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Hire the Best Personal Injury Lawyers in El Paso
El Paso sits on the beautiful Rio Grande River in the far Western Corner of Texas. It is one of the fastest growing cities in the US. With a population that has doubled in the last few decades, economic opportunities in our region continue to expand. Unfortunately, that expansion also means an increase in the risk of accidents. Residents, visitors, and employees must be cautious on roadways.
At Flores, Tawney & Acosta P.C., our personal injury lawyers in El Paso, TX are proud to support the area. We have an office located on North Mesa Street at East Rio Grande Avenue, just four blocks from the heart of Downtown El Paso. Our attorneys strive to provide top-quality legal representation to clients throughout the region.
If you need legal assistance in West Texas, please contact our team today by calling or filling out our brief online contact form. Comprehensive initial legal consultations are always free of charge.
Trust Your Claim to Our Personal Injury Lawyers in El Paso, TX
Our firm handles a wide range of injury cases and, while your claim is unique, there are some common features that these accidents share. They are all based upon the careless acts of another person. In legal terms, these claims rely on negligence, so there are four essential elements you must prove.
- You need to show that the responsible party had a duty to exercise reasonable care in acting, so as to avoid causing a risk of harm to others;
- Establish that this person breached the legal duty of care;
- You have to prove that there is a link between the breach and your injuries. You must show that you would not receive injuries if the responsible party complied with the duty of care; and,
- You need to show damages as a result of your injuries.
The personal injury attorneys at Flores, Tawney & Acosta P.C. will gather evidence and work out a strategy to firmly establish each of these elements. We have access to knowledgeable resources that assist us in our efforts. These include medical experts, accident reconstruction specialists, economists, and more.
It is important to note that filing a claim initiates many negligence-based cases. You do this through the responsible party’s insurance company. Claims adjusters can be difficult to work with, especially since their goal is to protect the company’s interests. They are not concerned with making you whole after an injury-causing accident. For this reason, you need the assistance of an experienced attorney when filing a personal injury claim
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Comprehensive Legal Services in El Paso, TX Personal Injury Cases
Texas Work Injury Cases
Workplace injuries are another legal area where you do not need to prove fault on behalf of your employer. If you are a covered employee who suffered workplace injury while performing job-related tasks, you may have a claim under the Texas workers’ compensation laws. Negligence is not at issue when your employers has worker’s compensation insurance, but this isn’t a requirement in Texas.
Texas Workers’ Compensation insurance has many excellent benefits for injured employees so long as their employer signs ups. The injury must have happened on the job for Workers’ Compensation to apply. However, many employers in Texas carry no worker’s compensation insurance. In these cases, you have the right to sue them directly for medical bills, pain and suffering, and other damages. In these cases, your safest bet is to reach out to an experienced personal injury attorney.
Be aware that your employer may have “fake” compensation insurance. In these cases, the plan must provide equivalent benefits to Workers’compensation to protect the employer from a lawsuit.
El Paso Auto Accidents
Car crashes continue to be a risk for residents and visitors around the El Paso region. Negligent drivers are all around in West Texas. They cause accidents through speeding, texting while driving, DUIs, disobeying traffic signals, and other dangerous acts. Our attorneys have experience going up against big insurance companies. We focus on getting the compensation you deserve as a victim.
Statistics on El Paso Car Crashes
Three of the most dangerous intersections in Texas are in El Paso. They all are on Joe Battle Boulevard. Another noteworthy figure is that there is 1 reportable crash occurring every 57 seconds in Texas.
Due to their size and weight, semi-trucks cause major injuries to victims in accidents. These claims are further complicated by the fact that there may be multiple parties. They include the driver, trucking companies, and insurers.
Types of Injuries from Truck Accidents in El Paso
Types of injuries that a driver or passenger within a passenger car may suffering include:
- Head and facial injuries
- Traumatic brain injuries
- Internal injuries
- Crush and limb amputation injuries
- Bone fractures, soft tissue injuries, burn injuries, and even psychological injuries, such as the development of depression or post-traumatic stress disorder after the accident.
Clearly, these injuries can be disabling and impairing, and a person who suffers such injuries may incur life-long losses as a result, including high medical expenses, lost wages and the loss of earning capacity, pain and suffering, and emotional distress, anguish, and loss of quality of life.
What Makes Truck Accident Claims Complicated
These claims are further complicated by the fact that there may be multiple parties. They include the driver, trucking companies, and insurers, as well as vehicle and vehicle part manufacturers and shippers and loaders of cargo.
In order to determine liability for a crash and ensure that a claim for damages is filed against the appropriate party, a thorough investigation must be conducted.
Our El Paso truck accident lawyers are skilled investigators who know the importance of sending spoliation of evidence letters, requesting copies of police reports, talking to eyewitnesses, gathering physical evidence from the accident scene, taking photographs of damages and injuries, and hiring various experts, including accident reconstruction experts, vehicle design experts, truck accident experts, ‘black box’ or event data recorder experts, and more.
We start the investigative process immediately after a crash to improve the chances of all relevant evidence being preserved. We have the resources necessary to dedicate our time and most talented members of our staff to your claim, as well as hire experts.
El Paso Truck Collisions by the Numbers
According to the Federal Motor Carrier Safety Administration, more fatal truck accidents occur in Texas every year than any other state. In 2016, 484 people lost their lives in accidents involving semis.
There is no doubt that these accidents are not only prevalent but often severe. If you have been harmed in a truck accident or you have lost a loved one in a large truck collision, you deserve compensation for all of your economic and noneconomic losses. Our lawyers will aggressively advocate for you to help you recoup the damages to which you’re entitled.
Texas Wrongful Death
Family members do have rights when they lose a loved one in an accident caused by negligence. While it may not be able to bring the victim back, recovering compensation in a wrongful death action can ease the financial hardship of survivors.
Fatal Car Accidents are at the Top of the List
In El Paso, 102 people were in fatal car accidents in 2014. Many of which we could have prevented through the exercise of reasonable care.
Medical Malpractice Claims
When health care providers make mistakes with diagnosing a medical condition, issuing prescriptions, or in surgery, they can be liable for medical malpractice. These cases are extremely complex under Texas law. They require significant proof that your injuries are a result of negligence – instead of the medical condition itself.
Plus, there are challenges in dealing with insurance companies that provide coverage for physicians and healthcare facilities. These policies can reach into the millions, which means the stakes are high for the insurer. The company will assign the best people to your claim, including their team of lawyers. Medical malpractice insurance providers have large legal teams. They have even bigger budgets to fight your claim at every opportunity.
Medical Malpractice in the US
According to the US Centers for Disease Control and Prevention medical errors are now the third leading cause of death in the US.
Product Liability Cases
Though dangerous products may cause personal injuries, these claims are not based upon negligence. If you’re facing injuries because of a defective product, strict liability guides your claim. You do not need to prove fault, but there are still certain facts you must present regarding your injuries and losses.
There are three primary theories for product liability claims:
- Defective design, where the product is dangerous because of an error in its development. All items produced according to the design specifications carry a risk of injury to consumers;
- Manufacturing defects, in which a mistake in production affects a certain lot of items. Only that one set of products is hazardous; and,
- Failure to warn or properly label the item, an error that makes a product dangerous because the consumer does not know of the hidden dangers.
Employers have a duty to protect employees against discrimination, harassment, and other misconduct based upon that person’s membership in a protected class. Still, Texas companies do not take this obligation seriously and may treat workers differently on account of these characteristics.
Compensation You Can Recover in a Texas Personal Injury Claim
After establishing the essential elements in a personal injury case, you can recover for your losses. “Damages” is a legal term under Texas law that refers to compensating you for the physical, emotional, and financial toll that results from an injury-causing accident. There are two types of damages:
Economic damages, which are the calculable, out-of-pocket losses that you suffer. Examples would be the medical bills you expend for treatment of your injuries, including emergency care, surgery, visits to specialists, pain medications, and relate costs. Lost wages are also in this category and are recoverable if you cannot work due to your injuries.
Non-economic damages, which are more subjective and difficult to ascertain. Though you cannot put a dollar value on your pain and suffering, you most definitely do endure these effects. Other examples of non-economic damages include:
- Emotional distress;
- Scarring and disfigurement;
- Losses based upon your relationships with your spouse, children, other family members, and friends;
- Diminished enjoyment of life, since you can no longer enjoy favorite activities; and,
- Many others depending on the specifics of your claim.
Potential Limitations on Your Personal Injury Claim
There may be certain restrictions on your rights in a Texas personal injury case. Our lawyers at Flores, Tawney & Acosta P.C. can explain how each of these may apply to your claim.
Statute of Limitations
Texas puts a time restriction on filing a lawsuit in certain cases, which is a law known as the statute of limitations. Once the time period expires, you are forever barred from suing the responsible party in court. In most personal injury cases, the statute of limitations is two years;
If your conduct was a contributing factor in the accident that caused your injuries, your amount of compensation may drop. Under Texas law, you are not entitled to a full recovery when you were also negligent, so your award will drop based upon your own fault.
Statutory Cap on Non-Economic Damages
In medical malpractice cases, there is a limit on how much you can recover for non-economic losses. Texas has enacted a statutory cap ranging from $250,000-$750,000, depending on your specific circumstances.
Schedule a Free Consultation with Our Personal Injury Lawyers in El Paso, TX
El Paso’s economic grown presents many exciting opportunities for businesses and residents, and West Texas features attractions that continue to draw visitors to the region.
However, all this activity increases the risk of injury-causing accidents and other dangerous incidents. If you or a loved one is facing injuries, or you lost a family member, please contact Flores, Tawney & Acosta P.C. right away. Our personal injury lawyers in El Paso, TX are happy to schedule a free consultation to review your circumstances. You can contact us by going online or call us directly at (915) 308-1000.