Accidents can have devastating effects on our lives. Depending on the nature of your injury, you could be facing medical bills, lost wages, property repair costs, and more, and if someone else is responsible for those damages, Texas law requires them to pay for them. In these situations, trust a McAllen personal injury attorney at De La Garza Law Firm to represent your personal injury claim.
In this guide:
- Texas Statute of Limitations for Personal Injury Cases
- What to Do After an Accident in Texas
- Typical Costs of a Personal Injury Lawyer
- Do I need to hire a lawyer?
- Why Choose De La Garza Law?
- Compensation for accidents and injuries in McAllen, TX
- Bodily injury cases we represent
- What to Look for in a Personal Injury Lawyer
- Can a personal injury attorney claim a car accident?
- Evidence of Negligence in Personal Injury Cases in McAllen, Texas
Texas Statute of Limitations for Personal Injury Cases
All civil actions in Texas are subject to a statute of limitations, which sets a time limit for filing your claim. If you do not file the personal injury claim at that time, the court will dismiss it and you will lose your chance for compensation. You have two years from the date of your injury to file your claim. There are some exceptions to this rule, but it's best to speak with a McAllen personal injury attorney at De La Garza Law Firm as soon as possible to establish your individual deadline.
What to Do After an Accident in Texas
The moments after an accident can be overwhelming and confusing, but it's also the time when the evidence is freshest. If you can safely do this after the accident, take the following steps to protect your future case.
- Call 911 as soon as possible, report the accident to the police, and collect the information from the responding officer so you can locate the accident report later.
- Seek immediate medical attention and keep all records of your visits.
- Exchange contact details and insurance details with the other party involved in the accident.
- Take pictures of your injuries, the area around the accident, and any damage to your property.
- Avoid talking to insurance companies before contacting a McAllen personal injury attorney.
- Contact a personal injury attorney as soon as possible to discuss your case.
Typical Costs of a Personal Injury Lawyer
Many people forego legal representation due to high legal costs. However, many personal injury attorneys, such as the De La Garza Law Firm, operate on a contingency fee basis. With this structure, you pay no attorney fees unless we settle on your behalf. When our attorney secures compensation for you, we charge an agreed percentage as payment for our services. The typical success rate is around 33% of the final deal.
Do I need to hire a lawyer?
A personal injury attorney is an investment in your future. Alone, you must complete the paperwork, gather evidence, speak with other lawyers and insurers, and conduct your own investigation, all while dealing with the aftermath of a serious injury. With a McAllen personal injury attorney by your side, you have an attorney with an in-depth knowledge of Texas personal injury law and a wealth of resources and investigative techniques to benefit your case. In addition, your experienced personal injury attorney will understand how to file your claim, assess and assess your settlement needs, and represent your case without errors or unnecessary delay. For the best results, choose a professional to handle your personal injury claim.
Why Choose De La Garza Law?
- The accident lawyers in our office only handle a limited number of cases at a time to ensure that we give each client our full strength and attention.
- Our attorney, Rafael De La Garza, is an experienced negotiator who can defend your needs in difficult mediation situations and will not hesitate to go to court if necessary.
- We value direct communication at every stage of your case, and your compensation attorney is always available to answer your questions.
Compensation for accidents and injuries in McAllen, TX
Under Texas law, victims have the right to seek compensation for economic and non-economic damages suffered as a result of the accident. Economic damages are related to your expenses, while non-economic damages are related to your physical and emotional pain and suffering. Common financial damages that accident victims can recover include past and future medical bills and expenses, loss of wages and future income, and property damage. They may also seek compensation for non-economic damages such as mental distress, post-traumatic stress disorder, pain and suffering.
Is there a damage limit in Texas?
Texas sets limits, or limits, on the amount of certain damages you can receive in a personal injury lawsuit. However, these upper limits only apply to non-pecuniary damages in the case of medical liability claims. You can only recover up to $250,000 per defendant and $500,000 total on these types of damages.
Bodily injury cases we represent
Personal injuries can occur for many reasons and as a result of various accidents. Common types of McAllen personal injury claims include the following.
- car accidents
- motorcycle accidents
- truck accidents
- construction accidents
- slip and fall
- workplace injuries
- Accidents at the trampoline park
- pedestrian accidents
- product liability
- manslaughter
If you or a loved one was injured by a negligent party, claim compensation for your injury. Speak with a legal team to discuss your options.
What to Look for in a Personal Injury Lawyer
When it comes to personal injury, the attorney you hire to handle your case should have the necessary skills, knowledge and tenacity to pursue your claim to the fullest extent possible and obtain the compensation you are entitled to. When deciding which McAllen personal injury attorneys to hire, consider the following characteristics.
- A solid history ofsuccessful settlements
- Knowledge and experience in the treatment of personal injuries in your area of expertise
- A wealth of resources to investigate your claim and build your case, e.g. B. Access to experts who can testify
- Experience working in the court systems in McAllen andthe surrounding areas
- positive commentsfrom old customers
- Excellent negotiation skills and extensive litigation experience.
- A contingency fee payment structure for maximum affordability
De La Garza Law Firm can offer you all these benefits and more, including direct communication and personal customer service.contact us todayto schedule an appointment with our team of McAllen personal injury attorneys.
Can a personal injury attorney claim a car accident?
Car accidents are common in South Texas. Under state law, the person responsible for the car accident must pay for damages suffered by you and other victims. Texas' error-based system offers three options for claiming monetary compensation after a car accident.
- File a claim with the debtor's insurance company
- Make a claim with your own insurance company if you have adequate coverage.
- File a lawsuit in civil court
In most cases, the car accident starts in the insurance process and leads to a court case if necessary. However, depending on your case, it may be beneficial to file a lawsuit first. talk to aMcAllen car accident attorneyhelp in these cases. Your personal injury attorney can represent your best interests in court and during interviews with insurance adjusters in an auto accident. Your attorney will review your claim and determine which route you should take and guide you through interviews with the insurance company. Your McAllen personal injury attorney will also be able to estimate your compensation and review any offers you receive, preventing you from settling for less than required.
accident data fromTexas Department of Transportationshows that there have been more than 15,000 accidents in Hidalgo County, 332 of which resulted in catastrophic injuries. Accidents in McAllen are not uncommon, and the border town's location and size make it a busy area for the transportation industry. A negligent driver can cause a serious car accident, pedestrian injuries, truck accidents, wrongful death, and other unfortunate accidents. Our law firm is experienced in representing personal injury claims in this area and will work tirelessly to achieve the best possible outcome for you and your family.
Evidence of Negligence in Personal Injury Cases in McAllen, Texas
All personal injury cases are based on the concept of negligence, which states that the at-fault party was responsible for your minor or serious injury through a negligent act or omission. To prove negligence, victims must provide evidence of the following items.
- The missing part owed you a duty of care.
- The culprits violated their duty.
- The breach of duty directly led to his injuries.
- You have taken damage as a result of your wounds.
Many acts of negligence fall under this definition. For example, running a red light before causing a car accident is against traffic laws, which is a violation of due diligence. Landlords who don't take care of their properties are another negligence, as are building inspectors who don't follow safety codes.
Call today for a free consultation with a McAllen personal injury attorney
If you or a family member is dealing with personal injury in South Texas, the Law Office of De La Garza has coverage for you. Our team offers free, no-obligation consultations with our McAllen legal experts to help you better understand your legal options for claiming compensation.Contactour McAllen personal injury attorneys to schedule your appointment and take your first steps towards justice. We represent clients in McAllen, Edinburgh,Weslaco, and throughout Hidalgo County.
FAQs
What percentage do most personal injury lawyers take? ›
As a general rule, the personal injury lawyer will receive 33% of the final settlement amount in the case. However, cases that go to trial often incur different costs. The goal of this fee structure is to minimize the client's financial risk in hiring an attorney to represent them.
What if you can't afford a lawyer for a personal injury case? ›Of course, you could find a pro bono lawyer, or you might find someone willing to take your case on contingency. That is, if you lose your case, you won't pay, but if you win, the law firm will take a portion of the money awarded to you.
Do I need to hire a personal injury lawyer? ›Regardless of how you think your injury case might be, you need an injury attorney. It's essential to hire one to get the best out of the situation. In most cases, you don't pay legal fees to the lawyer if you don't get compensated. There's no risk in hiring a personal injury lawyer; it's a win-win.
What should I expect from my personal injury lawyer? ›An attorney assisting you in an injury claim should provide you with guidance and an assessment of your claim. In our firm, we start with an investigation of the claim, including obtaining all evidence, records and police reports. We work to obtain video evidence, statements and other evidence from witnesses.
How long do most personal injury cases take? ›The short answer to the question, “How long does a personal injury case take” is anywhere between a few months and two years. Sometimes, a client's financial situation dictates how long a personal injury case takes.
What is the usual result of a settlement? ›Generally, when a settlement agreement is reached, the responsible party pays an amount to compensate for the “damages,” or losses, their negligence caused the victim.
What are 3 questions you should ask a lawyer before hiring? ›- Will you be the attorney personally handling my case?
- Will you take the case all the way to trial if necessary?
- What results have you obtained in the past for cases like mine?
- Can I call or email you directly with questions I have about my case?
An attorney who practices in your community will have a more intimate knowledge of the laws in your area, and will also have developed relationships with other attorneys, judges, and prosecutors likely to be involved in your case.
How do I get a lawyer to take my case? ›In summary, to hire a lawyer, one has to visit a law firm, pay a consultation fee, narrate the services you want the lawyer to render, agree on the professional fee charged and pay partly or fully (which you will be issued a receipt). Then, provide relevant information, verbal and documentary.
What is a good settlement offer for a car accident? ›A good car accident settlement offer is one that fully covers your medical expenses, property damage, and time off from work. It compensates you adequately for the pain and trauma you have experienced related to the accident. A skilled attorney can evaluate your settlement offer and advise you if it is reasonable.
What happens in court for personal injury? ›
In a personal injury trial, a judge or jury examines the evidence to decide whether the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff.
What is a free consultation? ›A free consultation often means simply that the firm will briefly review your case and tell you whether or not they can represent you at this point. While this is often the case, that does not mean that this is the service offered by all law firms advertising free consultations.
Do most personal injury lawyers make a lot of money? ›Personal injury lawyers charge between $150 to $500 per hour on average when you consider the average contingency fee payout. But exceptions exist that could make the hourly rate total up to thousands of dollars per hour, especially in mass torts, or a class action suit.
What is the most money awarded in a lawsuit? ›Tobacco Settlement — $206 Billion
The lawsuit was brought by attorneys general from 46 states to get compensation for all the money tobacco illnesses cost the state healthcare system. The final settlement agreement required these companies to pay $206 billion dollars.
As a very rough guide, a claim may take 6 to 12 months if liability is accepted by the treatment or care provider immediately. If liability is disputed, it could take 12 to 18 months for more complicated claims. Very complex cases can take significantly longer.
How long does it take for a personal injury claim to be paid? ›Once your claim has been settled, your compensation will normally be paid to you quite quickly - usually within 2 weeks to a month. If your case is settled in court, the judge will give a deadline for you to receive your compensation by.
Do you pay taxes on lawsuit settlements? ›If the settlement includes something other than special or general damages, then you might have to pay taxes on it. For example, if it includes terms like a guaranteed severance payment or other compensation that could be considered employment income, then that part of the settlement might be taxable.
Is settlement money taxable? ›The general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code.
How do you calculate settlement? ›The settlement amount is calculated by adding back the accrued interest on the clean price and then multiplying by the face value.
What not to say to a lawyer? ›- My case will be easy money for you. ...
- I have already done the work for you. ...
- I forgot I had an appointment. ...
- I've already talked to a lot of other lawyers. ...
- I don't have all my documents.
What is the hardest question to ask a lawyer? ›
- What's your opinion of the probate process?
- Under what conditions do you recommend a Living Trust?
- How do I protect my children from abusive relatives if something happens to me?
- Can I keep my kids from controlling their entire inheritance at 18?
State Bar Profile – Every lawyer licensed to practice must be listed in their state's bar association directory. For California, you can check the State Bar of California website to see whether an attorney is in good standing.
How much does a local attorney cost? ›The hourly fee attorneys charge could range from as low as $50 or $100 per hour to as high as several thousand dollars per hour for specialized legal work performed by a top professional. According to the Clio 2022 Legal Trends Report, the average attorney hourly rate was $313.00 in 2022.
What is the best site to find a lawyer? ›- Avvo. As one of the most trafficked websites in the legal industry, Avvo offers legal directory and marketing services for potential clients and lawyers. ...
- Nolo. ...
- FindLaw. ...
- Lawyers.com. ...
- Lawyer.com. ...
- LegalZoom. ...
- Justia. ...
- HG.org.
Shout loudly as you can (not literally) and let people know that you exist. Provide them with your business cards and let them know of the kind of work you're engaged/interested in. The best people to ask for referrals are your clients – ask them send you new in future and ask your client to refer you to a friend.
How do I approach a lawyer for help? ›- Always be as honest and candid as possible about the facts of your case. ...
- Ask questions if you don't understand something that your attorney mentions or explains to you.
- Approach an attorney about your case as soon as you think you may need one.
The charge for the legal fees varies from client to client as the lawyers charge according to the paying capacity of their clients. It has been seen that lawyers charge around Rs. 3 to Rs. 6 lakh per hearing for cases in High Court and if the lawyer has to travel to other High Courts, then the fees can go up to Rs.
How much can you get out of pain and suffering? ›They usually offer ½ to 1 times your economic damages (medical bills and loss of income) to compensate for your pain and suffering. For example, if your medical bills and loss of income equal $10,000, the insurance company will try to offer up to $5,000-$10,000 for your pain and suffering.
How long do most car accident settlements take? ›How long does it take to get a settlement check from a car accident? This depends on the facts of your case, but in general, anywhere between 9-18 months.
How do you calculate emotional pain and suffering? ›Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
Will my personal injury claim go to court? ›
The vast majority of personal injury claims are settled out of court, however there are certain circumstances that will make it necessary for us to take your case to court in order to get the best possible outcome.
Why do personal injury cases go to court? ›In practice, personal injury cases will come before the court normally only when the parties have failed to agree on a suitable amount of compensation (where the victim/plaintiff and his or her lawyers feel that the amount of money that has been offered is not enough to fairly compensate for the personal injuries loss ...
Can I represent myself in court for personal injury? ›Can I represent myself in a personal injury claim? Yes, everyone has a right to access to justice. So if you are unable to find suitable legal representation for your injury claim, you could potentially pursue the matter yourself.
How do I prepare for a free consultation lawyer? ›- Make a List of Questions. ...
- Gather Relevant Documents. ...
- Know What You Want to Achieve. ...
- Be Prepared to Pay a Consultation Fee. ...
- Ask Questions. ...
- Be Honest. ...
- Follow the Attorney's Directions.
- Triadic-Dependent.
- Collaborative-Dependent.
- Collaborative-Interdependent.
- Design consultations that work for you. ...
- Incorporate free consultations into your marketing strategies. ...
- Direct your audience to your landing page. ...
- Highlight the benefits of a consultation.
However, on average, the data shows that doctors make more than lawyers. To the surprise of some, the reality is that the discrepancy is not even close. Specifically, the average doctor makes $208,000 per year, while the average lawyer makes $118,160.
What are the wealthiest types of lawyers? ›Trial lawyers are among the highest paid legal professionals in the world. Thousands practice across the globe, but civil litigators who handle high dollar, high profile and high stakes cases are the most highly compensated.
What is a success fee in personal injury cases? ›A success fee is the amount of compensation a personal injury lawyer can take to cover their general services if your claim is successful. The success fee percentage is capped at 25% by law, meaning that your lawyer or solicitor can only take up to 25% of your compensation.
What is the average payout for a personal injury claim USA? ›The average personal injury settlement amount is approximately $62,600, which was derived from retrieving settlement amounts in personal injury cases that were settled in the last 5 years (between 2016 and 2021).
How do you negotiate a higher personal injury settlement? ›
- Initiate a Claim as Soon as Possible After an Auto Accident.
- Keep Accurate Records About the Accident.
- Calculate a Fair Settlement.
- Send a Detailed Demand Letter to the Insurance Company.
- Do Not Accept the First Offer.
- Emphasize the Points in Your Favor.
- Get Everything in Writing.
the “uplift” or “success fee” is usually determined by the complexity and risk of the claim or defence, by reference to a %. the maximum % is 100%, which effectively doubles the solicitors fees in the event the claim or defence is successful.
What type of lawyer gets you the most money? ›Commercial and corporate lawyers earn the most out of all the different types of solicitors as they work closely with banks and other financial institutions and are involved in high-value transactions.