Mcallen Personal Injury Lawyer Ricardo A. Garcia

Without an attorney, an insurance company’s goal will try to pay you as little as possible for your injuries.

Hiring a lawyer helps make sure you get the money you deserve.

Our law firm will usually begin your lawsuit negotiations with a payment request before going to court. This is the best solution because it’s cheaper, less stressful, and faster.

Even if we do go to court, we might still settle.

People often ask, “How much money will I get?” It depends on a few things:

1. We add up your bills and lost wages (that’s called economic damages).
2. Then we increase that number depending on how bad your case is (if someone really messed up).
3. We also think about the most money the insurance will give.

This is a very basic answer, and there are many variables taken into account. Consulting a professional can give you the best answer.

Understanding the statute of limitations is essential. If you delay filing a lawsuit for a personal injury, your case could be dismissed if you took too much time to file.

In Texas, the typical time to file a claim is two years from the date of the accident o injury. There are exceptions to this rule.

The statute of limitations normally begins from the date of the injury and accident.

In most cases, you are unable to pause or extend the time limit. Once it’s been reached, you can’t make a claim anymore.

Especially with accidents involving government entities, you have even less time to act, otherwise you risk forfeiting your right to seek compensation for your injuries.

To ensure you’re protected and can still pursue a claim, it’s crucial to consult an attorney as soon as possible after your accident.

Negligence in personal injury cases is when there is a failure to exercise reasonable care in a situation where a prudent person would do so.

It can happen by doing something incorrectly, not using standard safety guidelines or by failing to act when action was necessary.

For example, not providing assistance when required could be deemed as negligence. A commercially licensed driver not taking the proper safety precautions can also be negligence.

In legal terms, proving negligence will often involve demonstrating several key elements:

• Duty: Showing that the person responsible for the action owed a duty of care to the injured party.
• Breach: Establishing that the responsible person failed to meet that duty of care.
• Causation: Demonstrating that the breach of duty directly resulted in harm to the injured party.
• Harm: Providing evidence that the injured party suffered actual harm or damages.
• Proximate Cause: Establishing that the actions of the responsible party were the primary cause of the harm suffered by the injured party.

Proving negligence is also a skill that comes with experience. This is why hiring an experienced attorney is vital to the outcome of your case.

The majority of personal injury cases in McAllen are typically settled before reaching trial.

About 90 to 95% of these cases are resolved through negotiation or settlement agreements.

Taking a case to trial will be dependent upon several factors:

• Severity of injuries: If your injuries are severe, such as brain or spinal cord damage, insurance companies may be more inclined to settle to avoid potentially higher payouts at trial.
• Strength of evidence: If you have compelling evidence that supports your claim and makes it difficult for the other party to dispute, they may choose to settle rather than risk an unfavorable outcome at trial.
• Negotiation skills: Having a skilled negotiator on your side can significantly impact whether your case goes to trial. A capable attorney can often negotiate favorable settlements without the need for litigation.

While most cases are settled out of court, it is very helpful to have a proficient legal team like ours in the Texas Rio Grande Valley. This will ensure you are prepared for either scenario.

We have a proven track record of successfully resolving personal injury claims through negotiation and, if necessary, litigation.