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WITH NATIONAL RECOGNITION IN PERSONAL INJURY LAW - CAR AND TRUCK WRECKS, PRODUCTS LIABILITY, DANGEROUS DRUGSCar Wrecks and other accidents can happen anywhere at any time and so do injuries. The injuries may not be your fault, the other party may be negligent. You deserve justice for your injuries when the accident is not your fault. We demand justice.
If you weren’t the person who caused your car wreck, or other serious accident and resulting injuries, you have every right to expect the at-fault party to pay for your losses. But how do you hold a negligent person accountable when they’ve caused your injuries and losses? You may need to file a personal injury claim against the person who harmed you.
If you were involved in a car wreck, for instance, and a distracted driver caused the accident, you could file a claim for compensation. The at-fault driver’s insurer could be forced to pay for your losses.
If the other side refuses to pay or won’t offer a fair settlement, you can take them to court. There’s a lot that goes into filing a personal injury claim for an accident. For example, your accident must be investigated to discover who caused it. Evidence must also be collected in order to prove the other party’s negligence.
Fortunately, a Texas personal injury lawyer at our firm can assist you with every step of the injury claim process. Our principal office location is in Corpus Christi where our team of case managers and attorneys will help you resolve your issue, they are available by phone, text, email, or even Skype.
If you have a national injury claim or car wreck we can handle it. We have other offices in major Texas cities so that we can visit with you near you in person, just call us and we’ll schedule an appointment.
We can visit you in Corpus Christi * San Antonio * Austin * Victoria * Edinburg * Laredo * Houston * Dallas * El Paso * Port Lavaca
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About Alex R. Hernandez Jr.
Alex R. Hernandez Jr. graduated from St. Mary’s University School of Law in San Antonio, Texas in 2001. Three days after passing the Texas bar, he won his first car accident trial. Mr. Hernandez uses his legal knowledge and experience to excel at personal injury law, especially car and truck wrecks. When you need an experienced car wreck lawyer in Texas call Alex first 1-888-HDZLAW-8.
read moreHow Our Firm Can Help You
What does a personal injury and car wreck attorney do for you? The attorneys at our firm will guide you through the entire injury cand car wreck claim process. We will investigate your accident and collect the evidence you need to prove your case. We will put your claim paperwork together and handle insurance adjusters on your behalf. We will fight to see that you receive the compensation and justice you deserve.
Your attorney will also help you calculate the value of your claim so you don’t receive less than the maximum compensation allowable in your case. Many people don’t even know the true value of their damages until they’ve spoken with a lawyer. If the other side won’t offer you the settlement you’re owed, your attorney can even fight for you in court.
There’s No Need to Go It Alone
Some accident and injury victims believe they can file an injury claim without hiring legal assistance. Whether they think the cost of a lawyer would be too much or they simply think they can do a better job at fighting for compensation, going it alone is not usually in their best interests. Your Texas injury lawyer at our firm knows the law. We can guide your case to the best possible outcome.What is Negligence?
How Negligence Plays a Role in Your Personal Injury or Car Wreck Claim
Negligence is a term referring to the concept that when a person has acted carelessly and caused another harm, they can be held accountable for the harm they’ve done. In other words, you would not have been injured had it not been for that person’s actions.
It’s this idea of negligence that allows you to file a claim for damages. While you may believe another person was acting negligently and brought about the accident that injured you, you will be required to prove the at-fault party’s negligence. If you can prove that they were the reason you were hurt, you will likely win your case.
The only thing that follows is calculating your damages so you can receive full compensation for your accident.
Understanding Comparative Negligence in Texas
When a person is injured in an accident, sometimes the other party is not 100 percent to blame. Consider this: In some accidents, the injured party might have contributed to the accident in some way.
For instance, if you are injured in a car crash because a red light runner struck you, it may be found that you were 10 percent to blame because you weren’t paying attention. You can still receive damages from the at-fault party, minus your 10 percent responsibility, because of the modified comparative negligence law.
Investigating Your Accident
A vital step in the personal injury claim process is investigating the accident that brought you to this place. You can’t simply accuse someone of being responsible for your injuries and damages without proof. You will need to investigate your accident or have your lawyer assist you so you can gather evidence that proves negligence.
Once you have proof of fault, your personal injury lawyer can put together a case against the at-fault party. The more evidence you have, the stronger your injury case will be. It’s also important to collect evidence that proves your injuries and other damages.
Dealing with Insurance Companies
Insurers Don’t Want to Pay You
Another important aspect of the personal injury claim process is working with the at-fault party’s insurance company. When you file an injury claim against a negligent person, it’s often the insurer that pays the settlement on behalf of their policyholder.
You must be able to show the insurer that their insured caused your injuries and is responsible for what happened to you. If you can prove that they owe you compensation for your injuries, the insurer should have to pay for your losses. Unfortunately, insurance companies don’t like paying out on injury claims because they lose money when they do.
You Can Leave Negotiating to Your Lawyer
Insurers will often fight an insurance claim so they can get out of giving you a settlement. At the very least, they will attempt to lower the value of your claim. They may try to say your injuries aren’t as severe as you’re claiming, or they may try to place more blame for the accident on you.
It’s for these reasons that you may want to let your personal injury attorney handle the insurance negotiations. That way, they won’t be able to take advantage of you, place unwarranted blame on you, or use your statements against you.
Injuries and How They Affect You
If you are suffering from a serious injury, you already know how much an injury can change your life. A serious injury can keep you off of your feet, out of the office, and missing out on the activities you enjoy. Injuries can also cause overwhelming physical pain and mental trauma.
For instance, some injuries will cause lasting pain that will make it feel like life is not worth living. Many accidents can also be so psychologically distressing that you are unable to sleep and are faced with nightmares due to the incident. Some people will even suffer permanent injuries.
What Types of Damages You Could Receive
What Types of Damages You Could Receive
Accidents can cause tremendous upset in your life, negatively impacting your financial stability and happiness. Your injuries could be causing enormous physical pain and mental and emotional trauma. Many people who are injured in accidents become permanently disabled, unable to return to the life they lived previously.
Your personal injury attorney wants to see that you are fully compensated—either through a settlement or a court award—for all the hardships this accident has brought to your life.
You may be reimbursed for your financial damages, such as property loss, medical bills, lost income, and physical therapy and mental health treatment costs. You may also be awarded compensation for the negative effects of your accident, including trauma, pain, and suffering.
Types of Personal Injury Cases We Generally Handle
There are many different ways a person can be injured in an accident due to someone’s negligent actions. Below are a few types of personal injury cases and who could be liable in each situation:
- Premises Liability Accidents – A property owner or business owner
- Nursing Home Abuse – The abuser and nursing home
- Dog Bites – The dog’s owner
- Motorcycle Crashes – Another driver, a mechanic, or a manufacturer
- Product Liability – A manufacturing company
- Trucking Collisions – The trucker, loading company, or trucking company
- Maritime Injuries – The employer
- Wrongful Death – Any person who caused the death of your loved one
- Car Wrecks – A driver, mechanic, or manufacturer of the vehicle, car crashes and tire detreads
When you’re injured because of someone else’s negligent behavior, you have the right to seek compensation from them.
No matter what type of accident you were injured in, whether it was a car accident or a dog attack, a personal injury lawyer from our firm will find out who was responsible and work to hold them accountable for what they’ve put you through.
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Who Could Be Liable for Your Car Wreck
A large number of personal injury cases involve auto collisions. These cases do have some unique laws associated with them. For instance, in Texas, all drivers are required to carry auto wreck insurance so that if they harm someone, they will be able to pay for that person’s damages.
Drivers can cause vehicle collisions for a number of different reasons. They might engage in distracted driving; they could be driving recklessly; or they could be driving while intoxicated, which is also a criminal offense.
Other drivers will often be the people injury claims are filed against, but they aren’t the only parties who could be responsible for auto injuries in Texaas. Many people think that the other driver is automatically to blame, but that may be because they haven’t considered other factors that can cause auto wrecks.
For example, if a driver collides with your motor vehicle, what if they did so because their brakes were defective? In this example, a negligent manufacturer could be liable for your injuries and damages.
What if the road you were driving on was not well-maintained and caused your crash? In this instance, the government could possibly be liable for the injuries and losses you suffered. Here are a few more examples of some of the parties who could be liable for causing an auto accident: mechanics, commercial trucking companies, manufacturing companies, and construction companies.
Your personal injury lawyer may investigate your wreck to figure out what caused it and who is liable. We may gather evidence of fault and help you collect medical evidence of your injuries. We could put together a solid case that shows that you should not have to pay for the vehicle collision. You may be owed compensation for a car crash you didn’t cause.
Personal Injury FAQ
After an accident or injury, you are going to have some questions about filing an injury claim and how much your claim is worth. The attorneys at our firm are happy to answer these questions during a free initial consultation.
Meanwhile, here are some general answers to frequently asked questions about personal injury claims:
How long does a personal injury case generally take? In Texas or anywhere
An injury claim can take anywhere from a few months to a year or more. Most won’t go longer than a year, but it is possible. Some insurers will drag their feet because they hope you’ll give in and accept a lower settlement because you just want to put this accident behind you. Hang in there. It’s worth it to hold out sometimes.
What kinds of personal injury damages can I be compensated for?
You could receive financial compensation for the costs associated with your accident and your suffering. For instance, you may be compensated for lost income, physical pain, mental distress, property damage, medical bills, caregiving expenses, and more.
How long do I have to file a personal injury claim in Texas?
In Texas, you are given a time limit of two years to submit your injury claim against the party who hurt you. This is called the Statute of Limitations. If you let that time frame pass, you likely won’t be able to file a claim at a later time.
Can I still file an injury claim if I was partly to blame for the accident?
Yes, you can—as long as you weren’t the person who was mostly to blame for the accident. The other person will only be required to pay you damages in proportion to the amount of fault assigned to them. For instance, if a negligent party is found to be 75 percent responsible for your accident, you can receive 75 percent of the value of your damages from them.
I don’t think I can afford an attorney. Can you still help me?
Yes! Very few people can afford to pay an attorney up front. That’s why we work out a contingency fee arrangement with personal injury clients. This means that you only pay us for our services if we win your personal injury case. If we don’t win, you don’t pay.
Team Up with a Personal Injury Lawyer in Corpus Christi, Texas
You have every right to seek compensation when someone else’s careless or negligent actions have caused you to suffer injuries. Attempting to file an injury claim by yourself can be overwhelming, and it’s an effort that can easily fail.
Your national personal injury lawyer is ready to help you reach the most successful claim resolution possible. We will work toward full compensation for all of the injuries and losses you’ve endured. Reach out to Alex R. Hernandez Jr., PLLC and schedule a free consultation. Call 361-400-0178 or fill out the form below to reach our top-rated Texaas law firm.
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