When you’ve suffered injuries in Texas due to someone else’s negligence, the road to recovery can be long and tough, and a lot of the difficulty lies in understanding how to effectively bring a personal injury case. The professionals at a personal injury law firm in McAllen, TX have the experience you need.

Uncovering All the Facts

Right from the outset, a Texas personal injury lawyer will launch a thorough investigation into the accident that caused your injuries.  They will seek out and analyze a variety of evidence, such as police reports that may contain critical details about the incident, witness accounts, and assessments of who was at fault. Medical records will be reviewed to document both the physical injuries you sustained and the lasting impact they have on your life.  

Your lawyer might also use photographs and videos from the scene of the accident or security footage to reconstruct events and illustrate the circumstances you faced. Additionally, they may track down witnesses and secure their testimony to bolster your case. Importantly, since Texas operates on a comparative fault system (meaning that if you are found partially responsible for the accident, your compensation could be reduced), your attorney will work diligently to prove the other party’s primary liability and minimize any attempt to shift blame onto you.

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When an accident happens and you are injured through no fault of your own, the experience can be life-altering. Beyond the physical and emotional pain, you may rightly be worried about financial burdens from medical bills, lost income, and other expenses. Fortunately, Texas personal injury law does allow you to recover compensation. Your McAllen, TX personal injury attorney can tell you more about Texas law will apply specifically in your case.

What Counts as a “Personal Injury?”

A personal injury, in legal terms, occurs when you suffer harm due to the negligence or intentional wrongdoing of another person or entity.

For example, car accidents caused by distracted driving can lead to personal injuries. Injuries sustained on unsafe premises due to wet floors, poor lighting, or other hazards, could qualify. Other scenarios that might warrant a personal injury claim include harm caused by a healthcare provider’s errors or omissions, attacks by dangerous animals owned by another person, and injuries caused by malfunctioning or poorly designed products.

Proving Negligence

The foundation of personal injury lawsuits is negligence: i.e., who is responsible? To successfully establish a case, you must be able to demonstrate several key elements. Firstly, you need to prove that the at-fault party owed you a legal duty of care, meaning they had a responsibility to act in a way that would not foreseeably cause you harm. For example, all drivers on the road must operate their vehicles in a reasonably safe manner to avoid putting others in danger and doctors must follow the established standard of medical care when rendering treatment.

Secondly, you’ll need to show that the at-fault party breached this duty of care. This occurs when their actions (or lack thereof) fall below the accepted standard of reasonable behavior. This could look like a driver choosing to text while driving or a property owner failing to fix a known safety hazard. You must then demonstrate that the at-fault party’s breach of duty was the direct cause of your injuries and that you suffered actual damages. These damages can include economic losses like medical expenses and property damage. You may also be able to claim non-economic damages for the pain and suffering, emotional distress, or other intangible consequences.

Insurance Claims and Lawsuits

Most personal injury cases involve dealing with the insurance company providing coverage to the at-fault party. Insurance adjusters are skilled in minimizing their claim payouts, and it’s not in their interest to offer the maximum compensation you deserve. Always work with a lawyer who can negotiate on your behalf. The good news is that most claims are resolved in this negotiation stage.

If attempts to reach a fair settlement with the at-fault party or their insurance company fail, however, your case may proceed to trial. During this formal process before a judge or jury, both sides will present their arguments and evidence. Your attorney will advocate on your behalf to prove the other party’s negligence and secure the maximum compensation for the damages you’ve suffered.

Finding the Right Legal Representation

If you have suffered a significant injury due to someone else’s negligence, it’s very important to talk with an experienced personal injury lawyer in Texas. Don’t try to get through this difficult time on your own. Contact the Almaraz Law Firm today. We represent injured people throughout Texas, with offices in Midland, Houston, Laredo, San Antonio, and McAllen, TX.

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Getting hurt in an accident caused by someone else’s negligence is a nightmare. You’re likely coping with medical bills, lost income, and a lot of pain. It’s understandable to want to know what you can do to get back on track financially, and a McAllen, TX personal injury lawyer at the Almaraz Law Firm can offer insight and help.

Two Main Types of Damages

Personal injury compensation falls broadly into two categories:

Economic or Special Damages

These are the easy-to-prove financial losses related to your injury. It includes things like medical expenses for past, present, and future expenses related to the accident. Your economic damages also include any lost wages and reduced earning potential. You should also get damages for any property damage you sustained, as well as for any out-of-pocket costs related to your recovery. All these are usually pretty easy to quantify with receipts.

Non-Economic or General Damages

Non-economic damages are less concrete. These aim to acknowledge the real impact your injuries have on your life beyond just finances, but there are two issues in calculating them. First, the courts recognize that no amount of money can actually make something like emotional distress “right” in the same way as money can make your economic damages right.

Second, it’s very hard to put a dollar amount on trauma because these are personal and unique to each victim. For example, if you work from home on a computer, and another person works in construction and commutes in a manual-shift car, you could have precisely the same leg injuries yet experience utterly different effects in career stress. Your emotional responses would naturally be different.

Compensation Goes Beyond Immediate Costs

While the initial hospital bill is often staggering, don’t lose sight of the long-term consequences. If your injuries prevent you from returning to work or necessitate continuous care, those costs factor heavily into your claim. An experienced personal injury attorney will work to secure compensation that addresses the full financial impact of the accident on your life: not just pay for some immediate expenses.

That’s why it’s so important to have a personal injury, attorney on your side, because it’s likely that you will be offered a initial settlement by the insurance company quickly. The settlements very often cover only the immediate expenses, and often only the estimated economic damages without taking into full account the long-term impact on your life. In addition, Texas does place some limits on compensation amounts, particularly for non-economic damages. An attorney skilled in Texas law understands the restrictions and the issues and will work to maximize what you’re legally entitled to receive.

How the Almaraz Law Firm Can Help

Rosendo Almaraz, Jr. is a Rio Grande native who has been helping people across the entire state throughout his career and has the experience to thoroughly assess your case and determine the compensation you deserve. Should trial become necessary, he has the courtroom experience and determination to passionately argue your case before a judge.

Remember, that early settlement offer is rarely a good deal. Contact us today at the Almaraz Law Firm from anywhere in Texas for a free consultation on your case.

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If you are involved in an accident or sustain injuries related to hazardous conditions or someone else’s negligence, you may be entitled to compensation. An experienced personal injury lawyer at Almaraz Law Firm in McAllen, TX, will explain the process of filing your specific claim; however, the basic steps are outlined here so you know what to expect.

Steps To File a Personal Injury Lawsuit in McAllen, TX

Seek Appropriate Medical Care

When you experience any type of injury, you should seek appropriate medical care.
Personal injury claims may result from a wide range of situations, including:

• Car accidents
• Improper medical care
• Poor property maintenance
• Workplace injuries
• Wrongful death

If you believe the injury will be covered by an outside insurance policy, such as workers’ compensation, mention that to the care provider. Keep in mind that you should not forego medical attention for an injury because of the cost. This is one of the items that you may be able to recover in a personal injury lawsuit.

Discuss Your Case With a Personal Injury Lawyer

Not all injuries qualify for a legal claim, and you must establish if you have a valid claim before filing a lawsuit. Texas has rules about filing false claims, and you want to stay on the right side of the law. A lawyer will help determine the merits of your case, which is why you want to speak to a qualified injury attorney quickly after suffering an injury caused by someone else.

Lawyers perform crucial services to ensure that legal cases proceed as expected, including investigating accidents and establishing negligence. We also represent you in court and negotiations with other attorneys and insurance providers. 

Provide Records of Injuries and Treatments

Once you decide to move forward with a lawsuit, you must provide records of injuries and the treatments you have received for them. These records support your claims and help establish how much compensation you will seek. Texas law allows you to seek compensatory damages for the following expenses as they relate to your injuries:

• Medical bills
• Lost wages (current and future)
• Costs of repairing or replacing damaged property
• Home modifications related to your injury

In some situations, you may also be eligible to seek punitive damages. This is a more complex type of lawsuit, so be sure to discuss the details with your attorney.

File Your Lawsuit

Most injury claims in Texas start in one of the 400+ district courts throughout the state that handle civil cases. The sheer size and complexity of the Texas court system virtually demands that you have a qualified attorney representing you throughout the process. Failure to file the correct form or at the correct location could result in your claim being dismissed. It may even cause you to go beyond the statute of limitations and miss the opportunity to seek compensation for your injuries.

Choose an Experienced Injury Attorney

Filing a personal injury lawsuit in Texas requires several steps, including investigating the injury, determining appropriate compensation, and filing all required paperwork. Contact Almaraz Law Firm in McAllen to request a consultation and determine your next steps.

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