Dallas Injury Lawyer
Attorney Doug Goyen is a personal injury attorney licensed in Texas since 1997 with decades of experience representing individuals in personal injury related cases throughout the State of Texas. Attorney Goyen has successfully negotiated, settled, litigated, and taken to trial thousands of cases. He has obtained millions of dollars in compensation for his clients. Call (972) 599 4100 to speak with Attorney Goyen today.
Attorney Goyen handles his cases from start to finish and stays in contact personally on each case. Goyen graduated from Southern Methodist University's Dedman School of Law in Dallas, Texas in 1997. He has been successfully representing people as a personal injury lawyer in Dallas and North Texas area since that time. Attorney Goyen has the unique experience of having worked as a bodily injury claims adjuster from 1989 to 1997 prior to becoming a lawyer. During the time he was working for insurance companies handling personal injury claims he attended law school from 1994 to 1997. This experience handling bodily injury cases for insurance companies helped him focus and sharpen his skills as a personal injury lawyer while in law school. After law school Attorney Goyen began solely representing individuals who have suffered injury or death in personal injury cases. His experience, education, and drive to deliver a superior service to his clients has made Attorney Goyen one of the premier Dallas personal injury lawyers in the State of Texas. Contact us today to get started on your case and get the compensation your case deserves.Free Consultation and Strategy Session:
If you or someone you know needs assistance in an injury case call (972) 599 4100 for a free consultation and a free strategy session regarding your case. The strategy session includes a summary of your case, identification of the legal issues involved with your case, and identifying those legal issues that will help maximize your recovery in your case. We will email a copy of this strategy session to you for you to keep. Call us today.Types Of Personal Injury Cases And Claims We Represent:
The Law Office of Doug Goyen represents people who need representation for themselves or a family member injured or killed in cases involving car accident injury and death cases, 18 wheeler accidents and other commercial vehicles, bicycle accidents, motorcycle accidents, pedestrian's hit by automobiles, victims of drunk drivers, victims of people texting and driving. Additionally, we represent people injured by dog bites, slip and falls, premises injuries due to dangerous conditions on a property or a business, and workplace injuries. Click the following links for more specific information regarding the types of cases we handle for the clients we represent:Can I File A Lawsuit For My Injury?
Yes, the right to file a lawsuit for injury is guaranteed by the Texas Constitution. Article 1, Section 13 of the Texas Bill of Rights states, "All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law." Additionally, the 7th Amendment of the United States Constitution also guarantees the right to file a lawsuit. The 7th Amendment of the US Constitution states, "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." How are suits at "common law" related to injury lawsuits? Common law lawsuits are interpreted by looking at what those lawsuits were in 1791 when the US Constitution was written. Common law lawsuits at that time included lawsuits for injury and damages caused to individuals by others. Both the US Constitution and Texas Constitution guarantee your right to make a claim for any injury caused to you, and both guarantee your right to file a lawsuit if needed to enforce any claim you may have.
There is strong argument that the 1st Amendment of the US Constitution restricts the government from passing laws restricting your rights in injury lawsuits. The 1st Amendment to the US Constitution guarantees a right to petition the government for a redress of grievances. "Congress shall make no law respecting (the rights of people) . . . to petition the Government for a redress of grievances." There have been very few cases interpreting this part of the 1st Amendment to the US Constitution, but there are several cases that say this right includes the right to court access and the right to file a lawsuit. This section of the 1st Amendment prohibits the government from restricting your right to file lawsuits as the government passing a law restricting your right to file a petition would be government action infringing on the right to sue for harm done to you. This is backed by Supreme Court decision in Marbury v. Madison in 1803 where Chief Justice John Marshall declared that “a settled and invariable principle, that every right, when withheld, must have a remedy, and every injury its proper redress... he “who considers himself injured, has a right to resort to the laws of his country for a remedy."
However, unlike criminal cases, there is no Constitutional right to a lawyer in a personal injury case. So if you file a lawsuit for an injury, or are sued, you must hire your own lawyer. One will not be appointed for you. If you have been injured you will need to hire your own lawyer to pursue your rights. The Law Office of Doug Goyen represents the injured party in cases where people have been injured or killed due to negligence or intentional acts. Contact our Dallas personal injury lawyer to discuss your case.Do I Need A Personal Injury Lawyer For An Injury Claim?
Yes, if you are pursuing a personal injury claim you need a personal injury lawyer. Personal injury cases involve multiple areas of law. Two of the biggest areas of law in personal injury cases are tort law and contract law. A working knowledge in these areas of law are crucial to ensure your rights are protected and you receive the compensation you are entitled to receive.
The injury claim itself is governed by the law of torts in proving liability and damages. You need knowledge of what type of claims are legally available to you. You need to know how to legally prove those claims in ways that convince Defendants and their insurance companies that you pose a legal and financial threat if they do not treat your claim properly.
Knowledge of contract law is needed in personal injury cases because you will be dealing with insurance policies that require an understanding of contract law - and specifically how insurance policies are interpreted under those areas of the law. The most common insurance policies that are used in personal injury cases are liability insurance policies (these cover negligence for vehicles, homeowners or businesses), health insurance policies that may have made payment for medical bills and will want reimbursement out of your injury claim, claims for 1st party insurance coverage such as collision coverage and uninsured or underinsured motorist coverage, and government-provided insurance such as Medicare, Medicaid, and Workers Compensation. Due to the variety of different types of insurance that is typically involved, you need to know how these different insurance policies interact with each other in order to ensure you receive the compensation you are entitled for your claims.
Personal injury lawyers with experience will be able to maximize the amount of money you receive out of any settlement. Personal injury lawyers have knowledge and experience that will help determine whether you are being offered fair value for the settlement of your claim. They will be able to help ensure you do not violate the terms of any of the insurance policies involved in your injury case. They will know what elements of damage you are entitled for your particular injury claim and will be able to produce evidence of these areas of damage in a way that ensures insurance companies consider and give full value to your claims for these elements. Good personal injury lawyers will help you negotiate down any amounts owed to any medical facilities, health insurance policies, or anyone else who may have some type of lien or claim against your settlement. Attorneys who know how to do this will be able to get you more money in your pocket from the settlement.
If you want to make sure you receive the compensation you deserve, protect your rights, avoid violating any terms of any insurance policies involved, you need to hire a personal injury lawyer for your injury case.How Much Will It Cost To Hire A Personal Injury Lawyer In The Dallas Area?
Personal injury lawyers charge contingency fees in injury cases. No up-front payment is required. The lawyer is only paid if they are able to recover in your case. The Texas Disciplinary Rules of Professional Conduct Rule 1.04(d) Fees, defines a contingency fee as a “fee contingent on the outcome of the matter for which the service is rendered." This means the attorney cannot collect the fee unless a certain result is obtained. In personal injury cases this means that if the lawyer is unable to recover any money in your case, the lawyer is not paid.
Personal injury lawyers charge a percentage of what they can recover for your claims. In practice, this becomes a performance-based contract. The better your attorney does in your case, the better they are paid. This aligns your attorney's interest with your interest in personal injury cases. A contingency fee in Texas depends on the lawyer you hire (some charge a higher percentage), but it is usually 1/3 of whatever is recovered for your injury case and typically goes up to 40% if a lawsuit is required.What Can I Recover In A Personal Injury Case?
Damages that are often recoverable in personal injury cases include the following: Money for pain and suffering and mental anguish, past and future medical bills: the amount of medical bills necessary to treat your injury, both in the past and future, lost wages or earnings, physical impairment, disfigurement, property damage, among other types of damages.
We seek all damages that you are entitled. Examples of other types of damages for harms, losses, or injuries that someone suffers from car crash can include the following categories:
Injury Related Damages
These types of damages are related to the injury of a person. They include:
*Past and future medical bills;
*Past and future pain and suffering;
*Past and future mental anguish;
*Past and future lost earning capacity and lost income;
*Past and future physical impairment;
*Past and future disfigurement;
*Loss of body member or mental function;
*Loss of consortium (spouse, parental, child/filial);
*Loss of inheritance in wrongful death cases;
*Loss of services; and
*Emotional/mental trauma (bystander injury).Other Damages
These types of damages are related other damage, such as to your motor vehicle. They include:
*Loss of use of your property - including rental car bills,
*Storage of your vehicle (at the city pound, etc),
*Total loss of property, and
*Diminished value of property.Punitive Damages
Punitive Damages or Exemplary Damages (punitive or exemplary damages are actually meant to punish the wrongful actor rather than compensate the injured party. The idea is to punish the bad actor for his bad actions in certain situations and to send a message to the community that with certain types of conduct, not only will you owe the damage you caused - which is considered compensation, but you may also get hit with punitive or exemplary damages as a form of punishment). One example where punitive damages could be awarded would be a drunk driver causing harm to another person. Liability insurance, such as auto insurance companies do not typically cover punitive damages - so this may be difficult to collect against individuals or the individual's personal liability insurance.
Other damages that may be recoverable in accident and injury cases include prenatal injury, prejudgment interest, attorney's fees (in suits against your own insurance - if it is a contract issue), and court costs.
WHAT IS THE VALUE OF A PERSONAL INJURY CASE?
The value of a personal injury case depends on several factors including the severity of the injury, liability issues, and the ability to collect against a defendant.
First to consider is the severity of the injury. A more serious injury typically demands more compensation due to the medical bills, future treatment needed, loss of earnings, physical impairment, disfigurement, pain and suffering, and other possible damages caused.
The next factor to consider is liability. If the defendant is 100% at fault then you should be able to relate 100% of your damages to the defendant that caused the damages. If a jury decides that the injured person was partly at fault for the accident, then they will reduce the amount that person can recover by whatever percentage they place on the injured party. So if your case is worth $100,000, but a jury thinks you were 30% at fault due to speeding or some other improper action, then the amount you can recover will be reduced by that 30% by the judge after the jury returns its verdict. If you are 51% at fault or more, then you cannot recover at all from the other person. In negotiating claims with insurance companies, they will investigate the facts of the accident, and if there are facts that allow it they will reduce the amount they offer based on whether they believe you were partly to blame or not.
Another important factor to consider in determining the value of your case is the ability to actually collect from a Defendant. If the person who caused your injury is indigent, has no insurance, no property, and no money to speak of then you may not ever be able to collect from that person. Even if your injury is worth $1,000,000 or more, if you cannot collect anything from them then the actual value of your case is greatly reduced. As they say, it is not worth the paper it is written on if you cannot collect.
The Law Office of Doug Goyen gathers the evidence needed to prove what your damages are, prove liability on your case, and find whatever insurance or other assets are available to cover your claims. We have a long history of protecting our client's rights and ensuring they are compensated for their injuries.