Dallas Dram Shop Lawyer
Seeking Justice for Texans Injured by Overserved Individuals and Intoxicated Minors
Have you suffered injuries because of the actions of an intoxicated minor or an adult who was clearly overserved? Under Texas’s dram shop laws, you may be able to hold the alcohol-serving or alcohol-selling establishment accountable and recover compensation for damages.
Whether you were injured in a drunk driving accident or an assault, our team at Mathias Raphael PLLC Accident & Injury Lawyers can help you understand your rights and fight to recover what you deserve. Our Dallas dram shop attorneys can investigate the circumstances of your case, identify liable parties, and take legal action on your behalf. Using strategic thinking and an outside-the-box approach, we aim to achieve the best possible results and secure maximum compensation, and our track record of securing millions for our clients speaks for itself.
If you aren’t sure whether you have a case under Texas’s dram shop laws, we urge you to schedule a free consultation by contacting us online or calling (469) 689-0200.
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Understanding Texas’s Dram Shop Laws
Texas's dram shop laws are designed to hold alcohol-serving establishments accountable for the foreseeable consequences of their actions. Under these laws, if a licensed provider, such as a bar, restaurant, or store, serves alcohol to an already intoxicated individual or a minor, and that person subsequently causes harm to another, the establishment can be held legally responsible.
The key aspect of these laws is the concept of "obvious intoxication," which means that the server should have recognized that the person was intoxicated to the degree that they posed a clear danger to themselves or others. This distinction aims to deter irresponsible alcohol service and reduce the risks associated with excessive drinking.
While Texas's dram shop laws are often associated with drunk driving accidents, they extend far beyond this specific type of incident. These laws generally apply to any harm caused by overserved individuals or intoxicated minors, broadening the scope of accountability for alcohol-serving establishments. For example, if an overserved person leaves a bar and assaults someone, the establishment that served the alcohol could potentially be held responsible for the resulting injuries under the state’s dram shop laws. Similarly, if a severely intoxicated individual causes property damage, whether through reckless behavior or intentional vandalism, the entity that provided the alcohol could face legal repercussions.
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How Do I Prove Dram Shop Liability in Texas?
To successfully pursue a dram shop case, you must be able to prove two primary elements: first, that the establishment provided or sold alcohol to someone who was obviously intoxicated, and second, that the intoxication was a proximate cause of the damages or injuries. Proving these elements often requires thorough evidence, such as witness testimonies, surveillance footage, receipts, and expert analysis of the individual's level of intoxication. Our Dallas dram shop attorneys understand how to investigate these cases and can help you gather the necessary evidence.
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How Long Do I Have to Pursue a Texas Dram Shop Case?
Generally, victims of incidents involving intoxicated individuals have two years from the date of the incident to file a dram shop lawsuit. Failing to initiate legal action within this period can result in the loss of your right to seek compensation for damages. The two-year limit applies to most Texas personal injury claims, which are the most common type of case brought under the state’s dram shop laws.
It is also important to note that dram shop claims frequently involve complex investigations requiring the gathering of detailed evidence, such as witness testimonies, surveillance footage, and expert assessments. Due to the amount of time and effort involved in building a robust case, you should not wait to reach out to our team at Mathias Raphael PLLC Accident & Injury Lawyers. Getting in touch as soon as possible gives us more time to prepare a strong claim.
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What Damages Can I Recover in a Texas Dram Shop Case?
In a Texas dram shop case, you have the right to seek a range of damages intended to compensate for the losses incurred due to the negligent serving of alcohol. These damages can be categorized into economic and non-economic damages, each serving to address different aspects of the harm you have suffered.
Economic damages include:
- Medical expenses. This includes all costs related to medical care required as a result of the incident. It covers emergency room visits, hospital stays, surgeries, medication, physical therapy, and any future medical treatments that may be needed.
- Lost income. If the victim's injuries prevent them from working, you can claim compensation for lost income. This can also extend to future earning potential if your injuries have long-term impacts on your ability to work.
- Property damage. In cases where property was damaged as a result of the incident – such as in car accidents involving drunk drivers – you can recover the costs of repair or replacement of the damaged property.
Non-economic damages include:
- Pain and suffering. This encompasses the physical pain you have sustained due to your injuries.
- Mental anguish. You can seek compensation for anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the incident.
- Loss of enjoyment of life. Severe injuries might prevent you from participating in activities and hobbies you once enjoyed. You can seek damages to compensate for this diminished quality of life.
Our Dallas dram shop lawyers are ready to help you understand your legal options. Call (469) 689-0200 or contact us online today!
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"Attorney Raphael & Attorney Mathias are both very forthcoming & handle each case with care!"I have worked with this office on many different life care plans for personal injury cases and each time it’s been wonderful. Attorney Raphael and Attorney Mathias are both very forthcoming and handle each case with care. I would definitely recommend them!- Brandy C.
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"Damon took my case when others would not consider it."
Damon is the one attorney who took my case when others would not consider it. He is good at explaining the next steps and possible outcomes. Professionalism shows through in all he does. I recommend him for your legal matter.
- Carolyn -
"Mr. Mathias went above and beyond for me!"
Mr. Mathias went above and beyond when I got in an automobile accident making the situation stress free. He allowed me to concentrate on getting a new vehicle and getting the appropriate treatment instead of worrying about medical bills and settlements.
- James -
"Truly amazing attorney!"
Truly amazing Attorney! This guy went above and beyond my expectations, from a broken wired up jaw. To a well deserved settlement. Thanks again!
- S. Plowden -
"Better outcome than imagined."
Mathias Raphael PLLC Accident & Injury Lawyers handled our case well and gave us a better outcome than we could have ever imagined. Thanks to Damon, Ori and their entire team!
- Eric B. -
"Attorney Ori Raphael fights for you!"Ori gives it his all to fight for you!- Amir A
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"Hire these guys!"These guys are great! Ori really went above and beyond and every time I needed good advice or help, he was there for me.- R.J.
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"Mr. Raphael was very helpful and responsive to our needs!"Mr. Raphael was very helpful and responsive to our needs. He provided excellent service with polite,gentle and sensitive care,from the time he greeted us all through the process. I felt very confident trusting him with our case and he came through for us and got us more than we imagined.- Avi P.