How long does Texas Law allow to file a Spinal Cord Injury Lawsuit?

The statute of limitations in Texas for a spinal cord injury is 2 years. That means you have 2 years from the date of an injury to file suit against those whose negligence or recklessness caused it. There are instances in which this 2 year period can be extended. If you were in an accident, went in for a medical examination, was given a clean bill of health, and only later discovered that you suffered a spinal cord injury, then a judge can rule that the statute of limitations begins at the time you were informed of your condition.

Spinal cord injuries are not as rare as many people think. It is estimated that there are 17,500 new spinal cord injuries each year and that nearly a quarter of a million Americans lives with such an injury.

If you live with a spinal cord injury, your every waking moment is a struggle. These types of injuries are considered catastrophic not only because of what they do to the body but also because of what they do to the lives and families of people who have them. Your spinal cord injury may have put you out of a good-paying job. It may have forced you to spend months in a hospital and even more time in rehabilitation. It may have also driven you into debt.

The pain, suffering, anxiety, and anguish suffered by you and your family are grounds for a lawsuit against the person responsible for the accident and injury. To get the compensation you deserve you must hire a spinal cord injury attorney with the right experience and expertise.

Juan Reyna is a native Texan who has been fighting for Texas families for nearly 2 decades. Juan Reyna has handled and successfully won verdicts and settlements for a range of personal injury cases, including car accidents, slip and fall, motorcycle accidents, truck accidents, wrongful death, brain injury, and spinal injury cases. If you are working on behalf of a Spanish-speaking loved one who has suffered a spinal injury, Juan Reyna can offer to communicate directly with your relative or friend in Spanish.

The important thing is to get started on the case straight away. The longer you delay the harder it will be to locate and gather all of the evidence needed to prove your case. The memories of eyewitnesses fade and become unreliable under cross-examination. Medical records disappear owing to administrative purges. Evidence and photos of the accident scene become misplaced. Then there is the statute of limitations. Even if you were not told straightaway about the severity of the injury, the defense will still try to have your lawsuit thrown out if it has passed the 2-year mark.

You should neither delay nor be frightened off. You can get justice. Juan has helped a great many families like yours get the compensation they deserve from insurance companies and other powerful entities. When the law is on your side, no amount of money or influence can protect the other side. You need a fighter. You need someone who will pursue your interests with energy, skill, integrity, and compassion.

For more information please visit our site.

The post How long does Texas Law allow to file a Spinal Cord Injury Lawsuit? appeared first on Reyna Injury Lawyers.

from Reyna Injury Lawyers https://ift.tt/2BznXZc
via IFTTT

What happens in a Wrongful Death Case in Texas?

Losing a loved one is always a devastating experience. Knowing that the loved one died unexpectedly and because of someone’s negligence can be even more heartbreaking. Texas personal injury laws can’t make the grief of losing a loved one disappear. However, the state’s personal injury laws seek to provide family members with some form of financial justice for the unexpected loss of their loved one. This is called a wrongful death lawsuit.

What is a Wrongful Death Lawsuit?

In Texas, a wrongful death claim involves someone dying unexpectedly because of a person’s negligence, carelessness, default or unskillfulness. This means the person is financially responsible for causing a loved one’s untimely death. The state only allows certain members to file a wrongful death lawsuit. These members are limited to the surviving spouse, children and/or parents.

What Happens during a Wrongful Death Lawsuit?

The family’s attorney will contact the accused party with a demand letter for the wrongful death of their loved one. This puts the wrongful party on notice that they have two options: negotiate a settlement or be sued in court. Many attorneys do not wait for the negotiation process to begin to file the lawsuit. Texas has a statute of limitations of two years from the date of the loved one’s death to file a wrongful lawsuit. Thus, Reyna Injury Lawyers file a lawsuit as soon as possible.

Often, the family’s attorney will enter negotiations with the wrongful party. A negotiation will focus on the amount of money paid for the loved one’s untimely death. There will be offers and counteroffers made. If both sides can agree on an amount, the family signs a settlement agreement. In exchange for the money from the wrongful party, they agree to drop their wrongful death lawsuit.

What are the Elements of a Wrongful Death Claim?

If both sides can’t agree, they go to court. Keep in mind that a settlement agreement can occur during the trial. When the case goes to trial, the family has the burden of proving the wrongful party liable. Elements of a wrongful death claim include duty, breach of duty, causation, and damages.

Duty refers to the party who caused a wrongful death owing to the loved one a legal duty to protect them from harm. The second element shows the wrongful party breach that duty by causing that accident that led to the loved one’s death. The next step is to prove the wrongful party was the cause of the accident. They could be the direct or indirect cause of the accident. For example, direct cause involves a person doing something or not doing something that caused the loved one’s death.

Contact the Reyna Injury Lawyers

Once those elements are proven, the family must show damages. The damages are the expenses they incurred because of their loved one’s death. These damages include pecuniary losses, mental anguish, and loss of companionship. Reyna Injury Lawyers has helped many families achieve outcomes in their favor after the wrongful death of a loved one. Get in touch today by calling 855-477-7100 or contact us here.

For more information please visit our site.

The post What happens in a Wrongful Death Case in Texas? appeared first on Reyna Injury Lawyers.

from Reyna Injury Lawyers https://ift.tt/2PNrgV9
via IFTTT

How is fault determined after a Car Accident in Texas?

In 2017 in Texas, there were no days during which a fatal car accident did not occur. There were 614 pedestrian accidents. After a car accident, many people will deny that they were at fault to avoid receiving a citation or increased insurance premiums. Individuals who have been injured as a result of a driver’s negligence will need to prove that the other driver was at fault for the accident.

When an accident is reported, law enforcement officers will go to the scene to investigate the crash and potentially cite any drivers who were deemed to be at fault for careless driving and violation of other traffic laws. In some cases, officers do not find either driver at fault if the evidence at the scene appears to be inconclusive or if both drivers appear to be at fault.

Some cases of negligence are more obvious than others. For example, most of the time when a rear-end car accident occurs, there is a presumption that the driver who crashed into the car in front of them was driving unsafely either by driving too closely to stop in time or not paying attention to the road. In other cases, the assignment of fault is more difficult. If an accident occurs in an intersection and both drivers claim they had the right-of-way, investigators may need to look at other evidence like witness statements, camera footage, and traffic signal data to determine which driver is being truthful.

Insurance companies may conduct their own investigations to determine fault. They may take statements from their own insured driver and examine reports and photos taken at the crash scene. An insurance adjuster will usually inspect a damaged vehicle and take photos of the damage. If a driver is sued, an insurance company will sometimes settle the case if it appears their insured driver was at fault. In some cases, liability will be disputed.

A personal injury lawyer may be able to help car accident victims prove that another driver was at fault for an accident. An attorney may be able to help track down evidence that was not available at the time police officers created an accident report. For example, camera footage from a nearby business may show that a client’s account of the accident is true. Crash reconstruction experts can examine evidence from the scene of the crash such as photographs, skid marks and weather condition records to determine the cause of the accident. In Texas in 2017, cloudy weather was the main contributing weather condition in serious crashes followed by rain.

Contact Reyna Injury Lawyers today

If you have been injured in a car accident, contact Reyna Injury Lawyers. The statute of limitations for filing a claim is two years, so it is important to contact a lawyer right away. An attorney at Reyna Injury Lawyers can help make sure that you are treated fairly by insurance companies. In cases where the at-fault driver refuses to admit fault, an attorney can help you prove your claim as well as the extent of your injuries.

For more information please visit our site.

The post How is fault determined after a Car Accident in Texas? appeared first on Reyna Injury Lawyers.

from Reyna Injury Lawyers https://ift.tt/2qKDT4j
via IFTTT

How to get maximum compensation following a Catastrophic Injury

Recovering from a catastrophic injury can be a challenge in even the best of circumstances. The financial stress can seem overwhelming and leave victims with a sense of helplessness and despair exceeded only by the extent of their injuries.

When it comes to the pursuit of damages for a personal injury, most believe that the result of their case will be a foregone conclusion. After all, they are injured and they can prove where and when it happened. Someone has to be held accountable.

The only way to make certain fault is legitimately laid is to approach the case with the same meticulous and responsible duty as any other legal matter. Records must be kept, evidence must be gathered and certain steps have to be taken in order to make sure those who are owed compensation receive it in whole.

Attorneys like Juan Reyna will tell you these steps may sound relatively simple, but will also tell you fulfilling them in a way that strengthens your case can be a challenge. How best to get proper compensation for a catastrophic injury?

Evidence

Many victims of injury overlook the fact that their medical records may do little for them in the event of a legal dispute. Even in negotiations with their own insurance companies, unless they can establish the details of their accident the chances of building a solid case for a claim can be difficult. Building a solid case against a third party can be even more difficult.

It is incumbent on anyone who intends to help an injured victim to make certain that any evidence present at the scene is preserved. In the modern age, the best way to do this is with a mobile phone’s camera. Everything at an accident scene should be photographed. Special attention should also be given to surveillance cameras, all witnesses to the accident, unsafe conditions, weather or any visible hazards.

This kind of documentation combined with applicable medical reports can be very persuasive to both insurance adjusters and juries.

Other Records

In order to obtain compensation from a defendant, it is necessary for any plaintiff to prove three things. First, the defendant must have had a duty to act. Second, the defendant must have been negligent in performing that duty. Third, the plaintiff has to show damages. The first two aren’t normally in the victim’s control. Keeping good records of the costs of an injury is decidedly in a plaintiff’s control. This is something an attorney like Juan Reyna can be of considerable assistance accomplishing. Lawyers know what expenses qualify as damages and they know how to efficiently document them.

The best path forward in any legal matter is to consult an experienced and qualified attorney as quickly as possible. This will preserve your rights and protect your ability to obtain damages to compensate you for your injuries.

If you or a beloved family member have suffered a catastrophic injury, Reyna Injury Lawyers is here for you. Juan Reyna, the law firm’s founder and one of the most talented and well-known Personal Injury Lawyers in Texas, has been defending clients and fighting with them and their families aggressively to get the compensation and justice they deserve. Get in touch online or call us at 855-477-7100.

For more information please visit our site.

The post How to get maximum compensation following a Catastrophic Injury appeared first on Reyna Injury Lawyers.

from Reyna Injury Lawyers https://ift.tt/2QlGZac
via IFTTT