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.

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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.

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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.

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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.

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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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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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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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