Hire Skilled Midland, Texas Personal Injury Attorneys
It’s understandable that you’ll be overwhelmed after suffering injuries in an accident, and you’ll have many questions about your rights. Our team at Flores, Tawney & Acosta, P.C. can answer them, and we’re prepared to take on the legal challenges involved with these complicated claims. Please contact our office to schedule a free consultation with our personal injury lawyers in Midland, TX, and read on for some important information about your remedies.
We Represent Clients in Many Types of Personal Injury Cases
Our team at Flores, Tawney & Acosta, P.C. has extensive experience handling a variety of personal injury claims and accidents. We advocate on behalf of victims who suffer losses due to:
Car Accidents: Driver negligence is usually to blame for auto collisions, such as those caused by speeding, failure to yield, or texting while driving.
Truck Crashes: Negligence is also a factor in many truck collisions, but these claims are usually more complex since they involve multiple parties.
Other Traffic-Related Incidents: Pedestrian and bicycle accidents can also occur when a motorist is negligent, and victims suffer severely due to lack of protection against larger, heavier vehicles.
Oil Field Injuries: Job-related conditions are inherently dangerous on the oil field, so there are laws to protect you as an employee if you’re hurt in an accident.
Other Workplace Accidents: Though Texas employers are not required to carry workers’ compensation insurance, many do. You may be entitled to benefits if you’re injured on the job, and other legal remedies are available under certain circumstances.
Medical Malpractice: You trust your physician to provide quality care, but you could sustain serious injuries in the event of a medical mistake or failure to diagnose.
Product Liability: Defects can occur through mistakes in design or the manufacturing process, presenting a risk of injury to consumers. If you were hurt, you may have a claim against various entities within the supply chain.
Overview of Personal Injury Claims Texas
Every case is factually different, but there’s one common factor involved with most personal injury accidents: Someone acted carelessly or recklessly, and this conduct caused your injuries. In the practice of law, the concept is called negligence and you’re required to prove certain facts to recover compensation. The four essential elements are:
- You must show that the responsible party had a legal duty to exercise reasonable caution;
- You need to prove that this individual or entity breached this legal duty;
- You’re required to establish a direct connection between the breach of duty and the accident in which you were hurt, and,
- You must prove that you suffered losses because of your injuries.
One additional requirement for recovering compensation in a personal injury case is compliance with the statute of limitations in Texas.
By law, you have two years to file a lawsuit against the party who caused your injuries. If you don’t, you’re forever barred from obtaining monetary damages for your losses.
There are rare exceptions to this law, so it’s important to consult with an attorney right away.
SPEAK TO AN EXPERIENCED MIDLAND, TX PERSONAL INJURY LAWYER.
Our legal team is here to help you with your case.
Your Right to Compensation After an Accident
If you can prove the essential elements of a negligence case and are within the statute of limitations, you may be entitled to monetary damages. Financial compensation is intended to reimburse you for your losses, which fall into two categories. Our personal injury lawyers in Midland, TX will develop a strategy to recover the highest amount of damages allowed by law, including:
- Economic Damages: This category refers to readily ascertainable losses and out-of-pocket costs, such as past, present, and future medical bills. You may seek compensation for surgery, hospitalization, treatment by specialists, physical therapy, pain medications, at-home medical care, and more. You can also recover lost wages if your injuries prevent you from working or require you to work on a limited basis. Other economic damages include costs to repair or replace your vehicle, and any other property damage.
- Non-Economic Damages: Though you can’t prove your losses in this category by receipts or invoices, you definitely suffer because of your injuries. Non-economic damages may include pain, suffering, emotional distress, scarring, loss of quality of life, and many others. In most personal injury cases, proving these types of losses requires consultation and testimony from medical experts.
Keep in mind that your compensation may be limited despite proof of your losses. Texas has a law on proportionate liability, sometimes referred to as comparative negligence. Your own conduct is the focus if your acts contributed to the accident which caused your injuries. Your compensation could be reduced by the amount of fault attributable to you, on a percentage basis.
Filing an Insurance Claim and Next Steps in Personal Injury Cases
In most injury-causing accidents, you’ll file a claim for compensation with the responsible party’s insurance company. Even if you think you’ve got sufficient proof regarding the four essential elements of negligence, you may be surprised when the insurer rejects your claim or makes a counteroffer for a low amount. The reason is that insurance companies are businesses, and your claim represents a threat to profits. Employees are trained to find justifications to avoid paying, so they may dispute the cause of the accident or the severity of your injuries.
At Flores, Tawney & Acosta, P.C., our attorneys are adept at negotiating settlements with insurers, so you know your claim is in good hands. We will only accept an agreement that’s fair and reasonable according to your circumstances. If we cannot resolve your claim with the insurance company, we’re prepared to take the case to court to fight for your rights.
Get Legal Help from Our Personal Injury Lawyers in Midland, TX
If you were hurt in an accident, solid representation is critical. Our team at Flores, Tawney & Acosta, P.C. will protect your interests as a victim and get the compensation you deserve by law. Please call us at (915) 308-1000 or contact us online to schedule a free consultation at our offices in El Paso, TX or Las Cruces, NM. We can explain your legal rights and remedies after reviewing the details of your case.