San Antonio Personal Injury Lawyer | Cesar Ornelas Law

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FAQs

Car Accidents

When should I hire a car accident lawyer?

If you are involved in a car accident with minor car damage or no injuries you don’t necessarily need a lawyer. However, a major accident or severe injuries can leave you vulnerable to the opposing lawyer or insurance company. Any parties from the opposing side will not have your best interest in mind. The less money they have to pay you, the more money they will get to keep. It is a good idea to have a dependable car accident lawyer on your side to make sure you receive fair compensation for your injuries and vehicle damage.

What do you do after a car accident that’s not your fault?

Whether you are at fault or not, there are several steps you should always take immediately after you are involved in a car accident to protect yourself. 
  1. Move your vehicle and make sure you and your passengers are not in need of immediate medical attention.
  2. Call 911 for medical attention if needed. Otherwise, call the police to the scene.
  3. Collect the other driver’s information for future reference. This information includes their name, phone number, address, driver’s license number, license plate and insurance information.
  4. Be careful not to apologize or admit fault in any way. Comments at this time can be used against you later.
  5. Report the accident to your insurance company.
  6. Keep an eye on your physical well-being as some side effects appear after the initial trauma.
  7. Speak with a personal injury lawyer to protect yourself from any opposing insurance companies or lawyers.

How much is an average car accident settlement?

Since there are so many factors that affect the amount of your settlement there’s no set amount estimated for your situation until you pursue professional help from an attorney. A settlement with just property damage can easily make it into the thousands of dollars, and an incident involving injury can move into the tens of thousands.

Trucking Accidents

Can I sue after being hit by a semi-truck?

Though the circumstances vary, if you were caused personal injury from the negligent actions of a truck driver then you can certainly sue for compensation. The tricky part is to be able to prove the driver was negligent and liable for your injury. That’s where a personal injury attorney can help you.

Who can be held liable for a trucking accident?

There are several parties who can be held responsible for the personal injury you incurred during a trucking accident
  • The truck driver
  • The driver’s employer (also called the carrier)
  • The truck manufacturer
  • The owner of the cargo being transported
  • Those in charge of highway maintenance/design
A personal injury attorney will be able to help you figure out which parties are liable for your injury and the best way to get you compensation.

What causes most trucking accidents?

  • Distracted driving
  • Fatigue 
  • Impaired driving
  • Speed

Oil Rig/Field Accidents

What should I do if I’m injured in an oil field?

If you’re injured in an oil field, your priority should be to attend to any medical concerns as soon as possible for your safety. You should also report the incident to your supervisor quickly to ensure you’re eligible for any available worker’s compensation benefits. Finally, consider involving an attorney to fight for your best interests and get you the fair compensation you deserve.

What laws protect oil rig workers who have incurred injuries?

The Jones Act protects sailors and offshore workers who are injured while on the job and spend at least 30% of their employed time on an offshore vessel. The Longshore Act also protects maritime workers in United States waters. A personal injury lawyer who is experienced with laws like these will know exactly how to help you receive compensation for your injuries.

Work Injuries

When do you need a work-related injury attorney?

When it comes to work-related injuries, a good rule to follow is at any time you find yourself in conflict with an insurance company, hiring a lawyer to represent you can benefit you greatly. Some examples of situations that a lawyer could help with are:
  • A denied insurance claim
  • A disputed disability rating
  • A preexisting condition is blamed
  • A delay in medical treatment
  • A decreased ability to work
  • An additional government benefit is received already
  • A hearing is scheduled 

How long does an employee have to report an injury?

In Texas, you technically have up to 30 days to report an injury to your employer and still have a chance to receive worker’s compensation. However, it is still highly recommended that you report any injuries at work immediately to avoid any miscommunication with your employer and their records.

Wrongful Death 

When should you hire a wrongful death attorney?

If your family member has passed due to another person’s negligence or intentional actions then you have the right to pursue compensation. An experienced wrongful death attorney can represent your family in court to make the process as smooth as they can and allow you time to heal from your loss.

What qualifies as wrongful death?

Wrongful death means the death of a human as the result of a wrongful act of another person. Acts that qualify as wrongful are:
  • Negligence – such as careless driving
  • Purposeful attack – such as assault and/or battery
  • Death – caused by another crime
  • Vehicle manslaughter
  • Manslaughter
  • Murder

Settlement Questions

What percent of the settlement does a personal injury lawyer get?

Most personal injury lawyers receive 33% or ⅓ of the settlement amount. This amount may be negotiable for some lawyers during the agreement phase. 

How is a settlement paid out? 

Typical compensation can be received as a lump-sum or in structured settlements. The main difference is you get the entire settlement in a lump-sum situation and agreed upon monthly portions of the settlement in a structured settlement situation. Some settlements combine the two with an injection of funds at the beginning and then set payments every month following the settlement.

Are medical bills included in a personal injury settlement?

Payment or reimbursement of medical costs is usually included as a component of a personal injury claim. A good personal injury attorney will fight for all medical bills caused by the accident to be compensated as well as all relevant future treatment that may arise.If you think you may have a case, contact Cesar Ornelas Law today. Because for us, it’s personal.