A serious injury in Irving creates two problems at once: Medical treatment you cannot postpone, and an insurance company already building its file. An Irving personal injury lawyer at The Texas Chongo Personal Injury Lawyers can take the second problem off your hands. Our attorneys investigate how the incident happened, identify every party that may be liable, and document the full cost of your losses.
Because our office is at 220 O’Connor Ridge Blvd in Irving, we handle your case in the same county where it will be filed. Texas gives most injured people two years to bring suit, and the evidence that decides those cases often disappears long before the deadline arrives. Call (972) 529-3476 for a free case evaluation.
Credentials matter most when a case has to be tried rather than settled. Our record includes the following:
That trial record shapes how we build a file. We prepare every Irving claim as though a jury will decide it, which also gives us leverage.
Our practice covers the injury claims that arise most often in this part of Dallas County.
Irving traffic moves through State Highway 114, Loop 12, and the roads feeding DFW International Airport. Our team obtains the crash report, preserves vehicle and carrier records before they are overwritten, and pursues both the at-fault driver and any company responsible for the vehicle.
Texas permits private employers to opt out of state workers’ compensation coverage (becoming “nonsubscribers”). When an employer does not subscribe, or when a negligent third party (such as a subcontractor, equipment manufacturer, or property owner) contributes to the injury, you may pursue a third-party personal injury lawsuit alongside administrative benefits.
Store, apartment, and parking lot injuries turn on what the property owner knew and how long the hazard sat there. We move quickly to secure surveillance footage, inspection logs, and maintenance records, because those materials are routinely overwritten within weeks.
When a family loses someone to another party’s negligence, Texas law allows certain surviving relatives to bring a claim. Our attorneys handle the investigation and insurance side of the matter so the family can focus on everything else the loss demands.
Most Texas injury suits must be brought within two years of the day the cause of action accrues, under Section 16.003 of the Civil Practice and Remedies Code. Missing that date usually ends the claim no matter how strong the evidence is.
Fewer people know that the same chapter contains provisions that can suspend the running of that period.
These provisions are narrow and fact-specific. Confirming which deadline governs your situation is among the first things our attorneys do.
Sometimes the obstacle is not the at-fault party. The carrier handling the claim is.
The Texas Insurance Code sets standards for claim handling, and Section 541.060 identifies practices the law treats as unfair settlement practices. Several of them appear regularly in injury claims:
A person who prevails under that subchapter may obtain actual damages, court costs, and reasonable and necessary attorney’s fees. Where the trier of fact finds that the insurer knowingly committed the act complained of, Section 541.152 permits an award of up to three times actual damages.
That exposure changes the arithmetic on a stalled claim. Documenting the carrier’s conduct as it happens preserves that option.
Few Texas injury cases reach a jury. Most end in a negotiated resolution, and state law shapes how those negotiations unfold.
Under Section 154.021 of the Civil Practice and Remedies Code, a court may refer a pending dispute for resolution by an alternative dispute resolution procedure. The court may make that referral on its own motion or on a party’s motion. The court then confers with the parties about which procedure fits the case.
Section 154.023 describes mediation as a forum in which an impartial mediator facilitates communication between the parties to promote reconciliation, settlement, or understanding. The mediator may not substitute his own judgment for that of the parties.
Section 154.073 makes communications and records from that procedure confidential. Because of that protection, both sides can discuss figures candidly without arming the other side for trial.
Chapter 42 gives a written settlement offer real weight. When an offer is rejected, and the eventual judgment is significantly less favorable to the rejecting party, that party can be ordered to pay the offering party’s litigation costs incurred after the rejection.
Section 42.004 sets the thresholds. An award of less than 80 percent of a rejected offer is significantly less favorable to the injured party. An award of more than 120 percent is significantly less favorable to the defense.
Litigation costs awarded under that chapter may not exceed the total amount the injured party recovers. A well-timed offer therefore puts real pressure on an insurer holding out for less.
Irving sits inside Dallas County, so most Irving injury suits are filed in the county’s civil courts.
Smaller disputes follow another route. Section 27.031 of the Government Code gives justice courts jurisdiction over civil matters where the amount in controversy is not more than $20,000, exclusive of interest. That jurisdiction applies only when exclusive jurisdiction does not rest with the district or county court.
Justice courts also have limits on subject matter. They cannot hear suits for slander or defamation of character, trial of title to land, or enforcement of a lien on land.
Whichever court hears the case, the same fault rule applies. Under Section 33.001, a person may not recover damages if his percentage of responsibility is greater than 50 percent, which is why insurers work so hard to assign fault early.
In most cases, you have two years from the day the cause of action accrues. Certain claims carry shorter notice requirements, and a few statutory provisions can suspend the period. Waiting also costs you evidence, since footage and records often disappear within weeks.
Under CPRC § 33.001, you can still recover damages as long as your assigned fault is 50% or less. Your monetary recovery will be reduced by your percentage of responsibility.
We handle injury cases on a contingency fee basis, and the case evaluation costs nothing. Ask us to walk you through the written fee agreement before you sign, so the percentage and how we handle case expenses are clear from the start.
Most cases resolve before trial, frequently at mediation. Our team prepares every file as though it will be presented to a jury, because that preparation is what makes a serious negotiated resolution possible. No attorney can promise a particular result.
In certain situations, yes. Texas law sets standards for how carriers investigate, explain, and settle claims, and a carrier that disregards them may face liability beyond the policy benefits. Those cases depend on a clear record of the carrier’s conduct.
No. Initial settlement offers sent shortly after an accident are designed to close claims quickly for minimal amounts before the full cost of medical treatment is known. Once you sign a liability release, you give up all rights to seek additional compensation.
An Irving personal injury lawyer at The Texas Chongo Personal Injury Lawyers can review what happened, explain which deadlines apply to you, and take over communication with the insurance company. Board-certified in personal injury trial law and with more than 100 jury trials behind him, attorney David Sanchez leads a team that prepares Irving injury cases for trial from the first week.
Our office is located at 220 O’Connor Ridge Blvd, Suite 105, in Irving, and we represent clients in English and Spanish. We handle injury cases on a contingency fee basis.
Call (972) 529-3476 for a free case evaluation.
