Why Choose Us?
At Rochelle McCullough LLP, we bring decades of litigation experience to every case we handle. Our legal team is committed to protecting injury victims throughout the Dallas–Fort Worth area, combining legal skill with compassion and a strategic, results-driven approach. We understand the toll an injury can take—and we’re here to help you rebuild.
What sets us apart:
- Proven results in complex injury and wrongful death claims
- Deep knowledge of Texas personal injury law and DFW courts
- Direct attorney access—no case passed off to junior staff
- Full-service representation from initial investigation through trial
- Contingency fee structure—no recovery, no attorney’s fee
When your future is on the line, experience matters. Our team is ready to advocate for the outcome you deserve.
What Is a Personal Injury Claim in Texas?
A personal injury claim is a legal action filed by someone who suffers physical, emotional, or financial harm due to another party’s negligence or wrongdoing. In Texas, personal injury law allows victims to recover compensation from individuals, businesses, property owners, or manufacturers whose actions—or failures to act—led to preventable injuries.
To succeed in a personal injury claim, the injured party must prove that:
- The other party owed them a duty of care
- That duty was breached through negligence or misconduct
- The breach directly caused their injuries
- The injuries resulted in measurable damages
Personal injury cases in Texas are governed by specific rules, deadlines, and comparative fault laws, which is why working with a local attorney familiar with Dallas–Fort Worth courts can make a difference.
Common Types of Accidents in DFW
Dallas and Fort Worth are high-traffic metro areas with dense residential, retail, and commercial zones—leading to a wide range of personal injury incidents. Some of the most common types of accidents that result in legal claims include:
- Car accidents, including rideshare and commercial vehicle crashes
- Pedestrian and bicycle injuries
- Slip and fall accidents at stores, apartment complexes, or public spaces
- Dog bites and animal attacks
- Workplace injuries caused by third-party negligence
- Construction accidents and falls from height
- Elevator or escalator injuries in residential or commercial buildings
- Defective product injuries (e.g., appliances, tools, electronics)
These incidents often involve property owners, drivers, or businesses that failed to take reasonable precautions. If someone else’s carelessness caused your injury, you may have grounds to file a claim.
When Does an Injury Qualify for a Legal Claim?
Not every accident leads to a personal injury claim. To qualify, your injury must be linked to another party’s negligence or legal responsibility. This means someone failed to take reasonable steps to prevent harm, and that failure caused your injury.
Qualifying injuries include:
- Broken bones
- Back, neck, or spinal cord injuries
- Traumatic brain injuries (TBIs)
- Burns, lacerations, or internal injuries
- Long-term or permanent disabilities
If your injury led to medical bills, time away from work, or ongoing pain and suffering—and someone else was even partially at fault—you may be eligible to pursue compensation through a personal injury claim in Texas.
How Do I File a Personal Injury Claim in Dallas or Fort Worth?
Filing a personal injury claim in Texas involves several steps, and each one plays a critical role in your ability to recover compensation. Whether your injury occurred in Dallas, Fort Worth, or one of the surrounding communities, the process begins by establishing that another party’s negligence caused your harm.
The steps generally include:
- Medical treatment and documentation – Continue treatment and keep detailed records of your injuries, bills, and recovery timeline.
- Investigation and evidence gathering – Your attorney will investigate the cause of the incident, interview witnesses, and collect documentation.
- Claim submission – A demand letter is typically sent to the at-fault party’s insurance company outlining your injuries, damages, and compensation request.
- Negotiation – Most cases resolve through negotiation. If the insurer refuses a fair offer, your lawyer may file a lawsuit.
- Litigation – If the case goes to court, both parties will go through discovery, pre-trial motions, and potentially a jury trial.
A local personal injury attorney can navigate these steps efficiently while protecting you from insurance tactics and legal missteps.
What if the Insurance Company Offers a Quick Settlement?
Insurance companies often reach out quickly after an accident—sometimes within days—with a settlement offer. While this may seem helpful, these early offers are usually far below the actual value of your claim.
Accepting a quick payout could leave you without compensation for:
- Future medical care
- Lost wages from long-term recovery
- Pain and suffering
- Permanent disability or disfigurement
Once you sign a settlement agreement, you waive the right to pursue further damages—even if your condition worsens.
Before agreeing to anything, consult a personal injury lawyer. They can review the offer, estimate the actual value of your claim, and negotiate on your behalf to ensure you’re not shortchanged.
What Damages Can You Recover in a Texas Injury Case?
If you were injured due to someone else’s negligence, Texas law allows you to pursue compensation, or damages, to help make you financially whole. These damages fall into two main categories: economic and non-economic, and in rare cases, punitive damages may also apply.
Economic damages include:
- Past and future medical expenses
- Physical therapy, rehabilitation, and prescription costs
- Lost wages or income during recovery
- Reduced earning capacity if you can’t return to work
- Property damage (e.g., car repair after a crash)
Non-economic damages include:
- Pain and suffering
- Emotional distress or mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent impairment
- Loss of companionship or support (in wrongful death cases)
Punitive damages may apply when:
- The defendant acted with gross negligence or reckless disregard for safety
- Examples include drunk driving, repeated safety violations, or intentional harm
There’s no fixed formula for calculating damages in a personal injury claim, especially for non-economic losses. That’s why your attorney’s ability to build a clear and well-supported case can directly impact the size of your settlement or jury award.
How Long Do I Have to File an Injury Lawsuit in Texas?
In Texas, the general statute of limitations for personal injury lawsuits is two years from the date of the injury. That means that if you were hurt in a car accident, a slip-and-fall, or another negligence-related incident, you typically have 2 years to file your claim in court.
Failing to file within this time frame can result in your case being dismissed, regardless of how severe your injuries are or how clearly the other party was at fault. Once the deadline passes, you lose your right to pursue compensation through the legal system.
Because gathering evidence, reviewing records, and negotiating with insurance companies can take time, it’s best to speak with an attorney well before this two-year mark. Acting early can also improve your chances of preserving evidence and building a stronger case.
Exceptions for Minors or Discovery of Harm
Texas law recognizes some exceptions to the standard two-year statute of limitations. These include:
- Minors: If the injured person is under 18, the two-year clock typically doesn’t start until their 18th birthday.
- Discovery Rule: In some cases, the victim may not immediately know that an injury occurred—such as with toxic exposure or delayed medical complications. The clock may begin when the injury is discovered (or reasonably should have been).
- Mental incapacity or legal disability: The statute may be paused until the person is legally able to make decisions.
Even when exceptions apply, time is still a critical factor. Courts scrutinize delayed filings closely, so it’s essential to consult a personal injury attorney to evaluate your deadline and options.
How Long Does a Personal Injury Claim Take in Texas?
There’s no one-size-fits-all timeline for personal injury claims in Texas. Some cases resolve in a matter of weeks, while others may take a year or more. In general, most claims in the Dallas–Fort Worth area settle within 6 to 18 months, depending on the case’s complexity, the severity of the injury, and the insurance company’s willingness to negotiate.
The process typically includes:
- Medical treatment and recovery
- Investigation and evidence gathering
- Claim submission and settlement negotiations
- Litigation, if a fair settlement can’t be reached
Cases involving serious injuries, disputed liability, or multiple parties may take longer. Your attorney can help manage delays, keep your case moving forward, and advise you on whether a settlement or trial is in your best interest.
What Affects the Timeline of a Case?
Several key factors can impact how long your personal injury case takes:
- Severity of injuries: If you need extended treatment or surgery, your attorney may delay settlement to ensure all future medical costs are included.
- Disputes over liability: If the at-fault party denies responsibility or blames you, litigation may be necessary.
- Insurance company cooperation: Some insurers delay responses, request unnecessary documentation, or refuse to offer reasonable settlements.
- Court backlog: If the case goes to trial, the local court’s scheduling in Dallas or Fort Worth may affect the timing.
While it’s tempting to settle quickly, doing so prematurely can leave money on the table. A thorough case often leads to a better outcome.
Can I Settle Without Going to Court?
Yes—most personal injury claims settle outside of court through direct negotiation, mediation, or alternative dispute resolution. In fact, fewer than 5% of personal injury cases ever go to trial in Texas.
A settlement allows you to resolve your case faster, avoid court costs, and maintain more control over the outcome. Your attorney will help evaluate settlement offers and negotiate with the insurance company to secure the best possible compensation.
However, if the insurer refuses to make a fair offer or denies liability altogether, filing a lawsuit may become necessary. Having a trial-ready attorney from the beginning strengthens your position, even during negotiations.
How Does Fault and Negligence Work in Texas?
Texas follows a modified comparative negligence rule, which means fault can be shared among multiple parties—including the injured person. To recover compensation, you must be less than 51% at fault for the incident.
Here’s how it works:
- If you’re found 0–50% at fault, you can still recover damages, but your percentage of fault will reduce your compensation.
- If you’re 51% or more at fault, you are barred from recovering any compensation.
For example, if you’re awarded $100,000 in damages but found 20% at fault, your total recovery would be reduced to $80,000.
Insurance companies often try to shift blame to minimize payouts, which is why it’s critical to have an attorney who can gather evidence, challenge unfair fault assignments, and protect your rights under Texas law.
What Mistakes Could Hurt My Personal Injury Claim in Texas?
After an accident, the actions you take—or don’t take—can seriously affect the value of your claim. Even seemingly minor missteps can give the insurance company an excuse to deny or underpay your case.
Here are some of the most common (and avoidable) mistakes we see:
- Delaying medical care – Waiting days or weeks to see a doctor can weaken the link between the accident and your injuries.
- Posting on social media – Photos or comments taken out of context can be used to dispute the severity of your injuries.
- Talking to the insurance company without legal advice – Adjusters are trained to minimize payouts and may ask leading questions.
- Ignoring follow-up treatment – Skipping therapy or ignoring your doctor’s orders can hurt your credibility and reduce your compensation.
- Failing to document everything – Lost wages, out-of-pocket costs, and pain levels should be recorded to support your damages.
The good news? Most of these pitfalls can be avoided with early legal guidance and a clear understanding of your rights.
FAQs
Below are answers to common questions we hear from injury victims across Dallas, Fort Worth, and surrounding communities.
How Much Does It Cost to Hire a Personal Injury Lawyer?
At Rochelle McCullough, we handle personal injury cases on a contingency fee basis. That means you pay nothing up front, and we only get paid if we win your case through settlement or verdict.
Contingency fees are typically a percentage of your recovery—often around 33–40%, depending on whether litigation or trial is required. This structure ensures that your attorney is motivated to maximize your compensation and removes the financial risk of pursuing your case.
Initial consultations are always free, so there’s no downside to speaking with a lawyer about your legal options.
What If I Were Injured While Visiting Texas from Out of State?
If you were injured while visiting Texas, whether on business, vacation, or passing through, you still have the right to file a personal injury claim under Texas law. The fact that you’re a non-resident does not prevent you from pursuing compensation here.
However, navigating a claim from out of state can be complex, especially if you’ve returned home. A local attorney familiar with the Dallas–Fort Worth legal system can handle court filings, communicate with local insurers, and coordinate your case efficiently, so you don’t have to travel back and forth unnecessarily.
Can I Switch Lawyers During My Case?
Yes. If you’re unhappy with your current attorney—due to poor communication, lack of progress, or differences in case strategy—you have the right to change lawyers at any point in your case.
Your new lawyer will typically handle the transition, including notifying the prior attorney and arranging for the transfer of your case file. In most cases, any legal fees already earned will be paid out of your final settlement and divided between attorneys, so switching won’t cost you extra.
Choosing the right legal team is crucial, especially in complex or high-stakes injury cases.
Talk to Our Dallas–Fort Worth Injury Lawyer Today
If you’ve been injured due to someone else’s negligence in Dallas–Fort Worth, you don’t have to navigate the legal system alone. Whether you’re recovering from a car crash, slip and fall, workplace injury, or another serious accident, the team at Rochelle McCullough LLP is here to help.
We’ll evaluate your case, explain your legal options, and fight for the compensation you deserve—so you can focus on healing. There are no upfront costs, and we don’t get paid unless you win.
Contact us today for a free consultation. Let’s take the next step forward—together.