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Personal Injury Lawyer in Odessa

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    Personal Injury Lawyers
    in Odessa, TX

    Serving San Antonio, El Paso, Midland, Odessa, and Laredo, Texas as well as Carlsbad & Hobbs, New Mexico.

    Everyone needs someone to count on during difficult times. If you have been injured or need legal representation, we want you to know that we are here for you 24 hours a day 7 days a week.

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    Odessa Personal Injury Lawyer

    A trip to the store can easily result in a trip to the floor resulting in personal injuries at a moment’s notice. Indeed, personal injuries are a growing trend in recognition that failure to take reasonable measures to safeguard their customers; businesses can be held liable for any wrongdoing. Not only is it embarrassing to take a tumble in the produce aisle; such an accident can cause serious injuries resulting in pain, medical bills, or loss of work. Should you or a loved one find yourself the victim of a personal injury, there is a chance that you may be due just compensation for your injuries. Regrettably, the owner of the property or operator of a business rarely tells that to customers, so you need a trusted Odessa, Texas personal injury lawyer that you can trust. You will find that trust, and legal team, at Cesar Ornelas Law.

    Compensation Varies in Odessa, But You Have Rights

    All personal injury lawsuits are not created equally when it comes to tallying up the size of judgment awards. For instance, when one canvasses the verdict awards of personal injury cases, medical malpractice leads the pack in terms of the size of judgments averages of $340,000 with auto accidents coming in second at $24,000. Running a distant third place, when it comes to assessing the amount of money plaintiffs can expect to see, are victims of slip and fall injuries with average payouts of $2,000.

    According to the Center for Disease Control, however, more than a million Americans suffer slip and fall injuries every year, with nearly a third of those receiving moderate to severe injuries. Just as all Odessa personal injuries are not created equal, neither are all slip and fall injuries created equal. To adequately assess your case requires discussions with a qualified attorney to determine liability and the feasibility of filing a case.

    Assessing Culpability and Your Rights in Odessa

    Although accidents do happen, usually they occur due to another party’s negligence, and a large portion of personal injury work involves your accident lawyer fully researching the details of your case to find mitigating circumstances in your favor. Parsing through the facts of any accident case, your personal injury lawyer can identify what factors contributed to your accident and hold the guilty people financially responsible. Whether a business failed to clean the snow and ice from their foray, or poor lighting caused you to trip and fall, if your injuries are the result of someone else failing to perform their due diligence, then they can be held liable for your damages.

    Texas State Highway Spur 588, Texas State Highway 191 (SH 191), and United States Highway 385 (US 385) are some of the major highways that pass through Odessa, Texas, which means they are frequent locations for motor vehicle accidents although there are many other kinds of accidents people could experience in the county seat of Ector County. When you suffer any type of injury in an accident that involves another party’s negligence, you will want to speak to an Odessa personal injury lawyer about what they can do to assist you in recovering maximum financial compensation for your losses.

    An Odessa personal injury attorney can make a world of difference in the handling of your personal injury claim because they will have the ability to do all of the necessary supporting work to make sure your claim is filed successfully. People certainly have the right to handle their personal injury claims on their own, but you should know that insurance companies routinely take advantage of such people and are usually able to avoid paying anywhere near the amounts they should be liable for.

    Personal Injury Law Firm in Odessa Working for You

    If you have been involved in an accident, whether it be an automobile, motorcycle, dog bite, or a slip and fall mishap, your accident lawyer at Cesar Ornelas Injury Law Firm will be by your side. We can help you sort out the details of your case, and get just settlement or judgment for your injuries. Even if you have had the same insurance policy for years, your friendly agent, who accepted your insurance premium payments all these years, becomes the adversary when fighting for your rightful benefits. In all likelihood, your insurance company will go to court with a team of attorneys to fight your claim. You should have a top-notch personal injury lawyer working for you to ensure that you and your family’s financial security is assured.

    We will fight diligently for you and your family should you be the victim of an unforeseen personal injury that could have been avoided had another party acted more responsibly. Don’t risk suffering unduly for someone else’s mistakes. Our team of expert litigators is standing by, so call today or contact our Odessa office for an immediate for cost and obligation-free consultation.

    Cesar Ornelas Principal

    Call Our Expert Team at Cesar Ornelas Law in Odessa

    Personal injuries can happen in the blink of an eye and in a myriad of circumstances. Should those circumstances be the result of negligence; however, you may well be entitled to just compensation for a range of losses from medical expenses, lost wages, and more. The Odessa office of Cesar Ornelas brings a range of legal skills and experience to both the deposition room and the courtroom.

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      Our attorneys are here to help you. We will investigate your injury and advise you about your rights to recover an injury-related settlement after an accident.

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    Frequently Asked Questions

    Answers to your most
    commonly asked questions

    When you schedule your free consultation with a El Paso personal injury attorney, you should come prepared with specific questions for us to address.

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    FAQ

    personal injury case could involve any one of a number of possible accident claims because there are, of course, several types of accidents that can lead to people sustaining injuries. Common kinds of accident claims generally include the following:

    Every single personal injury claim can involve different types of injuries, and the range of possible injury claims is extremely wide. Certain injuries may be either more or less severe depending on the particular circumstances that surround an accident, and there could be people who actually suffer multiple injuries in a single accident.

    Texas Civil Practice and Remedies Code § 16.003 is the state law establishing that a person must bring an action for personal injury within two years of the day of their accident. The time limit is called the statute of limitations, and some exceptions do exist to this time limit, including the following instances:

    • Age — A person is considered under a legal disability when they are younger than 18 years of age under Texas Civil Practice and Remedies Code § 16.001, regardless of whether the person is married. This means that minors have two years to file their case after they turn 18 years of age.
    • Unsound Mind — The same statute in the Texas Civil Practice and Remedies Code also provides that a person who is of unsound mind (meaning incapacitated) will be considered to be under a legal disability. The statute of limitations can be tolled (delayed) in these cases until such person is again of sound mind.
    • Fraudulent Concealment — In a case in which a defendant intentionally conceals information from a victim so they do not know about having a legal claim, then the statute of limitations will not begin until the date that the victim discovers the relevant information or reasonably should have discovered it.
    • Discovery Rule — The discovery rule applies to cases involving injured people who are unaware of their injuries. The discovery rule establishes that a person may file suit up to two years after the point at which they become aware of their injuries. The rule most commonly comes into play in cases involving diseases that people may develop several years after initial exposure to hazardous situations.

    Texas Civil Practice and Remedies Code § 33.001 governs negligence cases in Texas and establishes that the theory of proportionate responsibility applies so a person will not be able to recover damages when their percentage of fault is more than 50 percent. Texas is thus considered a modified comparative fault state, meaning any award you might receive will be reduced by your share of responsibility for the accident, so an award of $100,000 for a car accident claim in which you are found to have been 40 percent responsible for will be reduced by $40,000 and you ultimately receive $60,000.

    Texas also imposes limits on certain kinds of damages in some cases, which are more commonly referred to as damage caps. Medical malpractice cases, for example, involve noneconomic damage caps of $250,000 for each defendant and a $750,000 maximum damage cap 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 a $100,000 cap for property damage. Punitive damages or exemplary damages cannot exceed an amount equal to the greater of two times the economic damages plus an amount equal to any non-economic damages up to $750,000, or $200,000.

    Some of the most common injury claims include:

    • Traumatic Brain Injuries (TBIs)
    • Sprains and Strains
    • Spinal Cord Injuries
    • Paralysis
    • Neurological Damage
    • Nerve Damage
    • Internal Organ Damage
    • Hearing Loss
    • Facial Injuries
    • Eye Injuries
    • Burn Injuries
    • Broken Bones and Fractures
    • Birth Injuries
    • Animal Bites
    • Amputations

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

    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.

    Personal injury cases that go all the way to trial can result in juries awarding victims compensation commonly referred to as damages. Damages come in many forms, with the primary distinction being economic versus non-economic damages.

    Economic damages are tangible losses that can be calculated and proven. Noneconomic damages are far more subjective, non-monetary losses.

    Economic damages may include:

    • Surgical costs
    • Rehabilitation or physical therapy costs
    • Medication expenses
    • Lost wages
    • Lost earning capacity
    • Doctor appointment fees
    • Cost of treatment in an emergency department
    • Cost of hospital stays
    • Ambulance fees

    Noneconomic damages can include:

    • Worsening of prior injuries
    • Pain and suffering
    • Loss of society and companionship
    • Loss of reputation
    • Loss of enjoyment of life
    • Loss of consortium
    • Inconvenience
    • Humiliation
    • Emotional distress
    • Disfigurement
    • Disability

    Another kind of damage that is much less common in personal injury cases is punitive damages or exemplary damages. Texas Civil Practice and Remedies Code § 41.001 defines exemplary damages as any damages 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 if a person proves by clear and convincing evidence that the harm they suffered resulted from either fraud, malice, or gross negligence. Punitive damages are usually awarded more to punish defendants and deter others from engaging in similar behavior.

    Exemplary damages will only be awarded when a jury is unanimous in regard to finding liability for the number of exemplary damages. Texas Civil Practice and Remedies Code § 41.008 provides multiple exceptions to the punitive damage cap, such as 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 trafficking of persons, third-degree felony theft or higher, sexual assault, removal or concealment of writing, murder, misapplication of fiduciary property or property of the financial institution, injury to a child, elderly individual, or disabled individual, fraudulent securing of document execution, fraudulent destruction, forgery, continuous sexual abuse of a young child or disabled individual, commercial bribery, capital murder, aggravated sexual assault, aggravated kidnapping, and aggravated assault.

    When you file a claim for possible damages in a personal injury case, you are going to have to prove four basic elements of a personal injury case that include:

    • A defendant owed you a legal duty of care
    • A defendant breached their legal duty of care
    • You suffered injuries
    • You were injured because of the defendant’s breach of duty

    A duty of care is a duty to act as a reasonable person would under particular circumstances, while a special duty of care will mean a person is obligated to perform in a way an average person might not necessarily be expected or obligated to do. People are not negligent when they fulfill their duty of care.

    A breach of duty can involve an actual cause or cause in fact, usually defined as an action that produces foreseeable consequences without another intervention. A proximate cause, meanwhile, is an event sufficiently related to an injury and a court deems an event causing injury.

    Proving that you suffered injuries involves providing a medical report after visiting a hospital. Medical records will generally indicate the types of injuries a person suffered and how severe they are.

    In addition to proving injuries, a breach of duty also involves demonstrating that you suffered damages because of the breach of duty. Such evidence might include proof of lost income, medical bills, repair bills for property damage, or other forms of evidence.

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