Q. Tell us about yourself and your practice?
A. My name is Jim Karel. I have been practicing law in the state of Texas for over 23 years. In that time I have handled personal injury claims for both plaintiffs and defendants. My firm, Karel & Hicks, P.C. represents both individuals and business owners who file suit or get sued in Texas state and Federal courts.
Q. What is personal injury under Dallas law?
A. Texas law applies to most personal injury actions in the state. The most common personal injury action is for negligence. In order to recover on a negligence action in Texas, a plaintiff must prove that the defendant was negligent. In Texas, a claim for personal injury ordinarily arises when the negligence or conduct of one party causes injury to another.
Q. What are your business hours?
A. Karel & Hicks, P.C.'s business hours are from 8:00 a.m.-5:00 p.m. Monday-Friday. Karel & Hicks, P.C. also takes appointments after hours if necessary.
Q. Accidents can happen in a different state and litigation can happen in a different state. In that case what state law should be adhered to?
A. The litigation will most likely be filed in the state where the accident occurs. For example, if a Missouri driver has an accident in Dallas, Texas then Texas law would apply and the case will more than likely be filed in Dallas County, Texas.
Q. What is the difference between negligence and accidents?
A. A simple accident may or may not amount to negligence. It depends on the situation. For example, a storeowner will more than likely not be found negligent if a child spills a drink on the store's floor and then another child immediately slips on the spilled drink. However, the storeowner will more than likely be found negligent if a child spills a drink and the storeowner lets it sit for a long time period, receives complaints about the spilled drink, and does nothing to remedy the problem.
Q. How is the settlement amount determined?
A. If the negligent party has an insurance policy the insurance company may dictate the amount of the settlement that it will pay on a negligence claim. If the negligent party does not have an insurance policy, the negligent party and its attorneys would work with the other side and their attorneys to reach a settlement agreeable to the parties. If a settlement is not reached the case will proceed to trial.
Q. What proof is needed in a court case?
A. The proof needed on a negligence case depends on the issue. Courts will allow all relevant evidence to be introduced at trial. Most of the time evidence comes in by way of testimony through witnesses and documents produced during the course of litigation. The documents can be things such as accident reports, photographs or safety manuals.
Q. What are the issues affecting the amount of damages that can be recovered?
A. In a personal injury case a plaintiff can recover several elements of damages including, but not limited to, past and future medical expenses, past and future lost wages, past and future pain and suffering, past and future disfigurement, and past and future mental anguish. The person bringing the suit must present evidence for each element of damages. For example, medical expenses are usually proven through medical records and medical bills.
Q. What advice would you give to moms reading this?
(1) Review your homeowner's, auto, and business insurance policies every year to ensure that you have appropriate coverage.
(2) If you, or a family member, are injured as a result of the wrongful conduct of another, contact a reputable attorney. Most states require personal injury lawsuits to be brought within a certain period of time-often as short as two years.
(3) If you decide to retain an attorney go to your first appointment prepared. Take a list of questions as well as all relevant documents to include applicable insurance policies, accident reports, medical records, wage statements and photographs.
DISCLAIMER
I appreciate the opportunity to provide this interview to Bizymoms.com as the owner and managing partner of Karel & Hicks, P.C. The information provided is meant to be educational only and is not meant to be construed as legal advice. If you or someone you know has a legal issue arise it is best to contact an attorney to answer your specific questions.
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