McAllen Personal Injury Lawyer
Accidents can have devastating impacts on our lives. Depending on the nature of your injury, you may face medical bills, lost wages, property repair costs, and more — and if someone else is responsible for these damages, Texas law states he or she must pay for them. In these situations, trust the McAllen personal injury lawyer at De La Garza Law Firm to represent your personal injury claim.
Why Choose Our McAllen Injury Attorneys?
- Our firm only takes on a limited number of cases at a time, ensuring we give our full power and attention to each and every client.
- Our attorney, Rafael De La Garza, is a skilled negotiator who can advocate for your needs in tough mediation situations and will not hesitate to proceed to trial if necessary.
- We value direct communication throughout each stage of your case, and your injury attorney will always be available to answer any questions you may have.
What Should You Look for In an Injury Lawyer?
When it comes to personal injuries, the attorney you hire to handle your case must have the skills, knowledge, and tenacity necessary to pursue your claim to the fullest extent possible. When deciding who to hire, look for the following characteristics.
- A strong track record of successful settlements
- Knowledge and experience handling personal injury claims in your practice area
- A wealth of resources to investigate your claim and build your case, such as access to expert witnesses who can provide testimony
- Experience working within the court systems in McAllen and the surrounding areas
- Positive reviews from former clients
- Strong negotiation skills and extensive trial experience
- A contingency fee payment structure for maximum affordability
De La Garza Law Firm can provide all of these benefits to you and more, including direct communication and personalized client attention. Contact us today to schedule a consultation with our personal injury lawyer.
What Is the Statute of Limitations in Texas?
All civil lawsuits in Texas are subject to a statute of limitations, which sets a deadline for filing your lawsuit. If you do not file your claim by this deadline, the court will dismiss it and you will lose your chance at compensation.
You have two years from the date of your injury to file your lawsuit. There are a few exceptions to this rule, but it is best to speak to a McAllen personal injury attorney from De La Garza Law as soon as possible to determine your unique deadline.
What Should You Do After Being Injured in Texas?
The moments after an accident can feel overwhelming and disorienting, but this is also the time where the evidence is freshest. If you can do so safely, take the following steps after your accident to help protect your future case.
- Call 911 as soon as possible, report the accident to law enforcement, and collect the information of the responding officer so you can find the accident report later.
- Seek medical treatment promptly and save all records of your visits.
- Exchange contact information and insurance details with the other person involved in the accident.
- Take pictures of your injuries, the area around the accident site, and any damage to your property, if applicable.
- Avoid speaking to an insurance adjuster before contacting a McAllen personal injury attorney.
- Contact a personal injury attorney to discuss your case as soon as possible.
Compensation for Accidents and Injuries in McAllen, TX
Under Texas law, you have the right to collect compensation for the economic and non-economic damages you incurred as a result of the accident. Economic damages involve your out-of-pocket losses, while non-economic damages refer to your physical and emotional pain and suffering.
Common damages in McAllen personal injury cases include the following.
- Past and future medical expenses
- Lost wages and loss of future earnings
- Mental anguish
- Post-traumatic stress disorder
- Property damage
- Chronic pain
- Disability and disfigurement
Were You Injured in an Auto Accident?
Auto accidents are common in South Texas. Under state law, the person responsible for the accident must pay for the damages you and other victims suffer. Texas’s fault-based system provides three options for pursuing compensation after a car accident.
- Filing a claim with the at-fault party’s insurance company
- Filing a claim with your own insurance company, if you have the appropriate coverage
- Filing a lawsuit in civil court
In most cases, your car accident case will begin in the insurance process and progress to a lawsuit if necessary. However, it may be beneficial to file a lawsuit first, depending on your case.
Can a Personal Injury Attorney Represent Your Car Accident Claim?
Your personal injury attorney can represent your best interests in the courtroom and while speaking with insurance adjusters in a car accident case. Your attorney will evaluate your claim and determine which pathway you should follow, as well as guide you through conversations with the insurance company. Your McAllen personal injury lawyer will also be able to estimate your settlement and vet any offers you receive, preventing you from accepting a lower settlement than what you need.
Proving Negligence in McAllen Personal Injury Cases
All personal injury cases rely on the concept of negligence, which states that the at-fault party was responsible for your injuries through a negligent act or omission. To prove negligence, you will need to supply evidence to support the following elements.
- The at-fault party owed you a duty of care.
- The at-fault party breached his or her duty.
- The breach of duty directly caused your injuries.
- You suffered damages as a result of your injuries.
Many negligent acts fall within this definition. For example, running a red light prior to causing a car crash breaks traffic law, which is a breach of care. Landlords failing to maintain property is another act of negligence, as well as construction supervisors failing to maintain safety regulations.
What Are Common Causes of Personal Injuries?
Personal injuries can occur for a number of reasons and due to a number of accidents. Common types of McAllen personal injury claims include the following.
- Car accidents
- Motorcycle accidents
- Construction accidents
- Slip and falls
- Workplace injuries
- Trampoline park accidents
- Pedestrian accidents
Is It Worth It to Hire an Injury Attorney in McAllen, TX?
A personal injury attorney is an investment in your future. Alone, you will have to handle paperwork, speaking with other attorneys and insurance adjusters, and conducting an investigation by yourself — all while dealing with the aftermath of a serious injury.
With an McAllen personal injury lawyer on your side, you have an advocate with deep knowledge of Texas personal injury law and a wealth of investigative resources and techniques for the benefit of your case. In addition, your experienced injury attorney will understand how to file your claim, estimate and evaluate your settlement needs, and represent your case without unnecessary errors or delays.
For best results, choose a professional to handle your personal injury claim.
What Does a Personal Injury Lawyer Typically Cost?
Many people refrain from seeking legal representation because of the high cost of attorney fees. However, many personal injury attorneys like De La Garza Law Firm operate on a contingency fee basis.
Under this structure, you do not pay any legal fees unless we secure a settlement on your behalf. If our attorney does secure compensation for you, we will take an agreed-upon percentage as payment for our services. The typical contingency fee is around 33% of the final settlement.
Is There a Maximum Amount You Can Receive for Your Injuries in McAllen, Texas?
Texas does impose caps, or limits, on the amount of certain damages you can receive in a personal injury lawsuit. However, these caps only apply to non-economic damages in medical malpractice claims. You can only collect up to $250,000 per defendant and $500,000 overall in these types of damages.
Free Consultation with Our Experienced South Texas Legal Team
If you are struggling with a personal injury in South Texas, De La Garza Law Firm is here for you. We offer free, no-obligation consultations with our McAllen legal professionals so you can better understand your legal options.
Contact us today to schedule your consultation and begin taking your first steps to justice.