When you suffer injuries in any kind of accident in El Paso that was caused by another party’s negligence, you should know that you could be entitled to various types of financial compensation more commonly known as damages for all of the harm you are suffering. It is always in your best interest to seek the help of an El Paso personal injury lawyer for assistance navigating the complex requirements associated with recovering damages in these cases.
An El Paso personal injury lawyer is going to be of incredible benefit to you in every aspect of your recovery, not just in helping you obtain compensation but also ensuring that you receive the necessary medical care and have the ability to return to your usual activities as soon as possible. Many personal injury cases involve truly debilitating injuries that leave victims bedridden for weeks or even months, and you deserve to have help at a time when you are most in need.
Every two hours, someone dies in a car wreck in Texas. Every two minutes, someone is injured in a car wreck. El Paso has seen a considerable jump in the number of pedestrian fatalities and injuries as a result of motor vehicle collisions.
These are just a few of the many statistics that Texans face daily. Texas leads the United States in dog bite fatalities. The likelihood of getting hurt at the hands of someone else is unfortunately far too likely. And at some point in life, you or a loved one may become a victim. If that happens, you need a personal injury law firm like Cesar Ornelas Law that is ready to fight for you.
No amount of money will ever take away the pain and suffering you, or a loved one suffer(s). But it can help you face large medical bills and an uncertain future due to loss of wages and possibly unemployment. A personal injury lawyer in El Paso can help you get what is rightly yours, but only if you act quickly after an accident.
According to Texas law, citizens only have two years from the date of the incident to file a personal injury claim against a negligent person. If you miss the deadline, your case will be dismissed even if it has merit. Therefore, you can’t wait until things slow down to file your case. Still, you don’t have to worry about adding more responsibility to your life if you hire a personal injury lawyer like Cesar Ornelas.
The phrase personal injury law applies to a wide variety of possible cases, and people may have valid claims for all sorts of accidents that have caused personal harm. Some of the most common kinds of personal injury actions generally tend to involve the following:
Keeping in mind that personal injury involves the term injury, it is usually a person’s injuries that are the center of most personal injury cases. The types of injuries people can suffer will vary depending on the kind of accident they were involved in, and it is always possible that some people will sustain multiple injuries in a single accident.
In general, some of the most common kinds of injury claims involve the following:
Texas Civil Practice and Remedies Code § 16.003 establishes that a person must bring an action for personal injury no later than two years after the day their cause of action accrues. This is known as the statute of limitations, and there are certain exceptions to this time limit, including:
All negligence cases in Texas will be governed by Texas Civil Practice and Remedies Code § 33.001, which establishes the theory of proportionate responsibility and states that a person cannot recover damages when their percentage of fault is more than 50 percent. This law makes Texas a modified comparative fault state, and you need to understand that any award you receive can be reduced by your share of responsibility for an accident, meaning that if you are awarded $100,000 in a car accident claim you are found to have been 25 percent responsible for, your award is reduced by $25,000 and you ultimately receive $75,000.
You should also be aware that Texas does impose limits on certain types of damages in some cases, more commonly known as damage caps. For example, a medical malpractice case involves a noneconomic damage cap of $250,000 for every defendant and $750,000 maximum overall regardless of the total number of defendants.
Claims against government entities will involve damage caps of $250,000 per defendant or $500,000 per case for bodily injuries and miscellaneous costs as well as another $100,000 cap for property damage. Punitive damages, which are known as exemplary damages under the Texas Civil Practice and Remedies Code, cannot exceed an amount equal to the greater of two times the economic damages plus an amount equal to any noneconomic damages up to $750,000, or $200,000.
When you are filing a claim against another party for possible damages, you are going to need to prove four basic elements of a personal injury case:
A duty of care typically means a duty to act as a reasonable person would under particular circumstances, while a special duty of care refers to a person being obligated to perform in a way an average person might not necessarily be expected or obligated to do. A person will not be negligent when they fulfill their duty of care.
A breach of duty could involve an actual cause or cause in fact, which is an action that produces foreseeable consequences without any other intervention. A proximate cause, on the other hand, relates to an event that is sufficiently related to an injury and the court deems an event causing injury.
Proving you sustained injuries will usually involve your medical report after visiting a hospital. Most medical records should clearly indicate the nature and degree of injuries a person suffers.
Connecting the injuries to the breach of duty usually requires proving that a victim has suffered some kind of damages because of the breach of duty. Evidence may include medical bills, proof of lost income, repair bills for property damage, or other forms of evidence.
When a person receives an award in a personal injury case that goes to trial, the award the jury provides is known as damages and can include multiple forms of damages. The most common distinction between damages concerns economic and noneconomic.
Economic damages are the losses that can be calculated and proven. Noneconomic damages are much more subjective and do not have inherent financial values.
A third but much less common form of damages are punitive damages or exemplary damages. Texas Civil Practice and Remedies Code § 41.001 defines exemplary damages as any damages that are awarded as a penalty or punishment but not for compensatory purposes.
Under Texas Civil Practice and Remedies Code § 41.003, exemplary damages can only be awarded when a person proves by clear and convincing evidence that the harm with respect to which they seek recovery of exemplary damages resulted from fraud, malice, or gross negligence. Punitive damages are awarded more to punish defendants and deter others from engaging in similar behavior.
Exemplary damages can be awarded only when a jury is unanimous in regard to finding liability for and the amount of exemplary damages. Texas Civil Practice and Remedies Code § 41.008 also carves out numerous exceptions to the punitive damage cap, namely when a person seeks recovery of exemplary damages based on conduct described as a felony under the Texas Penal Code sections committed knowingly or intentionally involving murder, capital murder, aggravated kidnapping, aggravated assault, sexual assault, aggravated sexual assault, injury to a child, elderly individual, or disabled individual, forgery, commercial bribery, misapplication of fiduciary property or property of financial institution, fraudulent securing of document execution, fraudulent destruction, removal, or concealment of writing, third-degree felony theft or higher, continuous sexual abuse of young child or disabled individual, and trafficking of persons.
Once you hire a personal injury law firm in El Paso, Tx, they will take care of everything that needs to be done to win your case and get you a settlement. The personal injury attorney will obtain accident reports, medical records, look for witnesses, hire a private investigator if necessary, and represent you in court. They will handle all insurance interactions on your behalf and will fight for your rights.
Cesar Ornelas offers excellent representation without any upfront cost. When you work with a reliable El Paso personal injury lawyer, you don’t have to worry about out-of-pocket costs. We know that right now, the medical bills keep coming, and the last thing you need to worry about is paying an attorney. We work on a contingency basis, which means we only get paid when you get paid.
There is no reason to delay, contact the Cesar Ornelas personal injury law firm today. In fact, the quicker you contact us, the better the results. As soon as we take your case, we’ll begin compiling evidence that will be used to build a case. If we can prove that the person responsible for your injury was reckless or negligent, we seek punitive damages along with compensation. This will increase the final amount that you receive.
Our website has an easy-to-use email intake form that you can use to instantly send us your information and a brief description of your injury. Once received, we will review the information and contact you promptly. Once we have your information, we will begin work on your case. You can focus on your recovery until the payout is ready to be disbursed. We take as much stress out of the equation as we can because we know you have enough going on. Cesar Ornelas is open 24/7 weekends and holidays, there is never a bad time to call for our help.
Insurance companies know you will have expenses after an accident and like to offer you a settlement right away. However, the initial offer is rarely the full amount that you are entitled to. If you are harmed in an accident, insurance companies will never approach you and offer money, but instead will wait to see if you file a claim. This is their way of dodging payouts of huge insurance settlements even when they are responsible. Don’t let yourself become a victim a second time.
When you have suffered injuries in any kind of accident in the greater El Paso area, you are going to want to be sure that you find yourself legal representation without delay. Cesar Ornelas Law has years of experience representing individuals in injury cases all over Texas.
Our firm can represent you on a contingency fee basis, meaning that we will not charge you anything upfront to handle your case and will instead deduct a prearranged percentage of whatever your award is. You can take advantage of a free, no-risk consultation when you either call us at (888) CESARWINS [(888) 237-2794] or (210) 405-6503, email us at firstname.lastname@example.org, or contact us online.