McAllen Car Accident Lawyer
As the city of McAllen grows and flourishes, so do the number of vehicles on its roads – and the number of car accidents.
One of the prices paid for the growth of the city is that Hildalgo County now ranks among the top 10 leading counties in Texas for increase in traffic fatalities, according to the National Highway Traffic Safety Administration.
Of particular concern is the increase in alcohol-related accidents and speeding. Accidents at high speed nearly always cause severe injury or fatalities.
As experienced car accident lawyers located here in the Rio Grande Valley, DeHoyos Law can help you claim compensation if you or a family member has been adversely affected by a car accident.
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Common Car Accident Injuries Endured by Victims
Typical car accident injuries range from superficial wounds that may heal after a few days to life-altering injuries that severely impact the quality of life.
Common injuries include:
- Broken bones
- Neck and back injuries (whiplash)
- Spinal Injuries
- Cuts and abrasions from broken glass
- Soft tissue injuries
- Injuries to the chest area including rib fractures
- Facial injuries
Potentially longer-lasting or even permanent injuries that severely impact your life may include:
- Traumatic brain injuries
- Head injuries
- Internal bleeding
- Trauma to internal organs
- Emotional and psychological trauma
- Chronic pain
Some injuries are severe and immediately evident at the time of the accident. Others can develop in the aftermath of the accident and progressively worsen over time.
No two accidents are the same. The extent of car accident injuries typically depends upon the following factors:
- The speed of the vehicle(s) involved
- Where you were seated and the direction you were facing at the time of impact
- The angle of impact (rear, side, front)
- Whether seatbelts were worn by drivers/passengers
- Deployment (or not) of airbags
Steps to Take if you are Involved in an Automobile Accident
If you or a loved one are injured in a car accident in McAllen, first make sure that you receive the immediate medical care you need.
Even if you think you’re not injured, it’s important to get checked by a medical professional.
After an accident, you may not be thinking clearly. Remember that you may have internal injuries that only present themselves hours or even days later.
Be sure to follow your treatment plan as prescribed by your doctor and to attend all follow-up appointments.
By seeing a medical professional, you also ensure that your injuries are documented and that you are able to provide the evidence you need to a third-party insurance company.
It can be difficult to remain composed after an accident but you should also try to do the following:
- Get contact information/insurance/license information from other parties involved and any witnesses (if it is safe to do so)
- Write down exactly what happened in the accident as best you remember it – and support with photos or videos if possible
- Preserve anything that may count as evidence or support your claim
- Answer police and medical questions so that the official reports can be prepared – and get copies
- Retain all receipts for medical bills, etc. in relation to the accident
- If necessary, keep a journal of how the accident has affected your life
- Do not speak to third-party insurance company representatives or answer any questions from them without contacting a car accident lawyer
Remember to act within a reasonable time frame. The limit for making a claim for a car accident in Texas is two years.
What damages can I recover after an auto accident in Texas?
Insurance companies can be difficult to deal with and even in clear cases of negligent or reckless driving, you may be offered less compensation than you are entitled to.
Depending on the extent of your injuries, you may be able to claim for:
- Medical costs – including ambulance fees, in-patient and outpatient services, diagnostics, surgery, physical therapy, prescriptions, etc.
- Lost earnings – if you cannot work due to medical treatment or disability as a result of your accident, you can claim for lost earnings.
- Pain and suffering – if the accident has directly affected your quality of your life (e.g. with a chronic pain injury such as migraines or emotional issues) you can claim for pain and suffering.
- Permanent disability or death – if your accident resulted in a life-altering injury, such as a lost limb, permanent brain injury or paralysis, your claim will be significant. For fatalities, surviving family members can sue.
- Loss of affection or companionship – if it can be shown that injuries from a car accident directly caused the loss of a companion (the victim) or the loss of ability to give and receive affection in your personal relationships, you can also claim for this.
Some of the above can be difficult to prove. Other aspects are more straightforward.
After examining your case, our experienced McAllen car accident lawyers will determine the extent of your claim and provide an estimate of compensation due.
What is the Comparative Negligence Law in Texas?
Some car accidents in McAllen are clearly the fault of one driver. Others are more complex and may involve multiple parties.
Texas is a “comparative negligence” or “comparative fault” state.
This means that you can claim damages for a proportion of fault for an accident even if you are found to be partly at fault yourself. This is called “proportionate responsibility”.
For instance, if you sued and were awarded $100,000 but the court found you to be 25 percent at fault, you would receive only $75,000 of the award. If two other parties were found to be equally at fault for the remaining 75 percent, they would each need to pay $37,500.
Texas law states that if you are more than 50 percent responsible for the accident, you cannot make a claim against other parties.
Make a Claim for Car Accident Injuries in McAllen
The complex process of making a claim for car accident injuries is considerably easier if you have expert legal representation from DeHoyos Law.
We will ensure that all the facts of your case are examined and all your losses assessed. You should not need to settle for anything less than you deserve.
We only get paid if you win your claim. Arrange a free consultation today to start the process.