McAllen Personal Injury Claim Attorney
It is one of those events that nobody ever likes to think about, but unfortunately thousands of people are affected by it every day across the United States. When you are injured in an accident through no fault of your own, it is important that you know your rights under the law and that you know how to protect and exercise those rights.
This article will go a long way toward helping you understand what a personal injury claim is, your rights when making a personal injury claim, and some insight as to why it is in your best interest to retain the help of legal counsel to ensure your claim is litigated successfully.
What is a personal injury in legal terms?
Quite often a personal injury claim as described in legal terminology is an injury to the mind, body or emotions as a direct result of another person’s or businesses actions. It usually involves some sort of negligence by the offending party.
Many lawyers practice personal injury law because a person has a right to be made whole when they are the victim of another person’s carelessness or insensitivity.
National Personal Injury Statistics
It has been said that personal injuries can happen anytime and anywhere. Take a look at some of the yearly average personal injury statistics for the United States as reported by the National Center for Health Statistics.
On average, an estimated 31 million people will be injured badly enough each year in the U.S. that they need a doctor’s care. Out of these injuries, 162 thousand of these people will die as a direct result of them.
Some of the major causes of these personal injuries are automobile accidents (3 million injuries and 41,000 deaths each year); truck accidents (61,000 injuries and 5,100 deaths); construction accidents (305,000 injuries and 1,000 deaths); and medical malpractice (almost 100,000 deaths each year).
Many of these 31 million injuries are the result of negligence or wrongdoing on another person’s or businesses part. If you have been injured through no fault of your own, then you have every right to seek compensation to recover lost pay, lost time from work, reimbursement for medical expenses, and to provide for your future well-being if you have been disabled or unable to work.
No company or person wants to admit fault when personal injuries occur and that is the reason why so many claims are disputed and need to be resolved by the legal system.
I was injured in an accident. What should I do?
When you are involved in a personal injury accident, it can be one of the most chaotic and stressful times you will ever experience in your life, especially if you have been badly injured and hospitalized. If you are physically able to do so after the incident, here are a few steps that will help you if you decide to pursue a claim.
- If you are physically able to after the incident, take down the names and contact information of any witnesses.
- Write down everything you remember about the incident. Be sure to include even the smallest of details. You don’t want to count on your memory alone if you have been injured or are under a large amount of mental stress as a result of the incident.
- Preserve anything that you feel may be evidence that can substantiate a future claim.
- Say as little about the incident as possible, but don’t deny law enforcement and medical personal pertinent facts, especially if you need medical treatment or stating these facts may support a future claim you make.
- Consider getting legal representation or contacting your family attorney right away.
- When talking to the offending party’s representatives or insurance company, do not discuss details of the incident. It is best to decline to give a statement until you have spoken to a personal injury attorney.
How to File and Pursue a Claim
If you feel you have a legitimate claim that entitles you to compensation for a personal injury that happened to you as a result of someone else’s negligence, it is recommended that you take the steps to pursue that claim as soon as possible after the incident. The sooner you start the legal process, the better chance of success you will have at being granted a favorable settlement or judgment.
Can you file a claim and negotiate it on your own behalf? Absolutely. But consider your options very carefully before you choose to handle your claim on your own. It has been shown that you are much more likely to win your claim if you have a well-educated and experienced personal injury lawyer representing you. Not only are you more likely to win the case with legal representation, you will most likely be awarded a much higher settlement amount also.
Legal consultations at the Law Office of Raúl A. Guajardo are free, so before you decide to go it alone, take the time to sit down and talk with an experienced personal injury lawyer at our firm and let us give you legal insight into your case. You will probably end up being surprised by how much you did not know and how many different ways we can help you.
It is also important to keep in mind that the party you are interested in filing a personal injury lawsuit against is probably going to surround themselves with legal counsel, especially if an insurance company is involved. Insurance companies have adjusters and lawyers on staff whose sole purpose is to get your personal injury claim denied or to settle it by paying you as little money as possible. It is one of the main reasons why it is so important to have legal representation in the case by your side, too.
Choosing an Accident Attorney
Once you have decided that you would like legal representation to help you with your case, there are certain qualities that you should look for in an attorney to hire. First of all, it is always best to look for an attorney that has experience in the personal injury claim area and tort law; you don’t want a lawyer that specializes in divorces cases, but has also “dabbled” in personal injury law to represent you. Every area of law is different, and being experienced in one area does not necessarily mean an attorney will be successful in other practice areas.
Also, check out the reputation of any prospective attorney that you want to hire. You should always meet with an attorney face to face and have a consultation about your claim before making your decision; this can go a long way toward giving you confidence that this is the right attorney for you.
In personal injury cases, McAllen personal injury attorneyRaúl Guajardo works on a contingency basis. This simply means that he only gets paid if he wins or favorably settles your case.
How An Experienced Injury Lawyer Can Help You
Once you hire an attorney, there are several ways in which their experience will help you bring your case to a successful resolution.
Filing and Paperwork
Your lawyer will handle all of the paperwork to file a claim for you. They will also handle writing the initial petition and complaint. An experienced lawyer will also know what are realistic monetary damages and compensation to ask for in your case.
You will never win a case in a court of law if you cannot prove your claim. This makes the investigation process to gather facts about the case highly important. An experienced accident lawyer will know how to go about getting the facts needed to successfully litigate your case, including police statements, hospital records and other important documents that support the case. In such personal injury accidents as those that involve cars or trucks, they might even go as far as hiring a professional accident investigator.
If your case is strong and your attorney does a thorough job presenting your case, chances are it will never see the inside of a courtroom. As was mentioned before, very few personal injury cases ever go to trial. Your lawyer will know what you are entitled to in damages and compensation; a lot of this has been predetermined by what has happened in similar cases before (setting precedent). Personal injury attorneys are knowledgeable in the compensation figures that are typically associated with all types accident injuries.
Your attorney will make every effort to get you a fair, But you will always be given the final say as to whether you will accept the settlement or not.
In the rare instance that your personal injury lawsuit makes it into a courtroom, your lawyer will have all the evidence prepared to be presented, have witnesses summoned to appear and prepare you for what will happen during the legal proceedings. Most lawyers are very skilled at presenting evidence to the judge and jurors and are well versed in court proceedings.
If your case is valid, then they truly can work with you to bring your case to a successful conclusion and get you the compensation you truly deserve as the result of your personal injury that was no fault of your own.
Get Help Today
While nothing can fully compensate you for the tragedy of a serious accident, money damages can help you cover medical expenses, the loss of income from a job and other harms done to you. To schedule a free initial consultation with personal injury trial lawyer Raúl A. Guajardo, contact us today by calling Toll-free (956) 686-1977.