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 a McAllen personal injury lawyer at De La Garza Law Firm to represent your personal injury claim.

In this guide:

Texas Statute of Limitations for Personal Injury Cases

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 personal injury 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 Firm as soon as possible to determine your unique deadline.

What to Do After an Accident 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.

  1. 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.
  2. Seek medical treatment promptly and save all records of your visits.
  3. Exchange contact information and insurance details with the other person involved in the accident.
  4. Take pictures of your injuries, the area around the accident site, and any damage to your property, if applicable.
  5. Avoid speaking to the insurance companies before contacting a McAllen personal injury lawyer.
  6. Contact an personal injury lawyer to discuss your case as soon as possible.

Typical Cost of a Personal Injury Lawyer

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.

Do I Need to Hire a Lawyer?

A personal injury attorney is an investment in your future. Alone, you will have to handle paperwork, recover evidence, speaking with other attorneys and insurance companies, and conducting an investigation by yourself — all while dealing with the aftermath of a serious injury. With a McAllen personal injury attorney 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.

Why Choose De La Garza Law?

  • The accident attorneys from our law firm only take 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.

Compensation for Accidents and Injuries in McAllen, TX

Under Texas law, victims have the right to collect compensation for the economic and non-economic damages they 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 economic damages accident victims can recover include past and future medical bills and expenses, lost wages and loss of future earnings, and property damage. You could also recover compensation for non-economic damages such as mental anguish, post-traumatic stress disorder, pain and suffering.

Is There a Cap on Damages in 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.

Personal Injury Cases We Represent

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.

If you or a loved one was hurt by a negligent party, seek compensation for your damages. Talk with a legal team to discuss your options.

What To Look For in a Personal 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 to obtain the compensation that you deserve. When deciding which McAllen personal injury lawyers 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 team of McAllen personal injury attorneys.

Can a Personal Injury Attorney Represent a Car Accident Claim?

Auto accidents are common in South Texas. Under state law, the person responsible for the motor vehicle accident must pay for the damages you and other victims suffer. Texas’s fault-based system provides three options for pursuing financial 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 for to file a lawsuit first, depending on your case. Speak with a McAllen car accident lawyer for assistance in these cases. Your personal injury attorney can represent your best interests in the courtroom and while speaking with insurance adjusters in an auto 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.

Crash data from the Texas Department of Transportation shows that there were over 15,000 crashes in Hidalgo County, of which 332 resulted in catastrophic injuries. Suffering an accident in McAllen is not uncommon, its location next to the border and the city’s size make it a busy area for the transportation industry. A negligent driver could cause a serious car accident, pedestrian injuries, trucking accidents, wrongful death and other unfortunate accidents. Our law firm has experience representing personal injury claims in the area and will work tirelessly to reach the best possible outcome for you and your family.

Proving Negligence in Personal Injury Cases in McAllen, Texas

All personal injury cases rely on the concept of negligence, which states that the at-fault party was responsible for your mild or severe injuries through a negligent act or omission. To prove negligence, victims 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 laws, which is a breach of care. Landlords failing to maintain their property is another act of negligence, as well as construction supervisors failing to maintain safety regulations.

Call Today For a Free Consultation With A McAllen Personal Injury Lawyer

If you or a family member are struggling with a personal injury in South Texas, De La Garza Law Firm is here for you. Our team offers free, no-obligation consultations with our McAllen legal professionals so you can better understand your legal options on recovering compensation. Contact our McAllen personal injury lawyers to schedule your consultation and begin taking your first steps to justice. We represent clients in McAllen, Edinburg, Weslaco, and throughout Hidalgo County.



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