Texas law provides victims of personal injury with lots of avenues for legal action. At Almaraz Law Firm, we help people in Texas understand their options as they work towards a swift and affordable recovery. Whether or not you have a valid case depends on the circumstances of your injury, including your ability to prove fault and provide important documents pertaining to your case. A personal injury lawyer in McAllen, TX, can interpret all the evidence available to ensure you can securely and effectively pursue compensation.
Establishing Legal Responsibility
A valid personal injury claim must be based on the legal concept of negligence. This requires showing that another person or entity failed to exercise reasonable care and that this failure directly caused your injury. Negligence must be supported by evidence. This typically includes witness statements, photographs, video footage, medical records, and police or incident reports. A personal injury lawyer can review these materials to determine whether your claim meets the legal threshold for liability.
Proving Actual Harm or Loss
A successful case will depend on your ability to demonstrate that your injury had a significant impact on your daily life. These damages may be physical, emotional, or financial in nature. Common examples include medical bills, ongoing treatment costs, lost income, physical pain, mental distress, and reduced quality of life.
Medical documentation is a crucial component of your claim. Even if the injury appears to be minor at first, symptoms may worsen or require additional treatment over time. It is important to keep all records of your diagnosis, treatment plans, medications, and follow-up care. A lawyer will work with healthcare providers to ensure your damages are fully documented and accurately represented in your case.
Filing Within the Statutory Deadline: The Importance of a Personal Injury Lawyer in McAllen, TX
Texas imposes a two-year statute of limitations on most personal injury claims. This means you must file your lawsuit within two years from the date of the injury, or you risk losing the right to pursue compensation. There are very few exceptions to this rule, and courts strictly enforce the deadline. Delaying legal action can also lead to the loss of valuable evidence, making your case harder to prove.
Understanding the Role of Comparative Fault
Texas follows a modified comparative fault rule when determining liability in personal injury cases. If you are partially responsible for the incident, your compensation may be reduced in proportion to your level of fault. However, if you are found to be 51% or more at fault, you are barred from recovering any damages.
This rule underscores the importance of gathering and presenting a complete and accurate account of the incident. Insurance companies often try to assign blame to reduce their financial responsibility. As your legal representatives, we conduct a thorough investigation to counter any unfounded claims and protect your right to fair compensation.
Determining whether you have a valid personal injury case in Texas requires a careful analysis of the facts, applicable law, and supporting evidence. Our attorneys help clients understand their rights and pursue compensation for injuries caused by the negligence of others. Legal representation ensures that your claim is handled properly, deadlines are met, and your interests are fully protected throughout the process. Schedule a consultation with us today at the Almaraz Law Firm in McAllen, TX, to see the legal options available to you as you recover from an injury.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
