Personal Injury Lawyer in Palmview
Experienced Palmview Personal Injury Lawyers Here to Protect Your Rights
What to Do After Being Injured in an Accident
When an accident occurs as a result of someone else's negligence, you may be entitled to compensation. Whether it is a wrongful death situation or an accident that caused serious personal injury, you may be able to hold the individuals liable for the injuries suffered when proving that the defendant's negligence is directly responsible.
Injured in an Accident?
Get the compensation you deserve! Contact us today for a free consultation. Call (830) 445-2035 now.
Personal Injury Cases We Handle
The various personal injury cases our firm handles include, but are not limited to:
- Motor vehicle accidents
- Premises liability issues
- Truck accidents
- Medical malpractice
- Motorcycle accidents
- Wrongful death
- Drunk driving accidents
If you've been involved in one these used in the system, then you should seek the legal advice of a Palmview personal injury lawyer, Attorney Arturo A. Gonzalez immediately.
Understanding Comparative Negligence in Personal Injury Cases
In Texas, comparative negligence is an important concept in personal injury cases. It refers to the idea that the injured party may share some degree of fault for the accident that caused their injuries. This can affect how much compensation they can receive.
- What it means: If you're partially at fault for the accident, your compensation may be reduced by your percentage of fault. For example, if you're found to be 30% at fault for an accident, and your damages are $100,000, you would only be able to recover 70% of that amount ($70,000).
- How it works: In Texas, the court uses a modified comparative negligence rule. If you're found to be more than 50% at fault for the accident, you may not be eligible for compensation at all.
- Why it matters: It's important to work with a personal injury lawyer who can help prove the other party’s fault and minimize the percentage of blame that might be placed on you.
The Role of Insurance in Personal Injury Cases
Insurance companies play a significant role in personal injury claims. After an accident, insurance policies may cover medical costs, property damage, and other related expenses.
- Claims process: After an accident, you or your lawyer will file a claim with the responsible party’s insurance company. This process includes submitting evidence, medical records, and other documents to support your case.
- Dealing with adjusters: Insurance adjusters assess the value of your claim. However, they may offer a settlement that is lower than what you deserve.
- How a lawyer helps: An experienced attorney ensures that you don't accept a low settlement. They’ll handle negotiations with the insurance company, making sure you receive fair compensation for your injuries.
What to Expect During the Personal Injury Claims Process
The personal injury claims process typically follows these steps:
- Initial Consultation: A lawyer will evaluate your case and discuss your options.
- Investigation: The lawyer will gather evidence, talk to witnesses, and review medical records.
- Demand Letter: Your lawyer will send a demand letter to the insurance company outlining your damages.
- Negotiation: Insurance companies may offer a settlement, which your lawyer will negotiate on your behalf.
- Litigation: If a settlement cannot be reached, your lawyer may file a lawsuit, and your case could go to trial.
Statute of Limitations for Personal Injury Claims in Texas
In Texas, there are time limits for filing personal injury claims, known as the statute of limitations.
- Timeframe: In most personal injury cases, you have two years from the date of the accident to file a lawsuit. If you don't file within this period, you could lose your right to seek compensation.
- Why it matters: It's crucial to act quickly after an accident. Waiting too long to file your claim can severely limit your options and your ability to recover damages.
- Exceptions: Some cases, like those involving government entities or medical malpractice, may have different time limits. Always consult with a lawyer promptly to understand the specific deadlines for your case.
Understanding these concepts can help you navigate the complexities of a personal injury claim and ensure that your rights are protected.
The Importance of Medical Documentation and Evidence
Gathering medical records, accident reports, and other forms of evidence is crucial when pursuing a personal injury claim. These documents help to establish the facts of the case and provide proof of the injury’s severity.
Key pieces of evidence include:
- Medical records: These show the extent of injuries, treatments, and the progress of recovery.
- Accident reports: These provide details on how the accident happened and who was at fault.
- Witness statements: Testimonies from those who saw the accident can strengthen the case.
- Photos and videos: Visual evidence of injuries or the scene can be very persuasive.
How Personal Injury Lawyers Determine the Value of a Case
Personal injury lawyers assess a case’s value by evaluating several key factors:
- Medical expenses: This includes the cost of treatments, surgeries, and ongoing care.
- Lost wages: Compensation for time missed from work due to the injury.
- Pain and suffering: This is the emotional and physical distress caused by the injury.
- Long-term effects: Lawyers consider how the injury might impact the victim’s life in the future.
These factors help lawyers estimate a fair settlement or compensation amount.
When To Contact A Personal Injury Lawyer
If you or a loved one has been seriously injured or died in a wrongful death situation, you deserve to receive maximum compensation. Arturo A. Gonzalez is a skilled Palmview personal injury attorneywho has successfully represented individuals and their families who have suffered serious injuries or death.
If you have been involved in such a matter, then it is important to seek our firm's legal advice as soon as possible. We can direct and advise you how to best protect your rights and interests and ensure that you receive all of the benefits and compensation you are entitled to under the law.
Frequently Asked questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at (830) 445-2035 today!
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Do I still have a case if I received a traffic citation stating I cause of the accident?The situation depends if the accident was not completely your fault. You can still recover damages from the other driver for the portion of the accident that was his or her fault.
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Do I have to let my insurer know about the accident if the accident was not my fault?Yes, you need to inform your insurance company of the accident even if you weren't at fault.
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What if I don’t report the accident to my insurance company?If you do not report the accident, the insurance company may deny payment of any claims you file subsequently. Your insurance company must notify you within 30 days of receiving proper notice of the claim whether it will pay or deny your claim, or inform you that it is still in the investigation stage.