McAllen Car Accident Lawyer

In the crazy fast paced world that we live in, personal injury accidents happen each and every day; many of them happen through no fault at all of the person who was injured. Of these personal injuries, more come as a direct result of automobile accidents than any other type of accident.

There are many causes of car accidents, and many different types of collisions that lead to injuries and property damage. If you were injured in a car accident because of another person’s negligence, even it was a hit and run accident, then you are entitled to make a legal claim to attempt to get back any financial losses you have incurred or will incur as a result of that accident. Let’s examine car accidents in McAllen a little more closely.

What is an Auto Accident Claim?

A personal injury claim can be summarized as an injury to the mind, body or emotions as a direct result of another person’s actions. In terms of a car accident, it usually involves some sort of negligence or wrongdoing on the offending driver’s part. Personal injury claims are very often referred to as ‘tort’ (French meaning ‘at wrong’) claims in the court system.

Car Accidents: By the Numbers

According to the National Center for Health Statistics, there are over 3 million personal injuries and 41,000 deaths each year as a direct result of automobile accidents. That means the average person has around a 1 in 100 chance of being injured in a car crash in any given year. That is a staggering figure and it’s one that is a little scary if you stop and think about it. A lot of these accidents will end up being litigated through auto accident lawsuits.

What to do if You are the Victim of an Automobile Accident

If you are involved in a car accident, it is understandable that you will probably not be thinking clearly. It helps to have an idea in your head of what you should do in this situations. We recommend the following steps if possible:

  • If you are conscious and able to safely move around at the accident site, try to get contact information from any witnesses.
  • When you are calm and thinking clearly, take the time to put down on paper everything you remember about the accident. When you have been injured and traumatized, your memory may be unreliable. It helps to have notes taken right after the accident to help keep the events clear in your mind.
  • Present to the police or try to preserve any evidence that you have that may support a future claim.
  • After the accident, talk about what happened as little as possible. You may have to give the police a statement and you certainly want to answer any questions that medical personnel have if they are treating you for an injury.
  • You may want to contact your attorney for advice as soon as possible or give serious thought to hiring an experienced auto accident lawyer.
  • If you are contacted by a representative of the person you feel was at fault in the accident or their insurance company, do not discuss anything with them. Immediately refer all questions to your attorney.

What kind of damages can I recover?

Depending on the type of accident and the extent of your injuries, you may be entitled to damages for the following:

Medical Expenses

This can be anything from minor or major injuries as a result of an accident you were the victim off. Often it includes such things as ambulance fees, surgeries, physical therapy, prosthetics, examinations, prescriptions, and both in-patient and out-patient services.

Permanent disability or Death

This is compensation for critical injuries such as losing a limb, having a traumatic brain injury or becoming paralyzed, which result are permanently life-altering. In the case of car accident fatalities, surviving family members have the right to sue on behalf of the deceased.

Pain and Suffering

This is when you are the victim of an accident where it has affected the overall quality of your life. Examples of this are repeatedly painful migraine headaches as a result of a head injury or anxiety/emotional damage that is directly associated with the accident.

Lost Wages

This can be wages lost while you were receiving treatment as a result of being a victim of an automobile accident or your potential for future earnings having been reduced as the result of auto accident injuries.

Loss of Affection or Companionship

This is one of the more difficult aspects of a claim to prove. It can be a result of such things as the emotional loss of the death of a companion who is the victim of an accident. It can also include the loss of your ability to give and receive affection in your personal relationship because of injuries you sustained in an accident.

The Law Office of Raúl A. Guajardo, P.L.L.C. offers caring, dependable representation from an honest attorney. Our McAllen auto accident lawyers believe in working hard for our clients to ease the stress and burden that a car accident brings. Call (956) 686-1977 today or contact us online to schedule a FREE, confidential consultation and get the auto injury help in McAllen that you deserve.

Frequently Asked Questions

I think I was partially at fault for my accident. Am I still entitled to compensation?

Texas laws follow the rule of comparative negligence. That means that if you are in an accident and are found to be partially at fault, the amount of compensation you are entitled to will be reduced by the amount that you are at fault.

This is better illustrated by an example: You are driving above the speed limit and go through an intersection. Another driver makes a left hand turn at the intersection and hits you. During the course of a lawsuit against the other driver, the other driver is found to be 80% at fault for the accident. Because you were speeding, you are found to be 20% at fault. The total amount of compensation is determined by a jury to be $100,000. The rules of comparative negligence mean that this compensation will be reduced by $20,000 — that’s a 20% reduction for the amount that you are responsible.