You didn’t expect today to end with a trip to the emergency room. One moment, you were crossing the parking lot outside a Dallas shopping center. The next, a car backed into you without warning, leaving you bruised, shaken, and wondering what happens next.
Many people across Dallas-Fort Worth find themselves in similar situations after accidents—hurt, stressed, and unsure if they even have the right to pursue a personal injury claim. Knowing whether you have a valid case often comes down to a few key factors.
1. Someone Else Was Negligent
Personal injury claims are built on the concept of negligence. In plain English, negligence happens when someone fails to act with reasonable care and causes harm as a result.
Ask yourself:
- Was someone careless, reckless, or failing to follow basic safety rules?
- Did they do something (or fail to do something) that created a danger?
- Would a reasonable person have acted differently under the circumstances?
Examples include a driver texting instead of watching the road, a store owner ignoring a wet floor, or an apartment manager failing to fix broken stair rails. If you can show that another person or company acted negligently, you may have the foundation for a strong personal injury case.
2. Their Negligence Directly Caused Your Injury
It’s not enough that someone acted carelessly—you must be able to connect their behavior directly to your injury.
In other words, you must show that:
- The accident caused you to suffer actual harm (not just a close call or inconvenience),
- Your injuries wouldn’t have happened if the other party had acted properly.
For example, if a store in Fort Worth failed to clean up a spill and you slipped, breaking your wrist, the link between negligence and injury is evident. On the other hand, if you saw the spill, walked around it safely, and later tripped over your shoelaces, that would not support a claim.
3. You Suffered Actual Damages
Damages are the losses you experienced because of your injury. They can include things like:
- Medical bills for treatment and rehabilitation
- Lost wages if you had to miss work
- Pain and suffering related to the physical and emotional toll of the accident
- Future costs, like ongoing therapy or reduced earning ability
If you were hurt but didn’t seek medical treatment, missed no work, and suffered no lasting harm, it may be difficult to pursue a meaningful claim. But if you have actual, documented losses tied to the accident, it strengthens your case considerably.
4. Timing Matters: Don’t Wait Too Long
Texas law places strict deadlines on personal injury claims. Generally, you have 2 years from the date of the accident to file a lawsuit. Missing that window could mean losing your right to seek compensation altogether.
Even if that sounds like a long time, it’s best to start gathering evidence, medical records, and witness statements as soon as possible. In growing cities like Dallas and Fort Worth, evidence can disappear quickly, and witnesses can be more challenging to track down over time.
5. Every Case Is Different—Don’t Assume
One mistake people make after an accident is assuming they don’t have a case because they’re unsure if their injuries are “serious enough.” The truth is, even injuries that seem manageable at first can develop into long-term problems. Back pain, knee injuries, concussions, and emotional trauma like PTSD can all worsen over time.
Don’t rely on gut feelings or internet searches alone. Getting an objective evaluation of your case, based on medical facts and legal standards, is the best way to protect yourself.
Talk to a Dallas-Fort Worth Personal Injury Attorney
If you were injured in an accident in Dallas-Fort Worth, Rochelle McCullough is here to listen to your story, assess your situation, and fight for the justice you deserve. Our team understands how overwhelming the aftermath of an accident can be, and we are committed to helping you get answers and results. Contact us today to schedule your free consultation.