Tuesday, October 30, 2018

How long do I have to file a Car Accident Lawsuit in Texas?

Under Texas law, you must submit an injury claim within two years from the date of the car accident. If you suffer from injuries and the vehicle is now unsafe to operate, you need to talk with a Texas car accident lawyer. It’s important to meet the filing deadline. Even if you have a strong case, the statute of limitations can prevent your lawsuit from being heard in a Texas court.

Reyna Injury Lawyers can walk you through the process, so you understand what’s involved in determining the level of negligence and responsibility for the injuries and property damages incurred.

Because insurance companies play a significant role in this process, they require policyholders to report an accident within a reasonable amount of time. There are expectations, especially if you are hospitalized or unable to maintain daily routines. Although you are under pressure to settle quickly, it’s in your best interest to allow a lawyer to do a full assessment of the situation.

The Evaluation

The information you share with the lawyer during the initial meeting is critical. Make sure all of the potential medical and property damage issues have been reviewed and considered. It helps to calculate the amount of damage and injuries caused by the accident.

Hiring an experienced lawyer to represent you from the start assures nothing gets left to chance. They become the intermediary between you and the insurance company. Once the research and the investigations are done, your lawyer will propose a settlement.

According to the State of Texas, a public insurance company has 15 days to accept or deny the offer. If the offer is rejected, you can expect an explanation or a counteroffer.

Composition of a Settlement

The settlement is based on facts and evidence that supports your case. It’s important to make sure witness statements, police reports, medical analysis, and other documents are accurate. Insurance companies must maintain professional integrity when introducing relevant facts or policy provisions.

If the settlement is declined and further negotiations are at a standstill, your attorney can file a lawsuit, while the settlement conferences continue. Keep in mind, once you agree to settle, you lose the right to seek further damages. Ultimately the goal is to settle before the case goes to trial. Unfortunately, that’s not always the case.

Government Accident Claim

If you intend to file a lawsuit against a government unit, the claim needs to be filed within six months of the accident. Also, in this case, it’s a good idea to talk with an injury lawyer, immediately. There are specific legal issues to discuss before submitting a claim against any government department.

Reyna Injury Lawyers can negotiate for you. If you and the insurance company do not reach an agreed settlement, it’s time to file a lawsuit.

Do you have questions about your rights? Wondering how long it could take to settle? In every accident case, there’s a sense of urgency. We’re here to review the circumstances and determine the best strategy for restoring the quality of life for you. Call Juan Reyna at Reyna Injury Lawyers today to get the ball rolling on your case.

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Monday, October 22, 2018

Can other state laws affect my Personal Injury Claim in Texas?

If you are involved in a personal injury claim, your first course of action should be to speak with an attorney in your home state or the county where the injury occurred. Second, continue reading because the choices and outcomes are based on specific conditions related to the injury to establish proof of fault.

Reyna Injury Lawyers help clients recover from injuries that occur in Texas, and in other states. Our experience and knowledge of the jurisdiction rules, injury laws, and legal criteria make a difference in settling the case.

We’ll make sure the court has jurisdiction over the claim when filing a lawsuit. If you intend to sue a particular individual, an organization or enterprise, the state of filing must have jurisdiction over the defendant.

Personal Injury Laws

Personal injury law involves an injury caused by a failure to provide reasonable care. The description of reasonable care varies from case to case. If a plaintiff is successful, damages, medical expenses, lost wages, and legal fees may be part of the compensation or settlement.

Types of injuries:

  • Truck Accidents
  • Motor vehicle accidents
  • Oilfield site injuries
  • Workplace injuries
  • Slip and fall incidents

Shared Fault

Some states along with Texas have shared fault rules that allow a defendant to argue that the plaintiff is at fault or partially responsible for the event leading to the injury. The legal terms used are pure comparative negligence, pure comparative fault, and modified comparative fault.

States adopting the 50 percent modified comparative fault law use it to determine the percentage of responsibility or negligence for each party. If your fault in the accident is proven to be less than 50 percent, you still have the right to compensation for your injuries. However, if the defendant demonstrates you were 50 percent or more responsible for causing the injury, your claim could be denied.

In State or Out of State Claims

In 2016, the U.S. Bureau of Labor Statistics reported a seven percent increase in fatal injuries. More than three percent of these incidents affected full-time workers.

Transportation work injuries represented the most common and fatal incident during the same timeframe, accounting for 40 percent of personal injury accidents. Two other work-related injuries are exposure to harmful substances or environments with an increase of twenty-two percent.

In the State of Texas workplace accidents involving heavy equipment and machinery carry the highest rate of injury. Although workplaces are monitored and required to train employees, injuries still occur.

If you work out-of-state for a Texas-based employer, and your injury fits the same or acceptable condition stated in the Texas Workers’ Compensation, it’s most likely you are covered. Compensation is governed by the Texas Labor Code, section 406.075 citing the methods of recovery under another jurisdiction.

Injuries occurring in the State of Texas at an employer’s place of business fall under the state’s jurisdiction. Other elements to justify the claim must corroborate the injury happened within one year of being hired, or you worked in Texas for ten days or more before you sustained the injury.

There are important laws and legal principles for winning a personal injury case in Texas.

Texas imposes statutory limits on the time you have to file a lawsuit after suffering an injury. Timelines depend on the type of case you intend to file. Reyna Injury Lawyers are ready to answer questions and help decide how best to proceed. Contact Juan Reyna today, he will sit down with you and work with you to create an excellent legal plan of action to get you the best possible outcome in your case.

For more information please visit our site.

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Monday, October 15, 2018

How to Prevent Devastating Truck Accidents

Truck accidents are among the most devastating on the road. This is mainly due to the massive size of commercial trucks, as well as the cargo they transport that includes heavy items and sometimes combustible materials. As a result, injuries sustained in accidents with trucks tend to be more severe and sometimes fatal. However, there are ways to prevent these devastating accidents. Drivers should follow certain tips to remain as safe as possible.

Avoid Blind Spots

Huge trucks have multiple blind spots that you must avoid while sharing roads with them. Truck drivers may not be able to see other vehicles when they are 20 feet ahead of the truck or 30 feet behind it, two lanes wide on the truck’s right side and in the lane on the truck driver’s side that goes back to around half the length of the truck’s trailer.

As a general rule of thumb, if you are unable to see the truck driver in the truck’s side mirrors, your vehicle may not be visible to the driver. Avoiding those areas and giving plenty of space between your vehicle and the truck can keep you safer.

Pass Safely

Always pass a truck safely. Commercial trucks can’t stop or maneuver as easily or quickly as regular vehicles. As a result, a truck driver needs more time to stop or change their speed. The following are important steps for safely passing a truck:

  • Avoid passing while going uphill or downhill
  • Only pass from the left, where it’s easier for the driver to see you, maintain speed and use your signal
  • Avoid merging back into the lane with the truck until you’re able to see the driver in your rearview mirror
  • Stay to the right if a truck passes you and slow down to give them more space to pass

Give Signals

Always use your signals when passing a truck or when changing lanes near one. It’s important that the driver sees this so that they can have enough time to change speeds to allow you to safely pass and to avoid an accident.

Give Plenty of Room

Always give plenty of room and don’t stay too close to a truck for too long. Disaster can strike when you don’t give enough space. There is a risk of a tire blowout, sudden braking or high winds, which can cause a truck to roll over.

Lower Your Brights

Bright headlights can blind any driver, but it’s even more devastating when this happens to a commercial truck driver. Lower your high beams whenever a truck or any other vehicle is nearby.

Merge Carefully

Never merge in front of a truck when the traffic is slowing down in preparation to stop. Large trucks have more difficulty slowing down faster, which means a truck can strike your car in such a situation.

Avoid Distracted Driving

Distracted driving is always dangerous, but the risk can be even greater when you’re sharing the road with a truck. Avoid texting, using your smartphone in your hand, eating and other activities that can take your full attention off the road.

Accidents with trucks can have devastating, long-lasting consequences. If you are injured in such an accident, contact Juan Reyna from Reyna Injury Lawyers. As an experienced Texas Truck Accident Lawyer, he will sit down with you to discuss the details of your case. Then, taking all the facts into account, he will work with you to devise a legal plan of action that strives for the best possible outcome in your situation.

For more information please visit our site.

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Tuesday, October 9, 2018

Why are Oilfield Accidents in Texas so common?

Texas ranks number one in both oil and gas production in the U.S. so, it’s no surprise that more accidents happen in this state’s oilfields. Two primary causes are the workforce site activities and the transport of oil by trucks. The congestion of machinery and equipment, side-by-side with the human element continues to be a source of daily accidents leading to fatalities, long-term injuries, and life-threatening illnesses.

Despite the enforcement of workplace safety and environmental health factors, during a review by the Centers for Disease Control and Prevention, a high percentage of fatal injuries were a result of workers falling from heights of more than 30 feet.

Have you been injured on the job? If so, a full and comprehensive report needs to be created immediately. Too often accidents go unreported or the information is collected too late to file a compensation claim.

Juan Reyna works with oilfield workers to help win claims or settlements for work-related accidents. He’s an experienced attorney with the knowledge of the industry and will explain the legal process of gathering company reports and assembling accident documents to support your case.

Occupational Hazards

Injuries include significant burns from oil or gas explosions, fractures from falls, slips due to oil or mud-covered surfaces, and movements of heavy equipment. Occupational Health and Safety Administration (OSHA) listed working conditions that pose a risk for workers.

  • Vehicle accidents
  • Struck, wedged in or between
  • Explosions and fires
  • Slips or falls
  • Heavy equipment injuries
  • Chemical Exposures
  • Confined Spaces

Workers’ Rights

No matter what occupation you chose, all workers have the right to safe working conditions that prevent risks of causing serious harm. OSHA standards require the employer to provide industry information, job training, data about hazards, and methods to prevent accidents from happening.

By law, before starting work, you should be given the safety gear necessary to perform the job; gloves, harnesses, and lifelines for falls. Workers have the right to review work related records about injuries and illnesses.

Juan Reyna has successfully represented injured oilfield workers, standing up against the corporations and legal teams to ensure the client’s rights are protected and executed.

Statute of Limitations

In Texas, personal injury or wrongful death claims must be filed within two years from the date of the incident. If you are entitled to compensation, you need to contact a lawyer as soon as possible before signing any form of agreement or accepting money.

Time is critical in these situations, and the law understands that accidents put a great deal of stress on the individual involved. Statutes allow the time to recall memories and gather evidence to prove your case.

Call Reyna Injury Lawyers today

Workers injured as a result of an oilfield accident need to contact an attorney to evaluate the situation. Juan Reyna can help determine your rights to pursue legal action or submit a claim to receive compensation. He will work with you to create a compelling legal course of action, striving to get you the best possible outcome for your individual situation.

For more information please visit our site.

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