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The Trial


Although most accident cases settle before trial, there are a few that actually get to a jury. Knowing this, every case in pre-litigation is handled with litigation in mind so as to have a file prepared to go to litigation if the need arises.

So, we need in pre-litigation to have the same proof mindset that we have in litigation.

In a trial, we need to prove two things, and then we need to prove a connector.

First, we need to prove that the accident or incident was the defendant’s fault. We must prove that the defendant is the only person who is responsible for the accident. This is called liability. We must prove the defendant is liable.

Second, we must prove damages. We must prove there were authentic medical bills, lost wages, pain, suffering or any other damages that apply.

Then we must prove the connector. We must prove that it was the accident that caused the damages. The defense may claim that the injuries you suffered came from an earlier accident or incident. We have to prove that the accident, and only the accident, caused the damages we are claiming.

Knowing these elements, we in pre-litigation prepare our cases to prove the exact same elements to the insurance companies with whom we are negotiating. The insurance companies must know that if they refuse to settle with us, we already have the proof we need to be successful in trial.

And that is what makes us always prepared to represent each and every client we have at Bailey & Galyen.

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The Do’s and Don’t’s of an Accident


If you are ever involved in an accident, there are certain things you should absolutely do, and some things you should absolutely not do. These things are extremely important, not just for your well-being, but also to help you should a claim need to be filed, regardless of the type of accident.

The DO’s

DO seek medical attention immediately if you need it. This is the most important thing.

DO call the police. It is critical to get a police report.

DO get the names, addresses, phone numbers, insurance information and license plate numbers of every party involved in the accident.

DO get the name and address of the animal’s owner and any license information if you were injured by an animal bite or attack. Also, make sure to note the breed of animal and take pictures of the animal if possible.

DO get the names, addresses and phone numbers of every witness to the accident.

DO contact your own insurance company. That could include your auto insurance, your medical insurance or even, in some situations, your homeowner’s insurance.

DO take photographs of the accident. If it is an auto accident, take pictures of the vehicles and any visible injuries. If it is a slip and fall, take pictures of whatever caused the slip. If it is a dog bite, take pictures of the dog, the injuries and the area.

DO take detailed notes of what happened. Make sure you include every thought, feeling and impression you have. Include what you saw, heard, felt, smelled and experienced. Make notes of what happened before, during and after the accident.

DO contact Bailey & Galyen.

The DON’T’s

DON’T move your vehicle after an automobile accident unless necessary for safety or required by law. Many cities now require that you move your vehicle from a roadway if possible.

DON’T leave the scene of an accident until the police tell you it is okay to do so.

DON’T dispose of anything that might be evidence. This evidence could include car parts, bloodstained clothes or anything else that might help an investigator. It is better to collect more than you need and not use it than to not have something that would help your claim.

DON’T engage in discussions as to fault with anyone, and make sure you don t apologize for anything it can be considered evidence that you were legally at fault.

DON’T agree to settlement terms without contacting your attorney.

If you follow this simple list of Do’s and Don’t’s , you will be better able to help us, your attorneys, when you are ready to file your claim.

And, as always, if in doubt, call us.

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Texas Auto Accident Lawyers

Texas Auto Accidents

Auto Accident Litigation Law Firm

At the Houston / Dallas law offices of Bailey & Galyen, our Texas Auto Accident Lawyers represent clients in the negotiation and litigation of serious auto accident lawsuits related to:

Catastrophic Personal Injury

Possibly the most common form of catastrophic personal injury, the negligent operation of an automobile on our roadways results in thousands of needless injuries and deaths each year.

The consequences of these accidents can be devastating to both you and your family, leaving you struggling to pay medical bills and replace lost wages while you recover. Adding insult to injury dealing with an insurance bureaucracy concerned only with its own financial well-being rather than fair compensation for your very real injuries.

  • Spinal Cord Injury
  • Brain Damage
  • Amputation
  • Paralysis
  • Burns
  • Scars
  • Paraplegia
  • Back
  • Neck Pain
  • Broken Bones
  • Blindness
  • Deafness

Car Liability Insurance

Our lawyers are intimately familiar with your state’s liability laws and insurance regulations and won’t hesitate to take a case to trial if it’s the only way to secure maximum compensation. In addition, we utilize the latest technology in the investigation of auto accident liability, including accident reconstructions and expert witnesses, in order to identify all liable parties, including:

  • Operator
  • Manufacturer
  • Repair / Maintenance
  • Government (roadway & signage issues)
  • Liquor / Alcohol establishments (“dram shop” laws)

The cost of litigating an automobile / car accident claim against an insurance company is considerable, with substantial up-front expenses related to expert witness testimony, depositions and accident reconstruction. That is why Bailey & Galyen takes all car accident lawsuits on contingency, with NO FEES until we recover a positive judgment as compensation for your injuries.

The auto accident attorneys at Bailey & Galyen offer quality legal services and representation to clients throughout Texas, including Arlington, Bedford, Dallas, Fort Worth, Grand Prairie, Carrollton, Plano, Weatherford, Mesquite, Houston, Clear Lake, TX.

Bailey & Galyen is a nationally recognized Texas law firm with a nationwide practice in the litigation of personal injury and wrongful death lawsuits on behalf of clients across the country. Our TX trial lawyers and accident attorneys provide sound legal advice and aggressive trial representation to clients at multiple satellite offices, including:

Call Our Nearest Office for Prompt HELP:

Bedford Ph 817.868.5500 | Dallas Ph 214.252.9099 : 866.378.4705 | Fort Worth : Ph 817.263.3000 | Houston : Ph 281-335-7744 : 866-715-1529 | Arlington : Ph 817.276.6000 : 877.345.6767 | Grand Prairie : Ph 972.642.7900 : 866.380.3369 | Weatherford: Ph 817.594.5428 | Mesquite: Ph 972.682.7868