Introduction

When you or a loved one suffers an injury due to someone else's negligence, the physical pain is just the beginning. Medical bills pile up, lost wages create financial strain, and the emotional toll can be overwhelming. At Machi & Associates, P.C., our Arlington personal injury attorneys understand the challenges you're facing and are committed to helping you secure the compensation you deserve.

For over 30 years, our experienced legal team has successfully represented injury victims throughout Arlington and the greater DFW area. We combine aggressive advocacy with compassionate client service to deliver exceptional results. Our attorneys have the knowledge, resources, and determination to stand up to insurance companies and fight for your rights.

Don't face this difficult time alone. Contact our Arlington personal injury lawyers today for a free, no-obligation consultation to discuss your case and explore your legal options.

Understanding Personal Injury Law in Texas

What Constitutes a Personal Injury Case in Texas

Personal injury law in Texas encompasses a wide range of incidents where one party's negligence or intentional actions cause harm to another person. Under Texas law, the injured party (plaintiff) has the right to seek compensation from the responsible party (defendant) for damages resulting from the incident.

To establish a valid personal injury claim in Texas, four essential elements must be proven:

• Duty of Care: The defendant owed a legal duty of care to the plaintiff
• Breach of Duty: The defendant breached that duty through negligence or intentional misconduct
• Causation: The defendant's actions directly caused the plaintiff's injuries
• Damages: The plaintiff suffered actual damages (medical expenses, lost wages, pain and suffering, etc.)

Texas personal injury cases operate under a "modified comparative negligence" system with a 51% bar rule. This means that if you are found to be partially responsible for your injuries, your compensation may be reduced by your percentage of fault. However, if you are determined to be more than 51% responsible, you cannot recover damages.

Texas Statute of Limitations for Personal Injury Claims

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This means you have two years to file a lawsuit against the responsible party. However, there are exceptions to this rule:

• For minors, the two-year clock typically doesn't start until they turn 18
• In medical malpractice cases, the discovery rule may apply, extending the deadline from when the injury was discovered or should have been discovered
• Claims against government entities have shorter notice requirements, often just 90 days

Failing to file within the statute of limitations will likely result in your case being dismissed, regardless of its merit. This is why consulting with an experienced Arlington personal injury attorney as soon as possible after an injury is crucial to protecting your rights.

Types of Damages Available in Texas Personal Injury Cases

Texas law allows personal injury victims to recover several types of damages:

Economic Damages are quantifiable financial losses, including:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Property damage
• Rehabilitation costs
• In-home care expenses

Non-Economic Damages compensate for intangible losses, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement
• Physical impairment
• Loss of consortium (impact on marital relationship)

Punitive Damages (called "exemplary damages" in Texas) may be awarded in cases involving gross negligence or intentional misconduct. These damages are designed to punish the wrongdoer and deter similar behavior. Texas law caps punitive damages at the greater of:

• $200,000, or
• Two times the economic damages plus an amount equal to non-economic damages (up to $750,000)

Unlike some states, Texas does not have a cap on compensatory damages (economic and non-economic) in most personal injury cases, with the exception of medical malpractice claims.

Recent Changes to Texas Personal Injury Law

Texas personal injury law continues to evolve through legislative changes and court decisions. Recent developments include:

• The Texas Supreme Court's ruling in In re North Cypress Medical Center Operating Co., Ltd. (2018) regarding the discoverability of hospital reimbursement rates, which impacts how medical expenses are calculated in personal injury cases
• Changes to rules regarding pre-suit notice requirements in certain cases
• Evolving standards for establishing causation in complex injury cases
• Updates to jury instructions regarding negligence standards

Our Arlington personal injury attorneys stay current on all legal developments to ensure our clients receive the most effective representation based on the latest laws and precedents.

Common Personal Injury Scenarios We Handle

At Machi & Associates, P.C., our Arlington personal injury attorneys have extensive experience handling a wide range of injury cases. Here are some of the most common scenarios we encounter:

Auto Accidents

Car accidents are among the most frequent causes of personal injury in Arlington and throughout Texas. With major highways like I-30, I-20, and Highway 360 running through our area, serious collisions occur daily. Our attorneys handle all types of auto accident cases, including:

• Rear-end collisions
• T-bone/intersection accidents
• Head-on crashes
• Multi-vehicle pileups
• Drunk driving accidents
• Distracted driving incidents
• Rideshare (Uber/Lyft) accidents

Texas saw over 19,000 serious injury crashes in the last year alone, with the DFW area accounting for a significant portion of these incidents. Our attorneys understand the complexities of Texas auto insurance laws, including minimum coverage requirements and the process for dealing with uninsured/underinsured motorists.

Truck Accidents

Commercial truck accidents often result in catastrophic injuries due to the massive size and weight difference between trucks and passenger vehicles. Arlington's position as a major transportation hub means our roads see heavy commercial traffic daily.

Truck accident cases involve unique challenges, including:

• Multiple potentially liable parties (driver, trucking company, maintenance provider, etc.)
• Federal regulations governing the trucking industry
• Complex insurance coverage issues
• Specialized evidence like electronic logging devices and black box data
• Corporate defense teams representing trucking companies

Our attorneys have the resources and expertise to investigate these complex cases thoroughly, identify all liable parties, and build compelling claims for maximum compensation.

Workplace Injuries

While workers' compensation covers many workplace injuries, there are situations where injured workers can pursue personal injury claims, such as:

• Injuries caused by third parties (not the employer)
• Injuries resulting from defective equipment or machinery
• Toxic exposure cases
• Injuries at construction sites involving multiple contractors
• Injuries where the employer opted out of workers' compensation coverage

Texas is unique as the only state that doesn't require employers to carry workers' compensation insurance. For employees of "non-subscriber" employers, personal injury claims may be the primary avenue for recovering damages after a workplace injury.

Premises Liability

Property owners in Texas have a legal duty to maintain reasonably safe conditions for visitors. When they fail to do so, resulting injuries may give rise to premises liability claims. Common scenarios include:

• Slip and fall accidents
• Inadequate security leading to assaults
• Swimming pool accidents
• Elevator or escalator malfunctions
• Structural collapses
• Fires or flooding due to negligent maintenance
• Toxic exposure in buildings

Texas law categorizes visitors as invitees, licensees, or trespassers, with different duties of care owed to each. Our attorneys understand these distinctions and how they impact your case.

Dog Bites and Animal Attacks

Texas follows a "one bite rule" for dog attack cases, meaning the owner may be liable if they knew or should have known their animal was dangerous. However, negligence claims are also possible even without prior knowledge of aggression.

Dog bite injuries can be severe, often resulting in:

• Puncture wounds and lacerations
• Nerve and tissue damage
• Broken bones
• Infections
• Scarring and disfigurement
• Emotional trauma, including PTSD

Children are particularly vulnerable to dog attacks, with statistics showing they account for approximately 50% of all dog bite victims. Our attorneys handle these sensitive cases with compassion while aggressively pursuing compensation from negligent pet owners.

Product Liability

Defective products cause thousands of injuries annually. Manufacturers, distributors, and retailers can be held liable for injuries caused by dangerous or defective products under three main theories:

• Design defects (flaws in the product's design)
• Manufacturing defects (errors in production)
• Marketing defects (inadequate warnings or instructions)

Texas product liability cases often involve:

• Defective vehicles or automotive components
• Dangerous medical devices or pharmaceuticals
• Malfunctioning consumer products
• Toxic chemicals or materials
• Defective industrial equipment

These cases typically require extensive expert testimony and technical analysis, which our firm is well-equipped to provide.

The Personal Injury Legal Process in Texas

Understanding what to expect during your personal injury case can help reduce stress and uncertainty. While each case is unique, most follow a similar progression:

Initial Consultation and Case Evaluation

Your journey begins with a free consultation with one of our Arlington personal injury attorneys. During this meeting, we'll:

• Listen to your account of the incident
• Review any evidence you've gathered
• Explain your legal rights and options
• Assess the potential value of your claim
• Discuss our contingency fee structure (no recovery, no fee)
• Answer your questions about the legal process

If we determine you have a viable case and you choose to hire us, we'll formalize our attorney-client relationship with a clear agreement outlining our responsibilities and fee structure.

Investigation and Evidence Gathering

Once retained, we immediately begin a thorough investigation, which may include:

• Visiting the accident scene
• Interviewing witnesses
• Obtaining police reports, incident reports, and medical records
• Collecting photographic and video evidence
• Securing physical evidence
• Consulting with experts (accident reconstructionists, medical professionals, etc.)
• Researching applicable laws and precedents

This investigative phase is critical to building a strong foundation for your case and identifying all potentially liable parties.

Medical Treatment and Documentation

While your case progresses, your primary focus should be on your recovery. We advise clients to:

• Follow all doctor's recommendations
• Attend all medical appointments
• Keep detailed records of treatments and medications
• Document how injuries affect daily activities
• Maintain a pain journal
• Keep receipts for all injury-related expenses

Proper medical documentation is essential for establishing the extent of your injuries and connecting them to the incident. We work closely with your healthcare providers to ensure all aspects of your injuries are thoroughly documented.

Demand and Negotiation Phase

Once you've reached maximum medical improvement (MMI) or we have a clear understanding of your long-term prognosis, we'll prepare a comprehensive demand package for the insurance company, including:

• A detailed account of the incident
• Evidence of liability
• Complete medical records and bills
• Documentation of lost wages
• Expert opinions and reports
• Calculation of all damages

The insurance company typically responds with a counteroffer, beginning the negotiation process. Our experienced negotiators will fight for a fair settlement that fully compensates you for all your damages.

Litigation (If Necessary)

While most personal injury cases settle before trial, we prepare every case as if it will go to court. If a fair settlement cannot be reached, we won't hesitate to file a lawsuit. The litigation process includes:

• Filing the Complaint: Formally initiating the lawsuit
• Discovery: Exchanging information through interrogatories, depositions, and document requests
• Motions: Resolving legal issues before trial
• Mediation: A formal settlement conference with a neutral third party
• Trial Preparation: Working with experts, preparing exhibits, and developing trial strategy
• Trial: Presenting your case to a judge or jury

Even after filing a lawsuit, settlement negotiations continue, and many cases resolve before reaching trial. Our attorneys have extensive courtroom experience and will be prepared to advocate for you at every stage.

Resolution and Recovery

Once your case resolves through settlement or verdict, we:

• Handle all paperwork to finalize the resolution
• Negotiate with medical providers to reduce outstanding bills when possible
• Distribute funds promptly after addressing any liens or outstanding obligations
• Provide guidance on financial management of your recovery
• Remain available to answer any questions about the resolution

Our commitment to you doesn't end when your case concludes. We're always available to address future questions or concerns related to your case.

Why Choose Machi & Associates, P.C. for Your Personal Injury Case

Experienced Arlington Personal Injury Attorneys

With over three decades of experience representing injury victims in Arlington and throughout the DFW area, Machi & Associates, P.C. has established a reputation for excellence in personal injury litigation. Our attorneys have:

• Successfully handled thousands of personal injury cases
• Recovered millions of dollars in settlements and verdicts for our clients
• Extensive experience negotiating with insurance companies
• A proven track record in the courtroom when litigation is necessary
• Deep knowledge of Texas personal injury law and local court procedures

Lead attorney Ted Machi is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by less than 2% of Texas attorneys. This certification recognizes his exceptional knowledge, experience, and skill in personal injury litigation.

Client-Centered Approach

At Machi & Associates, P.C., we understand that you're going through one of the most challenging periods of your life. Our client-centered approach means:

• Direct access to your attorney throughout your case
• Regular updates on your case progress
• Prompt responses to your questions and concerns
• Compassionate support for you and your family
• Clear explanations of complex legal concepts
• Transparent communication about case strategy and expectations

We limit our caseload to ensure each client receives the personalized attention they deserve. You'll never be just another case number at our firm.

Resources to Handle Complex Cases

Personal injury cases, especially those involving catastrophic injuries or multiple defendants, require substantial resources. Machi & Associates, P.C. has:

• A network of expert witnesses, including medical specialists, accident reconstructionists, economists, and life care planners
• Advanced technology for case management and evidence presentation
• Staff investigators who can quickly respond to accident scenes
• Relationships with medical providers who can treat clients without upfront payment
• The financial capacity to advance case costs, allowing us to see complex cases through to completion

These resources allow us to level the playing field against well-funded insurance companies and corporate defendants.

No Recovery, No Fee Guarantee

We represent personal injury clients on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. This arrangement allows anyone to access quality legal representation regardless of their financial situation. Our contingency fee structure aligns our interests with yours—we only succeed when you do.

Contact Our Arlington Personal Injury Attorneys Today

If you or a loved one has been injured due to someone else's negligence, don't wait to seek legal help. The sooner you contact our Arlington personal injury attorneys, the sooner we can begin protecting your rights and building your case.

Call us today at (817) 335-8880 to schedule your free, no-obligation consultation. Our office is conveniently located in Arlington, and we serve clients throughout the DFW area. Evening and weekend appointments are available, and if your injuries prevent you from coming to our office, we can arrange to meet you at your home or hospital room.

Remember, there's no fee unless we recover compensation for you. Don't face this challenging time alone—let our experienced Arlington personal injury attorneys fight for the justice and compensation you deserve.