Q. Tell us about yourself and your practice.
A. I grew up in the Texas Panhandle and have called Dallas my home since 1978. I met my wife Robin while attending Southern Methodist University. We just celebrated our 27th wedding anniversary. We have two sons, ages 23 and 18. Our youngest son is an aspiring actor who lives in Los Angeles. Our oldest son is completing his final year at the University of Arkansas.
I attended SMU on a football scholarship.
I have been practicing law for the past 23 years in Dallas, concentrating primarily on personal injury matters. I represent both plaintiffs and defendants. Most of my cases involve serious injuries or fatalities sustained at work sites, trucking accidents or premises liability claims. I also handle commercial disputes and other complex litigation matters.
I have published articles in the Baylor University and Texas Tech University law reviews, concerning premises liability claims and procedural issues typically encountered in the Texas courts.
Q. What sets you apart from other law firms?
A. Downs ◊ Stanford, P.C. is a full service law firm primarily focusing on civil lawsuits, including family law matters. Our office is located in downtown Dallas, nearby to the various courthouses. Our firm strives to place the client first in all matters. Many firms pay lip service to such a goal, but I truly believe sacrifices are made here that sets our firm apart from other law firms.
Q. What are the underlying principles behind your firm?
A. Our firm is a member of an international alliance of lawyers and law firms known as Primerus. Members of Primerus are pre-screened for – and sworn to uphold – the highest standards for integrity, civility, and other qualities people long for in lawyers. This alliance allows us to be ahead of the curve on many new and innovative ways to represent our clients. We have access to many resources most firms do not have.
Q. In layman terms, what is personal injury?
A. In a typical personal injury lawsuit, an injured person sues another who owed a legal duty to the injured party which was breached. For a recovery, the breach of duty must proximately cause the person’s injury. Proximate cause is a technical term that can have a broad legal meaning, but in its simplest terms, the wrongful act must lead to or cause the injury.
Q. How does one decide that she/he needs professional help in dealing with personal injury issues?
A. Most personal injury claims are denied by the insurer for the person or company who may have caused the personal injury. An attorney should be consulted to aid in the evaluation of the claim. The law of negligence within the broader area of tort law is an extremely complex area with variations and nuances depending upon the duty owed and how the injury arose.
Q. Describe the steps one has to take in filing a claim.
A. Unfortunately, there is no simple answer and it depends upon the type of claim and injury. For example, suing a governmental entity or a medical practitioner carries with it certain prerequisites which, if not satisfied, bar recovery. Another example could involve a claim where evidence must be preserved for inspection before it is modified, lost or destroyed. Contacting an attorney will aid in determining what steps should be taken with respect to a particular claim.
Q. What are the main types of claims?
A. Most claims involve some type of personal injury and often result from motor vehicle accidents or injuries sustained on property owned, operated or controlled by another. Injuries often occur at the workplace where workers’ compensation coverage may or may not be available to compensate the injured party. If workers’ compensation insurance is available, usually the employer may not be sued. However, other entities may potentially be responsible for the accident and subject to suit.
Q. How soon should one file a lawsuit?
A. My experience has been that when dealing with serious injuries or death, an attorney should be contacted as soon as possible and suit should be instituted soon thereafter. Evidence and recollections of key witnesses can change dramatically over time. The Rules of Civil Procedure in all jurisdictions place obligations upon defendants that do not otherwise apply unless a lawsuit has been filed.
The deadline for filing a personal injury lawsuit depends upon the law of the jurisdiction where the injury occurred. In Texas, most personal injury lawsuits must be filed within two years, although some claims must be filed within one year. Claims against a government entity or employment discrimination claims may have even shorter deadlines.
Q. What damages can one recover?
A. In Texas, where a personal injury has been sustained, past and future pain and suffering, mental anguish, physical disfigurement, physical impairment, medical expenses, past and future loss of earning capacity, loss of consortium, household services and exemplary damages may be recovered. Typically a physical injury is required to recover mental anguish damages, although injuries involving intentional or malicious conduct, those involving the breach of a duty arising from a special relationship or situations involving particularly disturbing events may not require physical injury.
NOTICE : This interview is not a substitute for legal counsel and does not presume to constitute legal opinion. I urge you to consult legal counsel on specific matter. |
