Pelaez Law Firm, Crash Angels

San Antonio’s busy streets see their fair share of accidents, especially at intersections where traffic patterns collide. With a growing population and an increasing number of vehicles on the road, navigating these bustling junctions has become more challenging than ever. Understanding why these accidents happen and what legal steps you can take afterward is essential for protecting your rights and ensuring accountability.

Understanding the Complexity of Intersection Accidents

Intersections are hotspots for accidents due to their unique layout and the variety of decisions drivers must make in a short amount of time. Whether it’s a simple two-way stop or a multi-lane intersection with traffic lights and turn signals, each brings its risks. In San Antonio, intersections and major thoroughfares often see frequent crashes. These busy intersections combine high traffic volume with distracted driving, speeding, and other dangerous behaviors, creating a recipe for disaster.

Distracted Driving

Distracted driving remains one of the most common causes of accidents at intersections in San Antonio. With drivers checking their phones, fiddling with navigation systems, or simply daydreaming, reaction times drop significantly. At intersections, where quick decision-making is critical, even a brief moment of distraction can result in catastrophic consequences. For example, a driver distracted with a text message might miss a red light, leading to a T-bone collision with another vehicle.

Speeding and Reckless Driving

San Antonio’s sprawling urban layout often tempts drivers to speed, especially on major roads connecting residential and commercial areas. However, speeding reduces the time drivers have to react to changing traffic signals or sudden movements from other vehicles. Reckless behaviors like aggressive lane changes or speeding up before yellow lights amplify the risk of accidents at intersections. These actions not only endanger the offending driver but also put law-abiding motorists, cyclists, and pedestrians at risk.

Failure to Yield

Another significant factor in intersection accidents is the failure to yield. Drivers turning left often misjudge the speed and distance of oncoming vehicles, leading to dangerous collisions. Similarly, drivers entering an intersection from a stop sign or yield sign may fail to notice cross traffic or assume they have more time than they do.

Driving Under the Influence

Driving under the influence of alcohol or drugs significantly impairs judgment, reaction time, and overall driving ability. In San Antonio, DUI-related accidents are a frequent issue, especially during holidays or major events. Intoxicated drivers are more likely to run red lights, make illegal turns, or misinterpret traffic patterns at intersections, causing severe accidents.

Weather and Road Conditions

San Antonio’s weather can also play a role in intersection accidents. Sudden rainstorms often create slick roads, reducing traction and making it harder for vehicles to stop in time. Poorly maintained intersections with faded lane markings or malfunctioning traffic lights can add to the confusion, increasing the likelihood of collisions.

Legal Recourse After an Intersection Accident

If you’ve been involved in an intersection accident in San Antonio, understanding your legal options is crucial. Texas law provides clear guidelines for determining fault and seeking compensation, but navigating these laws can feel overwhelming, especially after a traumatic event.

Determining Fault

The first step in any legal process after a car accident is determining who was at fault. Texas follows a “modified comparative negligence” rule, meaning you can recover damages if you are less than 51% responsible for the accident. However, your compensation may be reduced by your percentage of fault. Evidence like police reports, eyewitness accounts, and traffic camera footage can help establish liability.

Seeking Medical Attention

Seeking immediate medical attention after an accident is important not only for your health but also for your legal case.

Medical records provide concrete evidence of the injuries you sustained, which can be critical when negotiating with insurance companies or presenting your case in court. Even if you feel fine immediately after the crash, underlying injuries like whiplash or internal trauma can appear later, so a thorough medical evaluation is always recommended.

Dealing with Insurance Companies

Interacting with insurance companies can be one of the most stressful parts of the aftermath of an accident. Insurance adjusters may try to minimize your claim or shift blame onto you to reduce their payout. It’s essential to document everything, including photos of the accident scene, medical records, and repair estimates for your vehicle. Consulting with an attorney before making any statements to an insurance company can protect your rights and ensure you don’t unintentionally harm your claim.

Filing a Personal Injury Lawsuit

In cases where insurance settlements fail to cover your damages, you may consider filing a personal injury lawsuit. Under Texas law, you generally have two years from the date of the accident to file a lawsuit. Working with an experienced attorney can help you navigate this process, from gathering evidence to representing you in court. Compensation in these cases often covers medical expenses, lost wages, property damage, and even pain and suffering.

Call Pelaez Law Firm Today

Intersection accidents in San Antonio are a complex issue influenced by a variety of factors, from driver behavior to road conditions. Understanding these causes can help you stay vigilant on the road while knowing your legal rights ensures you’re prepared if an accident does occur. Whether it’s negotiating with insurance companies or filing a lawsuit, having the right knowledge and support can make all the difference.

To schedule a free case evaluation with our team, call the Crash Angels at Pelaez Law Firm today at 210-801-9314. If you’re concerned about losing a legal battle and being further in debt than when you started, you don’t need to worry about it with us! Remember, with the Crash Angels, you don’t pay unless we win; you don’t pay until we win.

Drunk driving accidents can leave victims with life-altering injuries, emotional trauma, and financial burdens that seem impossible. If you or a loved one have been injured in a drunk driving accident in San Antonio, you have the right to seek justice and compensation.

The Impact of Drunk Driving Accidents

Drunk driving accidents can have catastrophic consequences. The physical injuries often range from minor cuts and bruises to life-threatening conditions such as traumatic brain injuries, spinal cord damage, and even death. Beyond the physical harm, victims frequently experience emotional distress, anxiety, and post-traumatic stress disorder (PTSD). Financial strain adds to the burden as medical bills, lost wages, and rehabilitation costs quickly pile up.

San Antonio, like many other cities, continues to face the consequences of drunk driving. Despite public awareness campaigns, the number of accidents caused by intoxicated drivers remains high. Victims and their families are often left asking, “What legal options are available to me?”

Filing a Personal Injury Claim

One of the primary legal avenues for drunk driving victims in San Antonio is filing a personal injury claim. A personal injury claim allows victims to pursue compensation from the at-fault driver or their insurance company, which typically involves proving that the other driver was negligent by driving under the influence of alcohol or drugs and that this negligence directly caused the accident and your injuries.

Proving Negligence in a Drunk Driving Case

Proving negligence in a drunk driving accident is usually straightforward compared to other types of car accidents. If the driver was arrested for driving under the influence (DUI) at the scene or failed a field sobriety test, this can serve as powerful evidence in your favor.

Police reports, witness statements, and even footage from nearby traffic cameras may further strengthen your case. However, securing this evidence as soon as possible is crucial, as it can become harder to obtain as time passes.

Compensation You Can Recover

When filing a personal injury claim, the compensation you can recover varies depending on the severity of your injuries and other factors. You may be entitled to compensation for medical expenses, lost wages, property damage, and non-economic damages such as pain and suffering.

In cases of extreme negligence, such as when the drunk driver had an exceptionally high blood alcohol content (BAC) or had prior DUI convictions, you may also be able to pursue punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future.

Understanding Comparative Negligence in Texas

Texas follows a legal doctrine known as comparative negligence, which means that if you are partially at fault for the accident, your compensation may be reduced. For instance, if you were speeding or failed to wear a seatbelt at the time of the crash, the court may determine that you bear some responsibility for the extent of your injuries.

Filing a Wrongful Death Claim

In the most tragic cases, drunk driving accidents result in fatalities. If you have lost a loved one in a drunk driving accident in San Antonio, you may have the option to file a wrongful death claim. This type of lawsuit is intended to compensate the victim’s family for their loss and to hold the responsible party accountable.

Who Can File a Wrongful Death Claim?

In Texas, the surviving spouse, children, and parents of the deceased have the legal right to file a wrongful death claim. These individuals may seek damages for the emotional and financial impact of losing their loved one, including compensation for funeral expenses, lost income, loss of companionship, and emotional suffering. It is important to note that siblings and other relatives are not eligible to file a wrongful death claim in Texas.

Criminal vs. Civil Cases

It’s important to distinguish between criminal charges brought against the drunk driver and a civil lawsuit. A wrongful death or personal injury claim is a civil matter focused on compensating victims and their families.

Criminal charges, such as a DUI, are handled by the state and are designed to punish the offender for breaking the law. While a criminal conviction can be used as evidence in your civil case, you do not need to wait for the outcome of the criminal trial to

Seeking Legal Help: Why You Need an Attorney

Drunk driving accident cases can be legally complex and emotionally exhausting. Trying to navigate the process on your own can be overwhelming, especially while dealing with physical injuries and emotional trauma. Hiring a personal injury attorney can make all the difference.

An experienced attorney will know how to gather evidence, negotiate with insurance companies, and build a strong case on your behalf. They will also be able to handle the legal aspects of your case while you focus on your recovery. In many cases, attorneys work on a contingency fee basis, meaning they only get paid if you win your case, allowing victims to pursue justice without worrying about upfront legal fees.

Seek Legal Support

Being involved in a drunk driving accident is an overwhelming experience, but you do not have to face it alone. Whether you are seeking compensation for medical bills, lost wages, emotional trauma, or the tragic loss of a loved one, understanding your legal options is the first step toward recovery.

By working with an experienced attorney and acting quickly, you can hold the responsible party accountable and secure the compensation you need to move forward after your accident. Call Pelaez Law Firm today at 210-801-9314 to schedule a free case evaluation with our team. Don’t worry about losing and owing legal fees: with Pelaez Law Firm, you don’t pay unless we win; you don’t pay until we win.

What Are Punitive Damages in Personal Injury Cases?

If you get injured in an accident that wasn’t your fault, you have a legal right to bring a personal injury claim against the at-fault party. Generally, you can seek two type of compensation, namely economic and non-economic damages, which fall under the broad category of compensatory damages. These compensate you for the direct losses associated with the accident, for example, medical expenses and loss of work.

The Pelaez Law Firm Crash Angels add that you could also recover another category of damages, known as punitive damages, depending on the circumstances of the accident. Also known as exemplary damages, punitive damages are granted to punish the person responsible for the accident for their gross negligence. They are also awarded to warn other people not to behave similarly in the future.

Elements of Punitive Damages

Under Texas law, courts can award punitive damages if you demonstrate by clear and convincing evidence that you suffered harm due to the defendant’s gross negligence, fraud, or malice. Personal injury lawyers in San Antonio can help you prove the following depending on the circumstances of your personal injury case:

• Malice is the intentional will to commit an unlawful act to cause substantial harm. In proving your case, you must establish that the defendant was intentional about causing you significant harm and demonstrate the specific intent, for example in a cause of assault.
• Gross negligence is an act based on a reckless disregard for the safety of others and involves a high level of risk of causing significant harm to others. If your case is based on gross negligence, you must demonstrate that the defendant’s conduct posed an extreme risk that they were aware of but still committed the action, for example, drunk driving.

When Are Punitive Damages Awarded in Texas Cases?

The personal injury lawyers at Pelaez Law Firm say that exemplary damages are not always available in personal injury cases. Instead, Section 41.003 of the Texas Civil Practices and Remedies Code states the requirements that must be met before a court can grant punitive damages.

You must demonstrate through clear and convincing evidence that the harm you suffered was due to gross negligence or malice by the person that caused your injuries. Additionally, the jury must determine the defendant was responsible for your injuries and agree on a considerable amount of punitive damages to award. 

When you seek punitive damages in a personal injury claim, you don’t have to prove that the defendant intended to hurt you. However, you must show that they were aware of the risk and still went ahead and took action that led to the harm. Examples of personal injury claims in which a court can award punitive damages are:

• Car accident cases involving drunk driving
• Cases in which employers intentionally violate or ignore safety measures and expose employees to hazardous conditions, resulting in severe injury or death
• Medical malpractice cases in which the healthcare provider’s conduct entails more than mere negligence and involves intentional reckless disregard for patient safety
• Product liability is caused by a manufacturer’s deliberate distribution of a dangerous product without proper warnings. 

What Evidence Do Courts Consider When Determining Punitive Damages Amount?

The Crash Angels, Texas personal injury lawyers highlight that courts must evaluate several factors when deciding the amount of punitive damages to award:

• The nature of the wrongful act committed by the defendant
• The character and reputation of the defendant
• The defendant’s degree of culpability
• The circumstances and sensibilities of the parties involved
• The defendant’s net worth
• The severity of the wrongful act and the extent to which it offends the public’s sense of decency and justice

With the help of skilled personal injury attorneys in Texas, you can request evidence of the defendant’s net worth. Nonetheless, the defendant could ask the court to conceal this information until you can prove why you’re eligible for punitive damages. Given the complexity involved, working with a legal team that can navigate such claims is crucial.

Does Texas Law Impose a Cap on Punitive Damages?

Punitive damages are not unlimited, as Texas law limits the amount you can recover to prevent excessive awards. Generally, the cap is set at the greater of double the economic damages and the non-economic damages (up to $750,000) or $200,000. The limitation provides a balance between the need for punishment and fairness.

Obtaining punitive damages in Texas is often complex because of the strict eligibility requirements. You have a higher burden of proof when claiming punitive damages than others. While compensatory damages only require a preponderance of evidence, punitive damages require clear and convincing evidence of gross misconduct by the defendant.

Besides, you can only claim punitive damages if you recover nominal damages or if your recovery has been multiplied under another statute. Given these considerations, ensure you work with aggressive personal injury lawyers in Texas to help you fight for what you rightfully deserve.

A Skilled Personal Injury Attorney Helping You Seek Exemplary Damages in a Personal Injury Case

Winning punitive damages in a personal injury case can be challenging because you must meet a higher standard when proving why you should be awarded the damages. The jury must also consider multiple factors before settling on how much to award as punitive damages. Given the complexity, working with skilled personal injury lawyers in Texas is crucial to fighting for your rights.

If you have been injured in an accident, the Crash Angels at Pelaez Law Firm are here for you. We can strategically evaluate your case and help you determine if you’re eligible for punitive damages. Our personal injury lawyers in Texas are dedicated to helping you win. Call us at 210-801-9314 to schedule a FREE in-depth case assessment.

Advocating for You in Personal Injury Cases

Severe Injuries are life-altering events that change your life and the lives of everyone you love. It’s an adjustment for you, the injured person, and the entire family as everyone learns to care for you and what that means. Whether your injuries result from workplace negligence, defective products, medical malpractice, or a tragic accident, you need an advocate to fight for your rights. You need a law firm that is going to take your emotional distress seriously.

It can be a family’s scariest, most complex, and challenging time. Circumstances may have changed in an instant. The person who was once the primary support of the entire family may not be able to work. It can be stressful and terrifying. You need the calm and steady guidance of a knowledgeable team of legal minds to guide you through the process.

At Pelaez Law Firm, Crash Angels, our personal injury lawyers understand the stress and trauma your family is facing during this difficult transition. We will stand by your side every step, advocating firmly for you with doctors’ offices, insurance companies, claims adjustors, law enforcement, and others to ensure you get the compensation you deserve for your pain and suffering. Call us for a free case evaluation at 210-801-9314

What Types of Injuries Do Personal Injury Lawyers Handle?

Personal Injury Lawyers handle a spectrum of injuries.

• Car Accidents are injuries resulting from car crashes due to another driver’s negligence. Your personal injury lawyer will help determine who is at fault,and help you deal with the insurance companies
• Slip and Fall Accidents-injuries sustained in the workplace or on someone else’s property due to hazardous conditions. It is necessary to establish liability. To help you get fair compensation for your lost wages, they will need to examine the premises where you were injured thoroughly 
• Medical Malpractice-harm caused by healthcare professionals’ negligence and nursing home abuse. A personal injury attorney must navigate the intricacies of medical procedures and standards of care and establish causation 
• Product Liability- Injuries resulting from defective products. Establishing the party responsible for the defect and causation of the injury is one of the primary concerns of a personal injury attorney

Do These Accidents Cause Catastrophic Injuries?

A catastrophic injury is any severe injury. Any number of injuries could be considered catastrophic, but some are seen more often than most. Those are: 

• Spinal cord injuries
• Traumatic brain injuries
• Amputation of limb(s)
• Loss of vision or hearing
• Injuries causing severe scarring
• Severe burns
• Paralysis

A catastrophic injury permanently and significantly disrupts one’s life. It requires significant and extended medical care and disrupts the victim’s ability to earn a gainful living outside the home environment.

How Are Personal Injury Claims Filed?

It’s important to realize that filing a personal injury claim is a multi-step process. In most cases, it is wise to obtain help from a qualified case manager or to seek assistance from a legal team like the personal injury lawyers of Pelaez Law Firm, Crash Angels. We have the experience and wisdom to guide you through the complexities of the legal process. 

A personal injury claim follows six basic steps. Each case is unique and can always take a turn somewhere along the process. Having a trained advocate is essential to fight for your rights. The process is as follows:

• Identify Responsibility
• Send Notification of Claim
• Gather Evidence
• Make Demand for Compensation
• Negotiate Settlement Amount
• Sign the Settlement Agreement

As the Injured party, you have the right to compensation for your pain and suffering. If you or a loved one has suffered a catastrophic injury or your family has gone through the trauma of the wrongful death of a loved one, you deserve compensation for your tragic loss. The personal injury attorneys at Pelaez Law Firm, Crash Angels, are ready to fight for you. 

What Are Special Damages?

Special Damages are damages awarded to injured parties in the form of specific dollar amounts to compensate them for losses due to the injury. This includes compensation for ongoing pain and suffering or loss of enjoyment of life. These claims can become very complex and complicated and often require medical and industry professionals’ knowledge and expertise to analyze documentation and provide testimony. Pelaez Law Firm, Crash Angels, is the aggressive and knowledgeable team you require to stand by your side. Our industry experience and unwavering dedication are the winning combination you have been searching for.

What Compensation Might Be Available for My Injury?

Every case is unique, and it is impossible to guess what compensation may be awarded beforehand. As a very general rule of thumb, some types of compensation are:

• Medical bills pile up above and beyond what most insurance plans cover. You are entitled to compensation for bills, including the ongoing treatment you will require to deal with your disabilities. This includes money you would have earned if you remained employed. 
• Pain and suffering, including ongoing discomfort
• Emotional turmoil/PTSD/Depression

When Should I Contact a Personal Injury Lawyer?

No one wants to believe these types of injuries can happen to them, but the brutal truth is that we are all just one slip and fall away from disability. It only takes a few minutes for a tragedy to occur. You shouldn’t live your life in fear, but if you or a loved one has suffered an injury, Pelaez Law Firm, Crash Angels, understands the trauma you have endured, and we will be a staunch advocate for you. Call 210-801-9314 for a free consultation. Take back your life.

Bringing Compassion and Service to Personal Injury Victims in Texas

After an accident, life can feel overwhelming. If you or a loved one have suffered an injury in a car accident, at work, or due to defective equipment or someone else’s negligence, all that matters in the immediate aftermath is making the pain stop.

You may be dealing not only with the physical pain of your injuries but also emotional trauma and financial difficulties. The last thing you want to think about is negotiating with insurance adjusters, doctor’s offices, or hospital billing representatives. Knowing where to turn to get answers and help amid such a confusing and lonely time can be challenging.

The Crash Angels at Pelaez Law Firm our team of dedicated and compassionate lawyers is here to help you through this painful period. With our unique insight into the insurance industry and strong negotiating skills honed throughout our years of experience, we will work tirelessly to get you and your family the compensation you deserve for the trauma you have endured.

Personal service is at the forefront of our practice. Our clients are our priority, and we understand the pain you have endured.

Your empathetic legal team will take the time to get to know you and learn everything about your case to put you in the position to get the best possible compensation for your pain. No one should suffer alone. Call Pelaez Law Firm, Crash Angels, at 210-801-9314 for your free consultation. We can help.

Who Pays the Medical Bills After an Injury?

After you have been injured, you may wonder how to pay for the care you require. You may believe your care is completely paid for if you have medical insurance and the injury is not part of a workman’s compensation claim. Unfortunately, this is not always the case. If your injury results from a car accident and you have personal injury protection (PIP) benefits as part of your coverage, some of your expenses may be covered up to the plan limits. After your PIP benefits are exhausted, your health insurance may pick up some remaining bills. However, you will still be responsible for any deductibles, copays, coinsurance, and out-of-pocket costs that would typically apply to your health care plan.

If your injury results from another type of accident, your health insurance may pick up some or all of the expenses related to your care. Still, the regular deductibles, copays, coinsurance, and out-of-pocket costs apply again. If you don’t have insurance, you are responsible for the entire balance owed and must work out payment arrangements with your healthcare providers.

Will My Settlement Pay for My Medical Bills?

With the right attorney helping you, your settlement will include payment to cover the medical expenses you have incurred due to your injury. You must keep detailed records of all bills and statements you receive from medical providers to provide the most accurate accounting of the costs you have accrued. The Crash Angels at Pelaez Law Firm are dedicated to negotiating to get you the highest compensation possible.

What is a Medical Lien?

Healthcare providers may place a medical lien against your expected settlement from the injuries sustained in an accident. This stops any future billing until the case has been settled.

A medical lien is a legal contract between a patient and the healthcare provider that guarantees payment for their services from the settlement awarded. Many states have lien laws that protect healthcare providers since emergency medical care cannot be denied regardless of ability to pay.

Texas lien laws state, in relevant part:

“A hospital has a lien on a cause of action or claim of an individual who receives hospital services for injuries caused by an accident attributed to another person’s negligence.

An emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services in a county with a population of 800,000 or less for injuries caused by an accident attributed to another person’s negligence.”

TX Title 5 § 55.001

If you are unable to pay the agreed-upon amount, the healthcare provider has the right to sue you and may receive a judgment against you. The account may go to collections and could affect your credit score if it goes unresolved.

What is Subrogation?

You may also come across the legal term “subrogation.” Subrogation refers to someone’s (usually an insurance company’s) right to collect money from the at-fault party for expenses paid on your behalf. Insurance companies use subrogation to recoup costs associated with injury claims. Both subrogation claims and medical liens are automatically paid from settlement funds before any money is sent to you. At Pelaez Law Firm the Crash Angels have the experience and dedication to get you and your family the highest compensation for your injuries.

When Should I Call a Personal Injury Lawyer?

If someone else’s negligence has caused your injury and you need help dealing with your insurance company and other healthcare providers, call the Crash Angels at Pelaez Law Firm. We bring experience, compassion, and dedication to solving all our clients’ needs. Call 210-801-9314 for your free consultation.

Documenting and Proving Pain and Suffering

Proving pain and suffering in a personal injury case is more challenging than demonstrating economic damages and can significantly impact compensation. Unlike economic damages, which cover measurable losses like lost wages and medical bills, pain and suffering pertain to the physical and emotional distress caused by the injury. Non-economic damages can be more challenging to prove, but thorough documentation and strategic presentation can support your case.

Medical Records

Medical records are critical in substantiating claims of pain and suffering. They provide a complete account of your injuries, treatments, and the physical pain you’ve endured.

Describe the Injuries

Documentation should specify the nature and extent of your injuries, including any diagnoses, prognoses, and prescribed treatments. Indicate the severity of the injuries, such as whether they are minor, moderate, or severe.

Consistent Medical Updates

Document all follow-up visits with healthcare providers, noting any changes in your condition, additional treatments, and updates to your prognosis. Ensure that your healthcare providers maintain progress notes that detail your pain levels, mobility issues, and overall recovery process. This can help show the necessity and frequency of pain management efforts.

Specialist Reports

If you’ve consulted specialists (e.g., orthopedic surgeons and pain management experts), their reports can offer insights into your pain levels and limitations. If your injury has caused psychological or emotional distress, reports from psychologists or psychiatrists can be invaluable. They can document conditions such as PTSD, anxiety, or depression resulting from the injury.

Diagnostic Tests

Diagnostic tests offer concrete evidence of your injuries and their impact. Tests assessing your physical capabilities and limitations can illustrate how your injury affects your daily life. X-rays, CT scans, MRIs, and other imaging tests can visually demonstrate the extent of physical injuries. Blood tests and other lab results can be helpful in cases where internal injuries or infections are involved.

Personal Diary or Journal

A diary or journal can provide convincing evidence in a personal injury case by offering a detailed, day-to-day account of your pain and suffering. Unlike medical records, which provide clinical and sometimes sporadic snapshots of your condition, a diary captures the details of your experience from your perspective. This ongoing record can illustrate the impact of your injuries on your daily life, helping to humanize your case for the court or insurance adjusters. When maintaining a personal diary, focus on several key elements: consistently document your pain levels, describe how your injuries affect your ability to perform routine activities and record your emotional responses to your condition. Note specific incidents where your pain limited your participation in events, affected your work performance or prevented you from enjoying hobbies and family time.

These detailed entries communicate the physical aspects of your suffering and the emotional and psychological toll to paint a comprehensive picture of your ordeal.

Photographs and Videos

Photographs and videos offer a tangible way to convey your injuries’ physical and emotional impact, often more effectively than words alone. When documenting your injuries, take clear, detailed photographs of any visible wounds, bruises, scars, or swelling as soon after the incident as possible and continue to do so throughout your recovery. This timeline of images can show the progression and severity of your injuries and any complications or setbacks. Videos can be compelling in demonstrating how your injuries affect your daily life. Record yourself attempting everyday tasks that have become challenging or impossible due to your injuries, such as dressing, walking, or lifting objects. These videos can highlight your physical limitations and the frustration and emotional distress accompanying them. Photographs and videos can substantiate your claims by providing a vivid, authentic portrayal of your condition.

Witness Testimonies

Witness testimonies provide an external, often unbiased perspective on the impact of your injuries, adding credibility to your account. Family members and friends who interact with you regularly can offer detailed observations on how your injuries have altered your daily routines, affected your mood, and limited your ability to engage in activities you once enjoyed.

Coworkers and employers can testify about changes in your work performance, attendance, and overall demeanor at the workplace. These testimonies collectively paint a comprehensive picture of your suffering, highlighting both the physical pain and emotional distress you endure. By corroborating your documentation and personal diary entries, witness testimonies strengthen your case, making it more compelling and persuasive to the court or insurance adjusters.

Expert Testimonies

Expert testimonies are invaluable in a personal injury case, providing professional, objective insights into the nature and extent of your pain and suffering. Medical experts, such as doctors or specialists who have treated you, can explain in detail the medical implications of your injuries, offering authoritative opinions on your pain levels, treatment requirements, and the likely long-term impact on your health and quality of life. Pain management specialists can attest to the severity and persistence of your pain, discussing the effectiveness and necessity of various pain relief methods. Additionally, mental health professionals can evaluate the emotional and psychological toll of your injuries, including issues like anxiety, depression, or PTSD that may result from your injury. These experts can present their findings in clear, clinical terms that resonate with judges and juries, translating your personal experiences into quantifiable evidence.

Get the Compensation You Deserve for Your Injury

The Crash Angels of Pelaez Law Firm are dedicated to helping you get the compensation you deserve. Your pain and suffering are real, and they deserve to be acknowledged. Let us focus on the legal battles while you concentrate on your recovery. Contact Pelaez Law Firm, Crash Angels, today at 210-801-9314 for a free consultation and take the first step towards reclaiming your life.

When an injured person arrives in the emergency room, the hospital will treat them until they are stable. No one can be turned away from an ER for lack of funds—the law guarantees that for any hospital that accepts federal funding. But hospitals and other healthcare providers know that after a significant injury, medical bills will add up quickly and won’t be paid soon.

In the case of an accident, the injured person’s health insurance company may refuse to pay the hospital bill on the grounds that another party or insurance company (i.e. the other driver’s car insurance) ought to be paying the medical bills. That’s if the injured person even has medical insurance that they believed would cover their situation. Once the injured person is stable and healthcare providers no longer have a legal requirement to treat them, they may refuse to continue to provide any medical care without a guarantee of payment.

This is where a letter of protection (sometimes called a LOP) can help them. A personal injury attorney working on the injured person’s claim can write a letter to the healthcare provider explaining the situation and promising that the provider will be paid out of the settlement.

A typical letter of protection would begin with language like: Our office represents Jane Doe, who was injured in an incident on [date], in regard to her claim for damages resulting from this incident. We request that you agree to satisfy your fees for services rendered out of any proceeds paid in relation to this claim…

The provider may then agree to defer the billing until a settlement or award is paid. In a sense, the injured person is being treated “on credit” until then. They submit their bills to the attorney’s office so that the attorney can create a record of expenses for the damages claim.

Benefits and Disadvantages of the Letter of Protection

An LOP has immediate benefits for an injured person, especially one who has poor health insurance or none at all. Healthcare providers who accept the LOP will delay billing and collection efforts. This allows the patient to undergo treatment without immediate financial pressure, harassment from debt collectors, or concern for their credit rating.

The LOP also has certain advantages for healthcare providers. The probability of an insurance settlement is a far better offer than they can otherwise expect from most individuals, especially those who are uninsured or underinsured.

This leads to one disadvantage of an LOP—insurance company disputes over the size of the medical bills. Health insurance companies generally have negotiated agreements to pay providers only part of the full listed price for a medical service. Because providers often don’t get paid full price for their services from insurance companies, they have an incentive to seek “deep pockets” and charge full price to patients that are expecting a settlement or jury award. Settlement negotiations and payouts can be slowed down as the insurance company disputes what was “reasonable and necessary” in the treatment and whether it was billed at the same rate as other treatments.

Another disadvantage is that the LOP relies on the settlement itself. If the injured person does not receive a settlement or receives only a small settlement offer from the insurance company, the injured person is still personally liable for the medical expenses.  It’s the job of insurance companies to make sure that payouts are as small as possible or even to avoid paying out, and so this risk is real.  

Under Texas law, a plaintiff in a personal injury case is only entitled to all of their damages if they were not at fault in the incident. If a court finds that they were a percentage at fault, their damage claim will be reduced by that percentage. And if they were more than 50% at fault, they cannot recover anything.

Since insurance companies handle most personal injury claims, the initial fault determinations are made by insurance adjusters, using the evidence from the site and claim reports. The report may place undue fault on the party making a claim in order to save the company money. An initial settlement offer is often far too low to cover the claimant’s needs, and if the claimant accepts it, they will remain on the hook for past and future medical bills.

An experienced personal injury attorney can defend a claimant’s rights and work to prevent this situation from happening. They can push back on the insurance report and negotiate a better settlement—and if necessary, they can take it to court. An attorney can also help negotiate with providers to reduce medical bills in the settlement.

How We Can Help

Outcomes can differ depending on the type of injury, the type of insurance companies involved, the amount of insurance coverage the party at fault maintains, and the context of the incident. The Crash Angels at Pelaez Law Firm handle personal injury cases every day, and we understand the needs of clients in differing situations, such as:

•         Auto accidents
•         Truck Accidents
•         Defective drug injuries
•         Birth injuries
•         Dog attacks
•         Slip and fall injuries

If you think you may have a case in Texas, call us today at 210-801-9314 to schedule your free consultation in our San Antonio offices. 

According to Forbes magazine, 6,000 Americans were injured and 23 died from defective products in 2021. If you have an injury you believe or think may have been caused by a faulty product, Texas law may offer options to recover for your injuries and lost wages. However, it is crucial to speak to Texas product liability attorneys about any claim you may have. They are familiar with the possibilities and roadblocks in the law, and they can help you defend your rights.

Preserving Your Evidence

After an injury involving a product, you will need to gather evidence and information, just as you would after a car accident.

Take photos of the injury, the accident site and damaged property (if any), and the product as it appears immediately afterward.

Get a medical exam as soon as possible. Even if you do not think you were seriously hurt, some accidents—especially falls and blows to the head—can produce serious or even deadly effects with delayed onsets. In any case, it is vital for a medical professional to document your physical condition.

Keep the product or its remains as safely as possible. Be sure to retain any receipts, invoices, or other documentation about the product’s purchase, as well as any packaging or included leaflets. Any documents or communications you received from the seller may also be of interest to an attorney.

Product Liability in Texas

A product liability attorney will want to speak to you about the circumstances of the injury and the product’s use. Once they understand why and how the product caused the injury, they can determine what legal grounds you have for a claim, if any.

A claimant can sue the manufacturer and—under some circumstances—the seller of the product. In Texas, a seller can only be liable if they got involved with the product in specific ways, including installation, modification, or a harmful misrepresentation about its use. See Tex. Civ. Prac. & Rem. Code § 82.003.

Plaintiffs sue for product-related injuries on one or more of these grounds:

• Negligence—the defendant was negligent in their duty of care while manufacturing or selling the product, and that negligence caused injury.
• Strict liability—under Texas state law, the defendant is responsible for the product’s failure even if they were not negligent.
• Breach of express or implied warranty—the defendant asserted the product was fit for a certain use, and it was not.
• Misrepresentation.

In product liability cases, claimants allege that the products failed in one of three ways.

• Manufacturing defects—the products failed because they were poorly fabricated
• Design defects—the products failed due to a design that could not have worked as it was supposed to
• Packaging defects—the products did not carry a warning for users about the risks of foreseeable use

Texas law offers manufacturers defenses to these claims. If a consumer product was “inherently unsafe” in some way—such as alcohol, tobacco, or oysters—consumers cannot sue for foreseeable mishaps from its use unless they allege some kind of manufacturing defect or breach of warranty. See § 82.004. Moreover, a claimant cannot sue for a design defect unless they can show that the manufacturer could feasibly have used a safer alternative design that would have prevented their injury. (This does not apply to drugs or medical devices.) See § 82.005.

A claimant has up to 15 years after the date of sale to bring a product liability case, unless the product’s warranty provided a longer period. See § 16.012. If a claimant only became sick from the product’s use after the 15 years passed, they may also be able to sue. However, speaking to an attorney as soon as possible is essential.

The Recovery Process

Someone who has suffered a product-related injury may be entitled to recover:

• Medical expenses
• Property losses
• Lost wages or income
• Expenses due to short- or long-term disability

Despite jokes about plaintiffs’ lawyers, no one really wants to go to trial. Most claimants prefer to settle with the parties that caused their injuries so that they can receive the resources they need. After reviewing the evidence and the law, a personal injury attorney will notify the responsible parties of their claim and the possibility of a lawsuit. Once a manufacturer or seller recognizes their liability, they may decide to settle quickly as well. Unfortunately, it may be necessary to file a lawsuit. That pressure itself may lead companies to settle before trial.

After a widely marketed product fails, there may be many claimants statewide or nationwide. When this happens, the multi-district litigation (MDL) process can be used to consolidate court proceedings. Individual lawsuits join together in an MDL to expedite the fact-finding process, share deadlines, and—hopefully—participate in a settlement that will make it unnecessary to go to court. Class action lawsuits involve a class of plaintiffs—which may be anyone who bought a product—but unlike an MDL, there is only one lawsuit in a class action.

Moving Forward with Your Claim

The Crash Angels at the Pelaez Law Firm offer strong, compassionate representation for injured parties. If you believe you may have been injured by a defective product, drug, or medical device in Texas, contact us today at 210-801-9314 to schedule your free consultation in San Antonio.

According to the National Floor Safety Institute, falls are among the leading causes of emergency room visits in the US. Since falls are so hazardous and cause serious injuries, claims and lawsuits arising from slipping and falling are common. A slip-and-fall case is a type of premises liability claim—that is, a personal injury claim arising because of an injury on someone else’s property.

However, when the property is owned, rented, or controlled by a government (or quasi-government) body, claiming damages can become more complicated. Under the doctrine of sovereign immunity, people have no right to sue the government unless the government specifically allows them to do so. Today, the state and federal governments both allow personal injury claims. But they limit their own liability, and unless the claims are filed following a very specific process, a person could lose their right to sue.

It may not always be obvious if you are on property under government management or control. Government properties can include:

• Hospitals
• Courthouses
• Agency offices
• City and town halls
• Parks and recreation areas
• Affordable Housing apartments

If you think your injury took place on government property, it’s vital to act fast and consult a Texas personal injury attorney with knowledge and experience in this type of cases. You will have a much shorter window of time to file a suit, and your claims process will be very different. The next steps will depend on whether the property belongs to the local, state, or federal government.

Claims Against State and Local Government in Texas

How State Liability Works

The Texas Tort Claims Act (TTCA) provides that individuals can sue a governmental unit for “personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.” See Tex. Civ. Prac. & Rem. Code § 101.021. This provision allows the state government to be sued for premises liability claims, including slip-and-fall cases.

Nonetheless, the government has the power to limit its liability, so it has set the terms for how someone can claim damages for an injury on its premises. “[If] a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.” See § 101.022.

What does this mean? A “premise defect” is something wrong with the property—a hazard on the land or building itself. A “licensee” is someone who has been allowed to enter onto property without any expectation of commercial benefit for the property owner, such as a guest.

A property holder has a certain duty of care to a licensee. If—

• There is a dangerous condition on the property, posing an unreasonable risk of harm
• The property holder has actual knowledge of the condition
• The licensee does not have any knowledge of the condition

—they must warn licensees or make the condition safe. When they do not do so, and a licensee sustains injuries from the dangerous condition, they may be liable. But this is often not easy to prove. Moreover, there are laws that insulate the government from liability for injuries arising from recreational uses and other special circumstances.

Texas law also limits the maximum damages available in a personal injury case against a government body, depending on which type of governmental unit was liable. The state of Texas or a Texas municipality may be liable for up to $250,000 for each person and $500,000 “for each single occurrence for bodily injury or death.” A unit of local government has lower damage caps—$100,000 and $300,000, respectively. See § 101.023.

How Claims Work

In order to preserve the right to file a lawsuit against the state of Texas, a claimant must file a notice of claim within six months of the incident leading to the injury. This is much shorter than the statute of limitations would be between private parties, which is two years. A city, county, or town may pass ordinances requiring an even shorter time limit. The City of San Antonio requires notice within 90 days. This gives the city, town, or state a chance to settle the claim.

Claims Against the Federal Government

An injury in a federal courthouse or on federal land may involve a claim against the US government. The Federal Tort Claims Act (FTCA) sets the requirements for filing a claim against a federal governmental unit.

This requires filing a claim within two years against the agency or government body in control of the property where the injury occurred. If the government denies the claim or does not respond to it within six months, then the claimant can only file suit within the next six months. The federal government does not have specific limits on the damages it can be liable for, but it is not possible to seek punitive damages against it.

Again, there are limitations on the government’s liability for specific uses of their property, including recreational uses. An experienced personal injury attorney will be able to determine whether an injury gives rise to a claim.

Seeking Help for Your Injury

The Crash Angels at the Pelaez Law Firm deliver have the knowledge and experience to handle slip-and-fall cases and other personal injuries in Texas. Call our San Antonio offices today at 210-801-9314 to schedule a free initial consultation about your case.