. It’s helpful to know which roads have the highest percentage of accidents so you may protect yourself from avoidable injuries.

Fortunately, there are means to recover available to you if you get into an accident on Texas’s most dangerous highways. Our car accident lawyers may help you identify the road you got hit on and take action accordingly. With that in mind, let’s break down the known dangers that may put you at risk while driving through the Lonestar State.

What Are The Most Dangerous Highways and Roads in Texas?

When driving through Texas, make sure you take particular care when operating on:

I-45

Texas’s I-45 has the distinct honor of not only being the most dangerous road in Texas but the second-most dangerous interstate in the United States. You’ll drive on this interstate if you’re trying to get anywhere between Houston, Dallas, and Galveston. 

Drivers in Harris County need to take particular care, as the report found that stretch of interstate represents the greatest danger to drivers. Speeding over bad road conditions and uncontrolled interactions with construction crews have led to several fatal accidents over the years.

However, many drivers accidentally endanger one another. Drivers interacting with semi-trucks, farming equipment, and larger vehicles may sometimes underestimate how dangerous it is to pass those vehicles. Unmonitored passing may endanger the passing driver, the large vehicle’s driver, and everyone else on the road.

I-35

Texas’s I-35 runs for over 400 miles through the state. Unfortunately, it also poses a considerable threat to driver safety thanks to the near-constant roadway construction. Drivers who can’t anticipate construction crews’ behaviors may find themselves involved in often fatal accidents.

U.S. Highway 83

Texas drivers also need to take a considerable amount of care on Highway 83, which runs through the Rio Grand Valley. Unfortunately, the long stretch of road often prompts drivers to speed. If drivers need to stop quickly or maneuver around slower-moving trucks, those high speeds may endanger everyone around them.

What Conditions Make Texas Roads Dangerous?

Texas has seen an unfair share of bad weather over the past several years. Unprecedented cold temperatures have done considerable damage to once-stable roads. Unfortunately, the poor condition of those roads and the subsequent construction to repair them may endanger even the most cautious drivers.

Certain interstates in Texas also suffer from improper construction, a lack of proper signage, and damaged protective materials like guardrails. All of these conditions pose a threat to driver safety.

However, it’s most often driver behavior that puts Texans at risk for serious injuries. Negligent speeding, passing, and distraction behind the wheel may see drivers involved in life-changing accidents. That’s why it’s important to remain focused on the road and to swap drivers when driving over longer stretches.

How to Recover After a Dangerous Highway Accident

You don’t have to handle things alone after a dangerous highway accident in Texas. If you think someone else’s negligence caused your crash, you may contact a car accident lawyer in Texas. Texas personal injury lawyers are here to help locals get back on the road to recover sooner rather than later.

At Dale R. Rose, PLLC, our team may specifically help you interface with insurance companies that may not recognize the full breadth of your losses. If an insurance company refuses to help you recover, we may file a personal injury claim in your name.

Personal injury claims make it easier for us to demand compensation based on your accident losses. These claims also allow us to hold negligent actors, including construction crews, automotive mechanics, and even government officials, financially responsible for your recovery.

You’re Not Alone After a Serious Highway Accident

You don’t have to try to recover from a dangerous highway accident alone. Dale R. Rose, PLLC, has decades of experience advocating for injured residents. We know which highways in the state see the most injuries from year to year, and we know how to challenge bad actors’ behaviors in civil court.

Working with our team allows you to argue for your right to damages based on your recent accident losses. If you’re ready to fight for the financial support you deserve, call (972) 634-ROSE (7673) or contact us online to schedule a free consultation.

Overview of Liability in a Construction Accident

Construction sites are inherently dangerous environments with multiple hazards at every turn. Heavy machinery, high scaffolding, and various trades working together may lead to serious accidents if something goes wrong. When these accidents occur, determining who is liable may be complex, as multiple parties may be involved. Liability in construction accidents typically depends on the nature of the incident and the relationships between workers, contractors, and property owners. Generally, liability may be assigned to one or more parties responsible for ensuring a safe work environment. Understanding these dynamics is crucial when determining who should be held accountable for any injuries sustained.

When it comes to determining liability, the relationships and responsibilities outlined in contracts, job roles, and safety regulations are key factors. While construction accidents may seem straightforward, the legal process of proving who was negligent requires careful analysis of the incident. Understanding the different entities involved, such as contractors, subcontractors, property owners, and equipment manufacturers, is essential in assessing fault. We assist in navigating this complex terrain to pursue fair compensation for your injury or loss.

How Liability Is Determined in Construction Accidents

In most construction accidents, liability hinges on determining which party was negligent in fulfilling their duty to maintain a safe environment. General contractors and site managers are often responsible for overseeing the entire operation, ensuring that safety protocols are followed by everyone on-site. However, subcontractors may also be liable if the accident was caused by their negligence while performing specific tasks. For instance, if a subcontractor fails to secure scaffolding, resulting in a collapse, they may be held liable for the injuries caused.

Liability extends beyond workers and management. Equipment manufacturers may be held responsible if defective machinery or tools contribute to an accident. In cases where faulty equipment is the cause, proving the defect directly led to the injury is necessary to establish liability. Additionally, property owners may also share liability if they knew—or should have known—of hazardous conditions and failed to address them, thereby contributing to the accident.

Determining liability requires a thorough investigation, which includes reviewing contracts, safety regulations, and inspection records. These documents may reveal whether any entity failed to meet its obligations. Witness statements, accident reports, and expert opinions may also be needed to build a compelling case. In these scenarios, having a legal advocate who understands the nuances of construction law is crucial to holding the appropriate parties accountable.

Understanding Third-Party Liability in Construction Accidents

Third-party liability plays a significant role in many construction accidents, especially when the injured party is a worker. Unlike workers’ compensation claims, where fault is not considered, third-party liability claims require showing that someone outside of the worker’s employer was negligent. These claims often involve subcontractors, equipment manufacturers, or other external parties who were responsible for contributing to unsafe conditions.

For example, if a contractor hires an external company to perform electrical work, and that company’s negligence leads to a worker’s injury, the injured worker may pursue a third-party claim against the electrical company. Similarly, if an equipment manufacturer supplies faulty machinery that causes harm, the injured party may hold the manufacturer liable. Third-party claims allow workers to seek damages beyond what is covered by workers’ compensation, including pain and suffering or punitive damages.

These cases often involve complex legal strategies, as multiple defendants may be involved, each with their own insurance and legal defenses. Identifying the appropriate party and proving negligence requires careful legal analysis and may involve multiple layers of negotiation or litigation. Understanding these dynamics is critical for anyone considering legal action after a construction accident.

What Happens When Multiple Parties Are Liable?

Construction accidents often involve situations where more than one party is liable, making these cases particularly challenging. In such scenarios, courts or settlements determine the proportion of liability each party holds. This principle, known as comparative negligence, allocates a percentage of fault to each liable entity based on their involvement in causing the accident.

For example, if a general contractor failed to provide adequate safety equipment and a subcontractor ignored established safety protocols, both may share liability. The court or negotiation process may determine that the contractor is 60% liable while the subcontractor is 40% liable. These percentages directly impact the compensation awarded to the injured party. Understanding how comparative negligence works is essential in maximizing potential recovery in these cases.

When multiple parties are involved, cases may become more protracted, requiring careful coordination of evidence, expert testimony, and legal strategy. This complexity underlines the importance of experienced legal representation to ensure that all responsible parties are held accountable.

How Dale R. Rose May Help You With Your Construction Accident Case

Construction accident cases require an attorney with both a comprehensive understanding of the law and practical experience in navigating complex liability scenarios. With over 25 years of experience and deep knowledge of how construction cases unfold, we at Dale R. Rose understand how to identify liable parties, negotiate with insurance companies, and litigate when necessary. We’ve handled cases involving multiple parties, defective equipment, and unsafe job sites, providing us with a thorough understanding of the tactics used by opposing counsel.

Our extensive courtroom experience, coupled with our history of representing both plaintiffs and defendants, gives us a unique advantage in preparing your case. We know how to build a strong argument backed by evidence, witness statements, and expert testimony. When you work with us, you’ll receive dedicated attention, aggressive representation, and a commitment to achieving the best possible outcome for your situation. Reach out to us today at (972) 634-ROSE (7673) or through our contact form.

Our Accreditation


Best Personal Injury Lawyers in McKinney
badges
badges
badges
badges
badges
badges
badges
badges
badges
badges

IBRIDGE law corporation