Understanding the Basics of a Personal Injury Lawsuit
The Law Firm of Roger "Rocky" Walton, P.C. has been practicing exclusively in the area of personal and bodily injury law in Arlington, TX, since 1987. Since 1994, Rocky Walton has been a board certified specialist in Personal Injury Trial Law by the Texas Board of Legal Specialization. Less than 3% of Texas lawyers can claim to be specialists in personal injury trial law.
We handle many kinds of injury law, as long as the injury was due to the intentional act, fault of another or the dangerous nature of the product or premises. Although located in Arlington, we accept personal injury lawsuit cases from all over Texas as long as the case meets our criteria for being a catastrophic injury or wrongful death case. We accept cases outside Texas as long as the injured party is a Texas resident.
If the case involves catastrophic bodily injury or death, we accept several types of car accident cases, car/truck collisions, boating accidents, dog bites, airplane crashes, motorcycle cases, school bus wrecks, train crashes, dangerous medical devices, bad drug cases, talcum powder cases, drunk driver cases, texting cases, pedestrian cases, dram shop cases, wrongful death cases, sexual assault cases, hazing cases, carbon monoxide poisoning, passenger claims, injury or death claims against the government, dangerous premises cases, and on the job third party claims or non workers compensation injuries. We are experienced in traumatic brain injury cases, RSD injuries, spinal injuries, and other injuries. Even if the case was an intentional act, there may be employer liability or substantial assets to cover the damages. If there is a life insurance policy that will not pay death benefits or accidental death benefits, we may be able to help. If a lawyer was negligent in handling a personal injury or wrongful death claim, we will consider making a professional negligence claim against the lawyer.
Our requirements for accepting a new case are (1) death or catastrophic injury, (2) intentional or negligent conduct, and (3) insurance coverage or substantial unencumbered assets from which to collect the judgment or settlement.
Most of our clients have trauma type injuries, such as spinal injuries, broken bones, joint injuries, brain injury, and internal injuries. Many of our clients have permanent injuries and will suffer from those the rest of their lives. Some of our clients must use a cane, walker, or wheel chair for the rest of their lives.
You can tell that the people at this office really enjoy helping people. They always try their best to do what they say they will do and are always honest. - Sicily B.
Our clients suffer catastrophic bodily injuries and are entitled to damages. These include damages for medical expenses in the past and future, lost of earning capacity for the past and future, impairment for the past and future, disability for the past and future, disfigurement for the past and future, pain and suffering for the past and future, mental anguish for the past and future, and other damages.
About 75% of our cases settle without the necessity of filing suit. Only about 5% of all our cases actually go to trial, because usually the insurance company makes a reasonable offer just before trial that is acceptable to our client. That means that about 95% of our cases settle rather than have the jury decide.
If we are unable to settle before litigation, we file a civil suit against the individual that is responsible. We are not allowed to sue his/her liability insurance company. If the case goes to trial, we are not allowed to tell the jury that the party even has insurance. If the case is against our client’s Uninsured/Underinsured Motorists coverage then we are allowed to sue the insurance company.
The party that files the suit is called the plaintiff. The suits are usually filed in State Court rather than Federal Court. The plaintiff has the burden of proving that the other party was at fault and more at fault than the plaintiff, by a preponderance or majority of the evidence. He also has to prove that the fault or negligence is what caused the injuries and that the event and the injuries were foreseeable. If the jury determines that the plaintiff was mostly at fault, the plaintiff will not receive any damages.
The case does not have to be decided by a jury. However, either side can request a jury and that is usually done by the insurance company of the defendant. In District Court, there will be 12 jurors and the plaintiff must convince at least 10 out of 12 jurors to answer the questions his way. In County Court or County Court At Law, there are six jurors and the plaintiff must convince at least five of the jurors.
Sometimes people come in to hire us when it is too late to make a claim. In Texas, the deadline to settle or file suit is normally two years. However, there are exceptions. If the injury happened in another state, the Statute of Limitations would be determined by the law of that state. Also note that if the claim is against a government entity, you must give notice of the claim according to the laws of that entity, which may be anywhere from 30 days to six months.
Call Law Firm of Roger “Rocky” Walton, P.C. now at (817) 429-4299 or toll-free at (888) 762-5988 for a free case evaluation. We handle accident cases in Arlington, Dallas, Fort Worth, Mansfield, and Texas.
Catastrophic Personal Injury
Catastrophic personal injury refers to any injury that has catastrophic and long-lasting implications. Examples include traumatic brain injury, paralysis, or loss of a limb. These conditions can require ongoing rehabilitation and impact virtually every aspect of a victim's life.
Accidents caused by driving while intoxicated or under the influence of drugs can be highly destructive. Even the use of prescription drugs can severely impair a person's ability to think clearly and drive safely. We can help victims pursue compensation for injuries resulting from a DWI accident.
Buses can cause considerable damage in an accident - both to other cars and to their own passengers. Rocky Walton and his team can help ensure that you or your loved ones receive proper compensation for injuries sustained in a bus accident.
When a loved one is killed as the result of another person's negligence, the results can be emotionally and financially devastating. Attorney Rocky Walton will fight hard to ensure that clients receive compensation for a wrongful death.
Unsafe drugs can still slip into the market, and the effects of these drugs can be devastating. If you or a loved one has been injured by the use of an unsafe prescription drug, Rocky Walton has the experience and resources to pursue cases against large pharmaceutical companies.
Texting while Driving
Texting while driving is now one of the leading causes of teenage death, exceeding even drinking and driving. Attorney Rocky Walton can pursue justice for clients or clients' loved ones who have been killed or injured because of a driver distracted by texting.
Injuries by Criminals
If you or someone you love is injured as the result of another person's criminal activities, pursuing legal justice can become complicated, very quickly. Attorney Rocky Walton and his team will help clients navigate these complexities to ensure that you receive appropriate compensation.
In April 2018, an engine exploded while a Southwest flight was in progress, killing one passenger and injuring several others. These types of accidents are rare but when they happen, they can have catastrophic consequences. Our attorneys can fight all types of airline companies on your behalf.
If you injured yourself after falling due to a spill or other hazard, you may be able to pursue compensation from the owner of the property where your injury occurred. Attorney Rocky Walton and his team can determine your case's legitimacy and represent your needs in court.
Trucks have enough momentum to cause catastrophic damage. As a result, truck accidents often result in catastrophic injury and death. Attorney Rocky Walton can help the victims of a truck accident determine the cause, as well as pursue the compensation they deserve.
Although hazing is illegal, it is still widely considered a rite of passage for many groups, from small groups of children to long-established fraternities or sororities. If you or a family member has been injured or killed by hazing activities, Rocky Walton can ensure that you receive compensation.
Defective Medical Devices
When medical devices malfunction, sometimes the effects can be catastrophic. Attorney Rocky Walton and his team can help victims secure the compensation they need to cover replacement surgery, medications, physical therapy, and other medical care costs.