Have you been injured due to someone else’s negligence in McAllen, Texas? You could be entitled to significant compensation. Call The Edwards Law Firm to learn more about your options.
Personal injuries can happen in any environment. No matter where you have an accident in McAllen, Texas, if someone else’s negligence caused your injuries, Texas law states you can seek compensation. Effective legal representation can help you seek the maximum compensation you deserve for medical bills, lost wages, pain and suffering, and more.
Whether you suffered catastrophic injuries or you lost a loved one in a wrongful death, a McAllen personal injury attorney from our law firm can investigate your claim, pursue the at-fault party, and demand compensation for your damages. Contact us for a free case review to discuss your situation and what your next steps should be.
Some types of personal injuries are more common than others. Even in McAllen, Texas, an area known for being generally affordable, warm, and sunny, with a low crime rate and a vibrant and diverse community, accidents can still happen unexpectedly. If someone else’s negligence even partly caused an accident, then it becomes a personal injury case and you have the right to pursue compensation for your medical bills, lost wages, and more.
Here are the most common types of personal injury cases we see:
Motor Vehicle Accidents: Car accidents are prevalent in Texas and nationwide, with truck accidents often causing severe brain and spinal injuries. It's essential to seek legal advice to ensure you receive fair compensation for your injuries.
Bicycle Accidents: These accidents most often occur in urban areas, with head trauma being a common injury. Fatalities peak from July to October. Remember, it's crucial to always wear a helmet while riding.
Motorcycle Accidents: Motorcycle accidents often result in devastating injuries, especially at high speeds and in urban settings. Motorcyclists should be extra cautious and wear appropriate safety gear to reduce the risk of injury.
Pedestrian Accidents: Accidents involving pedestrians are increasing in frequency in recent years in McAllen. These accidents usually result in severe physical trauma Always be vigilant and follow traffic rules when walking near roadways to prevent accidents.
Product Liability: Injuries from defective products can occur despite the manufacturer's intent. If you've been harmed by a faulty product, consult with a personal injury attorney to understand your legal options.
Slip and Fall Accidents: These premises liability claims result in various injuries, from bruises to broken bones. Property owners have a duty to maintain safe premises, so hold them accountable if you've been injured due to negligence.
Dog Bites: Unleashed dogs can cause harm and infection, particularly to vulnerable individuals. Pet owners must take responsibility for their animals' behavior to prevent dog bite accidents.
Workplace Accidents: Accidents that happen in the workplace can result in denied compensation without proper legal guidance. It's essential to report any workplace injury immediately and seek legal counsel to protect your rights.
Construction Accidents: Falls, defective tools, and various injuries are common in construction settings. Construction workers should undergo regular safety training to minimize the risk of accidents on the job.
Medical Malpractice: Any deviation from accepted standards of care can lead to a malpractice lawsuit. Patients who suspect medical negligence should seek a second opinion and consider legal action if necessary.
Boating Accidents: Alcohol-related operator errors contribute to a third of boating accidents. Boaters should always operate watercraft responsibly and avoid alcohol consumption while on the water.
Train Accidents: Common causes include defective tracks and human error, resulting in severe injuries. Increased safety measures and improved infrastructure are crucial for preventing train accidents.
Aviation Accidents: Errors by pilots or air traffic control can lead to catastrophic outcomes. Airlines must prioritize training and safety protocols to ensure passenger safety.
Nursing Home Abuse: Elderly residents can suffer various forms of abuse at nursing homes. Families should closely monitor their loved ones in care facilities and report any signs of abuse immediately.
Wrongful Death: Acts resulting in someone's death can lead to legal claims by surviving family members. Seeking justice through a wrongful death claim can provide closure for families who have lost a loved one due to negligence.
If you have been injured in any type of personal injury accident in McAllen, Texas, or surrounding areas, contact The Edwards Law Firm for assistance. We offer free consultations so you can go over the details of your case with an experienced McAllen personal injury lawyer and find out what the best path forward will be for you to receive fair compensation.
In a personal injury case in McAllen, Texas, determining liability is a crucial aspect of seeking justice and compensation for the harm caused. Understanding who is responsible for the injuries sustained can greatly impact the outcome of the case. Whether it involves a car accident, slip and fall incident, or medical malpractice, identifying the liable party is essential for holding them accountable and ensuring that the victim receives the proper legal remedy. In this section, we will explore the various factors that determine liability in personal injury cases in McAllen, Texas, and shed light on the legal principles that guide these complex matters.
In Texas, liability insurance is mandatory to cover damages from car accidents, such as property damage and injuries. The liable party is usually the at-fault driver, but can also include their employer or the vehicle owner. In commercial truck accidents, the trucking company may share responsibility.
For slip and fall accidents in Texas, premises liability law holds property owners accountable for maintaining safe premises and protecting visitors from foreseeable risks. This includes work-related injuries. Establishing liability for a slip and fall accident in Texas involves proving factors like duty of care, notice of the hazard, foreseeability, and causation.
Medical professionals in Texas have a duty of care toward patients. If they fail to provide the expected level of medical care, causing harm, they may be liable for medical malpractice. Proving liability for medical malpractice requires demonstrating elements like the doctor-patient relationship, breach of the standard of care, causation of harm, and actual damages suffered by the patient.
Product liability in Texas holds manufacturers, distributors, or sellers accountable for injuries caused by dangerous or defective products. Liability can be established under categories such as strict liability, negligence, and breach of warranty.
In Texas, dog bite liability follows negligence, common law, or the one-bite rule. Dog owners may be responsible for the first bite or injury caused by their dog if they were aware of the dog's potential for violence or past aggression. Statutory strict liability may apply if the dog previously attacked someone or if the owner knew about the dog's behavior. In such cases, the dog owner can be held liable for the victim's lost wages, medical expenses, mental distress, and other damages resulting from the dog attack.
While this is not an exhaustive list of the various liable parties in common personal injury cases, it illustrates the fact that many different parties can play a role in causing an accident to happen, ranging from negligent drivers, pet owners, property owners, manufacturers, and even government agencies. If you suspect that negligence played a role in an accident in which you were injured, you should reach out to an attorney to seek assistance in pursuing compensation.
In a personal injury claim in McAllen, Texas, establishing negligence is crucial in determining liability for the accident. Negligence occurs when someone fails to exercise reasonable care, resulting in harm or injury to another person. To establish negligence, four key elements must be proven: duty of care, breach of that duty, causation, and damages. By demonstrating that the responsible party owed a duty of care to the injured party, failed to meet that duty, directly caused the accident, and resulted in measurable damages, a strong case for negligence can be established in a McAllen personal injury claim.
Following are the key aspects in more depth for how liability is established in personal injury cases:
Comparative negligence is a legal concept used in McAllen, Texas, and other places to determine the extent of responsibility of each party involved in an accident. In situations where both parties share some degree of fault, comparative negligence is used to allocate responsibility fairly.
In McAllen, Texas, the legal system follows a "modified comparative negligence" approach. This means that if a person is found to be more than 50% at fault for an accident, they may not be entitled to receive compensation for their injuries or damages. However, if a person is determined to be 50% or less at fault, they can still seek compensation, but the amount they receive will be reduced based on their level of fault.
For example, if Driver A was speeding but Driver B ran a red light, causing a collision, a court may find that Driver A was 20% at fault while Driver B was 80% at fault. If the total damages were $10,000, Driver A would be entitled to receive $8,000 ($10,000 minus 20%) from Driver B's insurance company. This allows for a fair distribution of responsibility and compensation based on each party's degree of fault in the accident.
This system ensures that all parties involved in an accident are held accountable for their actions. It promotes fairness by distributing the blame proportionately among those responsible. It serves as a reminder for individuals to exercise caution and take precautions to prevent accidents from occurring. Being mindful of others' safety and acting responsibly can help reduce the likelihood of accidents and minimize harm to all parties involved.
Personal injury cases can result in various types of damages that a victim may seek in order to compensate for their losses and injuries. These damages can cover a wide range of losses, both economic and non-economic. Here are some of the damages that can be sought in a personal injury case in Texas:
Medical Expenses: This includes all costs related to medical treatment, such as hospital bills, surgery expenses, medication costs, physical therapy, and any other healthcare services required due to the injury.
Lost Wages: Victims may seek compensation for any income they have lost as a result of their injury, including wages from missed work days, reduced work hours, or even loss of earning capacity in the future.
Pain and Suffering: Non-economic damages such as physical pain, emotional distress, mental anguish, and loss of enjoyment of life can also be sought in a personal injury case.
Disfigurement and Disability: If the injury results in scarring, disfigurement, or permanent disability, the victim may seek compensation for the physical and emotional impact of these changes to their appearance or abilities.
Property Damage: In cases where personal property is damaged in an accident, such as a vehicle in a car crash, the victim can seek compensation for repairs or replacement costs.
Loss of Consortium: This type of damage refers to the impact the injury has on the victim's relationship with their spouse or family members. It can include loss of companionship, affection, or support.
Punitive Damages: In cases where the at-fault party's actions were particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Wrongful Death Damages: In cases where a personal injury results in death, the surviving family members may seek damages for funeral expenses, loss of financial support, and loss of companionship.
Legal Fees and Court Costs: Victims may also seek reimbursement for attorney's fees, court costs, and other expenses incurred during the legal process of pursuing a personal injury claim.
In McAllen, TX, the statute of limitations on personal injury cases is generally two years from the date of the injury. This means that individuals who have been injured due to someone else's negligence must file a lawsuit within this time frame to seek compensation for their damages. However, there are some important caveats to be aware of.
One caveat is that the statute of limitations may be tolled or extended under certain circumstances, such as if the injured party was a minor at the time of the injury or if they were mentally incapacitated. In these cases, the clock on the statute of limitations may not start ticking until the individual turns 18 or regains their mental capacity.
Additionally, it is crucial for individuals to consult with a qualified McAllen personal injury attorney as soon as possible after an injury occurs. An attorney can provide guidance on the specific deadlines and legal requirements for filing a personal injury claim in the state, ensuring that the individual's rights are protected and that they have the best chance of obtaining fair compensation for their injuries.
Insurance companies are businesses motivated by profit, which can sometimes lead to them prioritizing their bottom line over the well-being of their policyholders. When dealing with a personal injury in Texas, it's crucial to be cautious when interacting with insurance companies, and that includes both your own as well as the insurance company for the negligent driver who caused your accident. They may try to minimize the value of your claim, delay payments, or even deny valid claims altogether to save money.
To protect yourself when dealing with insurance companies after a personal injury in Texas, it's important to document all communication with them, including phone calls, emails, and letters. Keep thorough records of your medical expenses, lost wages, and any other damages incurred due to the injury. Consider consulting with a personal injury attorney who can provide guidance and ensure that your rights are protected throughout the claims process.
Remember that insurance companies are not always on your side, so it's essential to advocate for yourself and seek professional help to navigate the complexities of the claims process effectively. The best thing you can do is to have your attorney communicate with any insurance agents on your behalf instead of speaking to them directly.
When considering hiring a McAllen personal injury lawyer, the cost is often a significant concern for many individuals. At The Edwards Law Firm, our personal injury lawyers work on a contingency fee basis for these types of cases. That means we will never ask you to make a payment upfront, and you will only have to pay if we win your case.
Contingency fee arrangements for personal injury matters in McAllen, TX, are a common practice in which a lawyer agrees to represent a client without requiring any upfront payment. Instead, the attorney's fee is contingent upon the successful resolution of the case, typically through a settlement or court judgment. This fee structure is particularly beneficial for individuals who may not have the financial means to afford legal representation but still deserve access to justice.
In McAllen, TX, contingency fee arrangements are regulated by the State Bar of Texas and must comply with specific guidelines to ensure fairness and transparency. Typically, attorneys will receive a percentage of the final settlement or court award as their fee, with the exact percentage agreed upon at the beginning of the representation. This means you will know from the beginning how much your attorney will take as their fee in the event they are able to secure compensation for you. Since it is well established through history that cases where attorneys represent clients tend to fare far better than cases where plaintiffs represent themselves, you will likely still come out ahead even after paying for your lawyer’s services.
Clients will always be made aware of any additional costs that may arise during the legal process, such as court fees or expert witness expenses, which are typically separate from the attorney's contingency fee. It's important for individuals considering a contingency fee arrangement to discuss all terms and potential outcomes with their attorney before proceeding with legal representation to ensure a clear understanding of the agreement.
We care about helping injured people in our communities. If you need help, reach out todayl. Get to know our legal team at the Edwards Law Firm and what we can do for your personal injury claim with a free consultation by calling us today at 361-320-6752.
