You might. It is good to know that your email exchange with David and/or any telephone conversations you have are free and you are not billed for initial consultations. In fact and as will be discussed below, most all personal injury cases we take and develop will be on a basis where you will pay your attorney out of what is recovered on your behalf, so you are not billed unless we recover. So, if these questions and answers below still leave you with a need for more information, contact us and let’s get the consultations started.

It is probably easiest for us to limit this discussion to be those cases that arise from physical contact with the victim. Personal injury cases are those where you suffer physical injury, and more often than not an emotional and/or financial injury as well. This is by no means a complete list, but is a list of the common events giving rise to a personal injury lawsuit that this firm has handled many times:

• vehicle accidents (car, truck, motorcycles, bicycles, etc...)
• falls or injuries on property of a business or private property/landowner
• product failures or accidents using a product as intended
• assaults by both humans and animals
• injuries on the job or while working for another

The important thing to remember is that the name we give the type of lawsuit is generally irrelevant to your rights. Let the lawyers determine if you have a matter that can be handled by the firm, and regardless how it is categorized, we will fight to redress those wrongs.

You may still have a case. Texas law allows recovery even if you share some responsibility, as long as you weren’t more than 50% at fault. Don’t assume blame disqualifies you. We have handled cases for people who felt they were at fault, only to find upon investigation that they either had no fault or very little. The important thing is to visit with an attorney who can ask the right questions and perhaps through investigation give you a better idea of what your potential case looks like – even if you share some fault responsibility.

Nothing upfront. The Law Office of David M. Kennedy works on a contingency fee basis for most personal injury lawsuits, which means we only get paid if you approve a settlement or we win your case and recover compensation for you. After one or more consultations, we will submit to you a retainer agreement that explains in detail our legal relationship with you, including what the costs will be. On a contingency fee case, the firm fronts all expenses for all aspects of the lawsuit, and those expenses are repaid to the firm along with a percentage-based fee from the settlement or judgment. Clients appreciate the firm having skin in the lawsuit – a reflection that we believe in the case.

This is very common as health insurance costs have forced so many to go without. We can often help connect you with medical providers who understand injury cases and can delay payment until your claim is resolved. We have made these arrangements on many occasions for our clients. Getting an injured person medically evaluated is a must if at all possible. So, do not delay seeing a professional for help, and contact us quickly.

Yes—especially then. Insurance companies are trained to protect their bottom line. Having an attorney helps ensure you don’t say or sign something that could hurt your claim. And no matter what they may tell you, the insurance adjuster representing the other party to the accident is not working for you in any respect. Additionally, they will not pay your bills as they are incurred, but will try and pay you one time for as little as possible. With that said, if you have coverage on your own vehicle for property damage, talking to your own agent and requesting help is a good step, but don’t discuss injuries with them. You will want to claim property damage on your own policy, even if the other side is at fault. It can be a little confusing, so that is why it is important to contact us as soon as possible to ask for help.

You’re not alone—and it doesn’t automatically hurt your case. Many injuries show up days and even weeks later. What matters is documenting symptoms and getting care once you realize something isn’t right. Further, even if you did go to the E.R., their job was only to stabilize you and was not to advise you on further care or for problems that may show up after you have left their care. Let an attorney walk you through this

In Texas, most personal injury claims must be filed within two years of the injury. Oklahoma, Colorado and other states have their own timelines. Waiting too long can mean losing your rights entirely. One of the first questions we will ask is to determine when the accident or personal injury occurred.

We focus on clear communication, personal attention, and strong advocacy. Clients work directly with David Kennedy, and his caseload is kept to a minimum so that he can ensure it is handled appropriately. Many firms – especially those handling personal injury claims - employ a lot of young lawyers that have a high number of cases they work, and that can be a detriment to your case being developed and tried appropriately. However, David does not hesitate to put you in touch with attorneys in other firms that he trusts if his workload will not permit him to take your case, but he will always believe it is in your best interest.

Board certification is a rare distinction. It means an attorney has proven advanced experience, knowledge, and results in personal injury law—and has been vetted by an independent legal board and passed the exam. Additionally, one of the requirements for certification is proof of in-court trials and continued work each year with personal injury being the majority of the caseload. David has over forty years of such experience.

Yes. David M. Kennedy is board certified in personal injury law by the Texas Board of Legal Specialization, a credential held by only a small percentage of attorneys. It reflects expertise, credibility, and proven results.

This really depends on the case and the individual’s injuries. Common possibilities are:

• past / future medical, therapeutic, pharmaceutical, healthcare expenses
• past / future pain and suffering
• past / future physical impairment
• past / future disfigurement
• past lost wages and future loss of wage-earning capacity
• past loss of income from loss of use of your vehicle if used in your work

This is probably one of the most case-specific areas there is in personal injury cases. Every person is different – meaning their lives, incomes, unique needs, lifestyles, health – are all brought into the courtroom with them. All bear some relationship to the damage model that is presented to the jury. An example is an attorney who will suffers a permanent leg injury may still be able to work at his/her desk or stand before a jury and not suffer a loss of wages or earning capacity. However, the same would not hold true for someone who is a professional athlete or someone who must have dexterity in the lower extremity. This firm will assess your particular injuries as opposed to a generic model some will use.

Every case is different. Some – very few – resolve in months, but that is usually by settlement in obvious fault or low damage cases; most take longer and often 2-3 years. We focus on doing it right, not rushing into a settlement that undervalues your injuries. Further, location plays a significant role as different courts have different schedules, with courts in cities usually taking longer as more people means more accidents and more lawsuits. In smaller towns, we often are behind criminal dockets. The point being that it is often up to the local judge to tell us our options on getting to the courtroom. Another aspect that often slows down the progress of resolution is the number of parties involved and thus the number of attorneys with their schedules. Every case is different, and there is nothing wrong with telling us up front that you want a quick settlement if possible.

Most cases settle without trial, but we prepare every case as if it will go to court. That preparation usually leads to stronger settlements, and we always prepare them for trial because each case we take is worth trying to a judge or jury. We are not in the business to settle a large number of cases, as are so many high-volume accident firms. We take cases that we believe will end up in a trial and we must be ready when called to trial.

You may still have options, such as uninsured/underinsured motorist coverage or other legal avenues. We’ll explore every path available. However, that is often a determinative factor as most of these personal injury cases are taken on a contingency basis. As such, the firm will put not only a lot of time into the case, but often many thousands of dollars, all being risked on our evaluation that recovery will be successful. If there is no insurance, it may very well be that we explain to the client that we cannot afford to take the case unless the client wants to pay us by the hour and all expenses as the case proceeds.

Yes. Workplace injuries can involve workers’ compensation, third-party claims, or both. We help identify all possible sources of recovery. However, although David Kennedy tried worker’s compensation cases in the 1980s, the law became administrative in 1987 and he no longer takes those cases. He will refer you to attorneys in the DFW area who do. Notwithstanding, we do handle on-the-job injuries that may still be brought if the employer failed to carry worker’s compensation coverage and was negligent in causing the injury. Further, we have handled product liability injuries and cases against third parties involved in the accident. Wrongful Death claims against employers have led to positive settlements on many occasions for the firm.

That matters. Injuries affect more than your body. We consider emotional trauma, anxiety, and disruption to your life as part of your claim. Another hidden damage that we may be able to expose and obtain recovery for is a traumatic brain injury. This is often overlooked and we work with experts who can quantify those damages for our clients.

Our primary focus is Texas, but David is also licensed in Oklahoma, and in fact tried his first jury trial in Oklahoma in 1982, obtaining a jury verdict for a retired school teacher who had been defrauded. Because we are well known, however, David has handled cases in many states at the requests of other attorneys needing assistance. Additionally, if we are retained for an event that occurred in another state in which David is not licensed, he can still appear per that jurisdiction's rules with the assistance of a local attorney.

Most initial consultations will be by email and/or phone. David uses Zoom a lot as well. Once we learn what the case may be about and your particular situation, we can decide what you will need to bring when we have an in-person meeting. It is often that our clients are able to provide to us so much by email and that is helpful, and often they have very little to give us because the accident just happened within the week or that day. We can advise you on what and how we need your help as we try to help you.

Call or email us. A free consultation can help you understand your rights, your options, and whether moving forward makes sense—without pressure or obligation. David likes to open up a file on his computer where he can have a record of contact, document exchanges, and ensure progress is made to get you the answers you need. As such, feel free to email David at [email protected], as your initial contact. This goes directly to David and remains confidential, the same as if you had already retained him as an attorney.