McAllen Personal Injury Lawyer
Posing potentially life-altering effects, serious injuries warrant compensation when they’re the result of someone else’s negligence. Get what you’re owed by working with a McAllen injury lawyer.
Whether your injuries are minor or severe, temporary or permanent, you deserve proper compensation for all the effects your accident has had on your life. Many victims will quickly learn, however, that comprehensive financial relief can be hard to come by because no party, regardless of their degree of fault, will be eager to shell out thousands of dollars.
To improve your chance of winning your civil claim, contact a McAllen personal injury lawyer at J.A. Davis & Associates, LLP today.
Examples of Personal Injury Cases
Vital to winning any personal injury claim is the accurate identification of the type of harm you have suffered at someone else’s hands. Below are a few examples of categories under which your personal injury case may fall:
- Motor Vehicle Accidents – Although car manufacturers have implemented countless safety features over the past few decades, motor vehicle accidents, which can also include trucks and motorcycles, have actually become more common in recent years. It’s imperative for any injured motorist in Texas to be able to prove that he or she was not primarily at fault for his or her accident.
- Work Accidents – Many people see their workplaces as safe spaces, which makes any work-related accident all the more traumatic. Because workers compensation often doesn’t cover all of victims’ injury-related expenses, going to court is an option that many accident victims may have to consider—under the right circumstances.
- Product Liability – Manufacturers have long tried to follow a standard known as “six sigma,” which acknowledges that, even under optimal manufacturing conditions, there will be occasional slip-ups. McAllen victims of defective product injuries are well-aware that these slip-ups exist. If you were hurt by a defective product, you may have grounds for a product liability suit, regardless of the manufacturer’s intent.
- Premises Liability – Should you get hurt while on someone else’s property, you may be able to recover damages. You will need to prove that the property’s owner was somehow negligent in the upkeep of his or her premises. Property owners’ negligent actions can take on a variety of forms, such as not restraining a pet or leaving a floor wet.
Be Wary of Insurers
Just as children are advised not to speak to strangers, the same advice could be given to accident victims when it comes to insurance companies. Understand that, before anything else, insurers are driven by profits—an aim that can be difficult to reconcile with the need to compensate McAllen injury victims.
That’s why you should never be surprised to see insurers try to twist your words to their liking, regardless of whether what they’re doing is ethical.
Because most people are not adequately equipped to deal with the shady tactics of insurers, we highly recommend obtaining the counsel of a McAllen accident injury lawyer, who can speak to these firms on your behalf.
Legal Concepts to Be Familiar With
Regardless of the amount of expertise your legal team has, it’s important to be familiar with a handful of concepts that relate to personal injury law in Texas.
First and foremost, Texas uses a standard called modified comparative negligence for determining liability, and it can truly make or break your McAllen personal injury case. This standard makes it so accident victims who are primarily responsible for their injuries—meaning they carry 51 percent or more liability—cannot recover damages.
For this reason alone, all parties with money on the line in your claim will likely be very motivated to prove that they don’t carry the bulk of the blame. If they can shift any of the blame onto you, your compensation will decrease proportionally.
Personal injury victims who are not primarily responsible for their injuries are eligible to receive damages proportional to the fault of other parties; 65 percent liability equates to 65 percent of potential damages, for example.
Also to be taken into account is Texas’ statute of limitations, which allows personal injury victims two years from the date of their accident to file a suit. Should you try to sue after this period, you will likely be too late to recover compensation.
A McAllen accident injury attorney with our firm will be sure to inform you of any and all other legal concepts that may pertain to your case.
Common Types of Injuries
Motor vehicle crashes, slip-and-fall accidents, and other types of personal injury cases can cause a wide variety of injuries, all of which have unique and difficult effects on your life. Common types of injuries cited in McAllen personal injury claims include the following:
- TBI, or traumatic brain injury, which includes concussions and contusions
- Bone breaks or fractures
- Spinal injuries
- Face or eye damage
- Nerve damage
- Organ damage
- Internal bleeding
Clearly, the most severe type of injury is a fatal one. That’s why wrongful death claims often come with high settlements and awards for the family members of victims.
Maximizing Your Injury Compensation
To receive maximum damages, you will want to demonstrate to the judge or jury all of the losses you have incurred as a result of your accident, whether they happened in the past, are happening in the present, or are expected to occur in the future.
Examples of losses you may want to document include medical expenses, lost wages or reduced earning power, vehicle repair or replacement, pain and suffering, emotional distress, and worsened quality of life, among others.
Ultimately, the better you can demonstrate how your accident affected your life, in a physical, financial, or psychological sense, the better the chance you will have of receiving a significant sum.
Some personal injury victims may decide to skip going to court altogether in hopes of receiving a more immediate settlement. Although the instantaneous relief of a settlement can be alluring, it usually entails accepting less in total compensation.
Fortunately, a McAllen personal injury claim lawyer can help explain all of your options, allowing you to make the best decision for your own needs.
McAllen Personal Injury FAQ
Below, you’ll find the answers to some common questions injury victims ask us.
I discovered my injury years after my accident. Can I still sue?
Even if you discovered your injuries after the two-year statute of limitations had passed, you may still be able to file a personal injury claim in McAllen. In cases like this, Texas law allows for the statute of limitations clock to begin ticking on the date you discovered your injury.
Can I sue the government for my injuries?
If the government is truly at fault, it is possible to sue a government agency for your injuries. However, these types of claims are complex and fall under a different set of rules, so it’s important to work with a lawyer.
Can I file an injury claim on behalf of my child?
Because children cannot sue or be sued in Texas, you can file a claim on behalf of your child. A McAllen injury attorney can advise you of the special rules that apply to these types of claims.
Contact a McAllen Personal Injury Attorney
Having served over 9,000 clients, and with Spanish-speaking staff members on hand, we are confident that we can help you win your case—no matter how big or small.
To help ensure that you receive proper compensation for your injuries, contact an attorney at J.A. Davis & Associates, LLP today. Call us at 210-732-1062 or fill out the online contact form at the bottom of this page to schedule a free consultation with a McAllen personal injury lawyer.