Pelaez Law Firm, Crash Angels

Compensation for Whiplash Injuries

If you’ve suffered a whiplash injury in San Antonio, you may be wondering how compensation is determined. Whiplash might not be as visible as a broken bone, but its effects can be just as painful and disruptive to daily life. Understanding how compensation is determined can help you navigate the legal process with confidence.

Understanding Whiplash Injuries

Whiplash follows when the neck is suddenly jerked back and forth, commonly from car accidents, falls, or sports injuries. The rapid motion strains the neck muscles, ligaments, and tendons, leading to symptoms like stiffness, headaches, dizziness, and even cognitive issues. While some cases resolve in weeks, others lead to chronic pain that requires long-term care.

Factors That Affect Compensation for Whiplash Injuries

Several factors come into play when determining how much compensation you may receive for a whiplash injury in San Antonio. Insurance companies and courts assess various elements to calculate a fair settlement or award.

Severity of the Injury

The extent of your whiplash injury plays a significant role in your compensation amount. Minor whiplash cases with mild pain and a quick recovery typically receive lower settlements. However, if your injury leads to prolonged pain or mobility issues or impacts your ability to work, you may be entitled to a higher amount.

Medical Expenses

Medical costs are a key factor in any injury claim. Your compensation should cover expenses such as emergency room visits, doctor consultations, physical therapy, chiropractic treatments, prescription medications, diagnostic tests like MRIs or X-rays, and future medical care if ongoing treatment is necessary. Keep all records of your medical visits and expenses, as they will serve as evidence in your claim.

Lost Wages and Loss of Earning Capacity

If your whiplash injury has forced you to take time off work, you can claim lost wages. This includes your regular salary, lost bonuses, commissions, and other employment benefits. If your injury affects your ability to work in the future, you may also be eligible for compensation for diminished earning capacity.

Pain and Suffering

Pain and suffering compensation considers the physical discomfort and emotional distress caused by your injury. Since whiplash can lead to chronic pain, depression, anxiety, and a lower quality of life, these non-economic damages can significantly impact your settlement. Courts and insurance companies determine pain and suffering damages by multiplying your medical expenses by a certain number based on severity.

Impact on Daily Life

A whiplash injury can reduce your ability to perform everyday tasks, from household chores to recreational activities. If your injury disrupts your daily life, it can contribute to a higher compensation amount. For example, if you were an active runner before your injury but can no longer participate in races, this lifestyle change could increase your settlement.

Comparative Negligence

Texas follows a modified comparative negligence system, which means that if you are partially responsible for the accident that caused your whiplash, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 30% at fault in a car accident, your compensation would be reduced by 30%. If you are found to be more than 50% responsible, you may not be eligible for compensation.

Insurance Policy Limits

The at-fault party’s insurance coverage can also affect how much compensation you receive. If their policy has low limits, you might not be able to recover the full amount you’re entitled to unless you pursue additional legal action against that party personally.

Strengthening Your Whiplash Injury Claim

Presenting a strong claim backed by solid evidence is crucial to maximize your compensation. There are steps you can take to strengthen your case.

Seek Medical Attention Immediately

Even if your symptoms seem mild initially, visit a doctor immediately. A delay in treatment could cause insurance companies to question the severity of your injury. Additionally, with crashes, the adrenaline in your body can mask the actual injury and you may not feel the effects of the impact until a few days later.

Follow Your Treatment Plan

Stick to your prescribed treatments, attend all medical appointments, and document your progress. Gaps in treatment could weaken your claim.

Keep Detailed Records

Maintain copies of medical bills, doctor’s notes, accident reports, witness statements, and any correspondence with insurance companies.

Document Your Pain and Limitations

Keeping a journal that details your daily pain levels, mobility struggles, and emotional distress can provide compelling evidence of your suffering.

Consult a Personal Injury Lawyer

Navigating a whiplash injury claim can be challenging, especially if an insurance company tries to downplay your injuries. A skilled personal injury lawyer can negotiate and ensure you receive fair compensation.

The Role of a Personal Injury Attorney in San Antonio

While some minor whiplash cases can be settled directly with an insurance company, hiring an attorney can improve your chances of getting a higher settlement, especially if your injuries are severe or liability is disputed. An experienced lawyer will gather and present strong evidence to support your claim, negotiate with insurance adjusters who may try to lowball your settlement, represent you in court if a fair settlement cannot be reached, and ensure all legal deadlines are met so your claim remains valid.

Injured in a Whiplash Accident? Get the Compensation You Deserve!

If you’ve been in an accident and are dealing with the pain and frustration of whiplash, you deserve compensation for your injuries. The Crash Angels at Pelaez Law Firm fight to get you the maximum settlement for your medical bills, lost wages, and pain and suffering. Don’t let the insurance companies downplay your injuries. Let us handle the legal fight while you focus on recovery. Call 210-801-9314 today for a free consultation.

Any wise motorcyclist knows that the freedom of the open road comes with a tradeoff in increased risk. Motorcyclists are more likely to be killed or injured in accidents than auto drivers or passengers. Additionally, Texas has seen more serious motorcycle accidents in the past two years. A total of 599 motorcyclists were killed on Texas roads in 2023, up from 562 in 2022.

If you are in a motorcycle accident that was not your fault, you have the right to recover your medical bills, property losses, and lost income. But in order to get the money you deserve, you need evidence to prove your damages—and to prove that you were not responsible for the crash.

Motorcycle Collision Law and Insurance in Texas

After a motorcycle accident in Texas, the law of contributory negligence applies to your possible recovery. What that means is that you can recover some of your damages if you were partly at fault. Still, any amount you recover will be reduced by the percentage of responsibility you bear for the accident. And if you were more than 50 percent at fault, you can’t recover at all. This is also known as “modified comparative negligence.” See Tex. Civ. Prac. & Rem. § 33.001.

Who determines the percentage amount of fault? By law, a jury or a court makes that decision based on the facts of the case. But in practice, not many traffic accident cases make it to trial; nobody wants them to. Insurance settlements are faster and less expensive for everyone concerned. 

Insurance adjusters and investigators review records and photos from the accident scene and create a report stating a percentage of fault between the parties involved. Naturally, the companies want to pay out as little as possible. They have every motive to push fault away from their covered drivers and minimize their own liability. Some companies use algorithms or even AI to come up with their results!

An insurance report on the percentage of fault does not have the force of law. Companies simply rely on the parties’ need to recover whatever they can and get on with their lives. When you have an experienced motorcycle accident attorney, your attorney can review key evidence to determine who was truly at fault. 

The Accident Evidence You Need

If you can safely get up and move around after a motorcycle collision, you have a legal duty to see if anyone else involved needs help. Then all the parties need to exchange relevant information:

• Name and address
• Registration number for the motorcycle and/or auto
• Insurance information
• Driver’s license

See Tex. Transp. Code § 550.023. 

Next, if at all possible, you should gather crucial evidence. Take notes of: 

• the time of day
• the exact location 
• the weather and lighting conditions
• any words exchanged around the accident (especially statements by others involved)

You will also want:

• Photos and videos of the accident site and the vehicles involved.
• Photos of nearby buildings or traffic fixtures. There may have been surveillance cameras recording the event or eyewitnesses indoors. The street numbers can also confirm the site location.
• Eyewitness details. If any passersby witnessed the collision, ask them for their contact information so that they can describe it later.

Afterwards, you will need documentation of the collision and its aftermath, particularly:

• The collision report. You have to call law enforcement when you have been in a collision that caused injuries or made it impossible to drive a vehicle. See § 550.026. The responding officer should file a collision report with the Texas Department of Transportation within 10 days of the incident. See § 550.062. You will need a copy of the filed report. If an officer does not make this report, you must do so. A city or town may also require a collision report of its own.
• Medical records. Even if you do not feel like you need medical attention after the crash, it is vital to get an examination. Traumatic injuries can hide behind an adrenaline rush, and other major medical problems may develop over hours, days, or even weeks. Timely clinical records are key to getting insurance coverage for injuries like this.
• Medical expenses. You will need to pay for prescription and non-prescription drugs, as well as home health expenses such as canes, braces, or wheelchairs. Retain these receipts.
• Records of property damage. This should include damage to your motorbike and any other items you carried, such as gear, clothing, electronics, and other personal baggage.
• Lost income or wages due to the collision. If you work for wages or a salary, collect pay stubs and documentation of paid or unpaid time off. Self-employed people should gather documentation of contracts they could not perform, opportunities they lost, and tax returns showing typical income. 
• Personal accounts. Keep a journal of the pain and struggles you face after the collision. This will help you establish non-economic damages for your physical and psychological suffering. Friends, family, or colleagues may also be able to provide evidence of your difficulties.

Moving Forward

Motorcycle accidents can take a heavier toll on riders than on auto drivers. Don’t risk losing the compensation you deserve. Get the help of a Texas motorcycle accident attorney to review your records, manage your documents, and defend your rights from insurance companies. Our San Antonio team is waiting to hear from you. Call the Crash Angels at 210-801-9314 today to schedule your free initial case review.

Does Texas and San Antonio Have Severe Laws to Penalize Distracted Drivers?

For a long time, distracted driving laws across Texas and San Antonio have focused on the consequences of cell phone use while driving. This fact emphasizes specific circumstances, such as school zones, drivers under 18, and even drivers of some special types of commercial vehicles. 

In January 2015, the state of Texas legally banned the use of cell phones while driving. The city of San Antonio followed suit and was a significant case of local government attempting to find a balance between Texas’s legislation and this growing and devastating issue. That said, San Antonio’s distracted driving laws are harsh and rival those of larger, more dense cities like Houston, Dallas, etc.

San Antonio’s distracted driving law, aka the ‘Hands-Free Ordinance,’ was signed into law in 2014 and legally forbids using hand-held phones to call, text, or otherwise engage while driving. If an officer stops you from using a cell phone while driving, you can be harshly fined, ticketed, or (depending on the circumstances) face far worse penalties.

It’s been well-known for decades that the number one method of preventing car collisions involves “defensive driving.” This concept involves perpetual vigilance and awareness on the part of the vehicle operator. Any distracted driving negates this proven and time-tested method of preventing accidents. It often leads to the distracted driver causing severe and debilitating injuries to others.

When used by a professional distracted driver lawyer, San Antonio’s and Texas’s enacted laws provide a comprehensive and effective legal means to obtain the compensation you need for medical bills, recovery costs, lost wages, and more.

Does San Antonio Have Harsh Penalties for Distracted Drivers Who Cause Accidents?

Initially, distracted driving was primarily aimed at using a cell phone while driving, but now it also includes much more, such as texting, eating, putting on makeup, using a GPS, etc. If you cause an accident while doing any of these things (and more), you can face severe fines, license suspension, and even criminal charges. Additionally, many of these penalties can have a dire impact on your career since, in many cases, your driving record affects your employment, insurance rates, and more.

Distracted driving is the cause of many accidents in Texas, especially those involving commercial vehicles. If you’re a commercial driver in Texas, a distracted driving accident will severely and negatively affect your career.

You should also know that the company employing the distracted driver can also face legal consequences in these cases. This is especially true if the company employee is required to use their phones or other devices while driving.

To avoid these potentially dire legal consequences and settlements, drivers and companies in Texas should always prioritize safety. Many companies reduce accidents by implementing strict policies against anything that may cause distracted driving. Most companies have rules that promote a safety culture and ensure compliance with Texas distracted driving laws.

However, if you’ve been injured in an accident with a commercial vehicle caused by distracted driving your personal injury case can be challenging.  A distracted driving lawyer’s professional, passionate, and knowledgeable guidance is necessary to maximize the compensation available to you.

What Actions While Driving Could Be Considered “Distracted” Driving?

Distracted driving and the accidents they cause are expected to continue rising. Current statistics show us that distracted driving has now surpassed underage drinking as the number one cause of yearly teen accident deaths in the U.S.

The victims of distracted driving in San Antonio often suffer long-term debilitating injuries, devastating financial issues, and, in far too many cases, death.

Although cell phone usage while driving is a major contributor to distracted driving accidents, many other things that cause distractions contribute to driver negligence and severe injury to various degrees. Some of the most common of these are:

• Handling a cell phone while driving.
• Preoccupation with changing the radio station.
• Reaching down or around the vehicle for an item.
• Smoking, vaping, or eating while driving.
• Application of makeup, hairdos, etc.
• Interaction with the dashboard or tech in the car.
• Other passengers that cause disturbances or distract the driver, and more.

The sad truth is that too many items distract us from what we should focus on in our modern, high-tech lives. This is especially true while driving. Taking our eyes off the road for mere seconds can be catastrophic at our travel speeds.

However, Texas and San Antonio laws are in place to help you get the compensation you need if a negligent, distracted driver crashes in to you. These laws are designed to help you recover both physically and financially. Still, for your case to succeed and to get the maximum compensation you deserve requires that you have knowledgeable, professional, aggressive, passionate, and highly personal attorneys, like the Crash Angels of Pelaez Law Firm, helping you at every step.

How Can a Skilled San Antonio Lawyer Help If A Distracted Driver Injures you?

Texas and San Antonio’s distracted driving laws were written to lessen and prevent the growing number of distracted driving car accidents. If another driver violates safety laws and causes severe harm, they can be held “negligent per se.”

Legally, this means the very fact of their illegal violation proves they were negligent, and you, as the victim, may not need to produce additional evidence demonstrating the distracted driver was at fault.

Your knowledgeable, passionate, and dedicated personal injury lawyer will use this fact to establish the distracted driver’s negligence in causing that accident to harm you or a loved one.

However, let’s say the other driver wasn’t cited for violating the distracted driving laws. A good legal team will investigate the situation and work to produce evidence of distracted driving. Then, they will present their findings to establish fault in settlement talks with the driver’s insurance company, or the jury if the case goes to trial. 

In addition to proving fault, your personal injury lawyer will always fight to maximize the damages owed to you by demonstrating how the distracted driver’s negligence and the injury caused impacted your life.

Some of the damages pertaining to a distracted driving car accident in San Antonio could include the following:

• Your current and future medical expenses.
• Any lost income or loss of current and future earning capacity.
• Pain and suffering that you, or your family, have endured and may for a long time.
• Mental anguish due to physical impairment, pain, loss of relationships, etc.
• Loss of enjoyment in your ongoing life.
• Punitive or exemplary damages, and much more.

I’ve Been Injured By a Distracted Driver; How Should I Proceed?

Usually, car accident cases are legally complex; distracted driver cases are even more so. Additionally, the drivers and insurance companies will always try to minimize their liability for damages. This is why having the right  highly knowledgeable, effective, and compassionate personal injury lawyer fighting by your side is really important.

The Crash Angels at Pelaez Law Firm have a long and winning history of fighting for car accident victims’ rights and the full compensation they deserve.

Call the Crash Angels today at 210-801-9314 for a free review and evaluation of your case. The Crash Angels will fight for you to maximize the compensation you and your family deserve, while you recuperate.

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 types 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 adds 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 who 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.

Claims Where Punitive Damages May Be Awarded

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

Skilled Legal Representation

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.

Nominal Damages

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.

How Our Personal Injury Attorneys Can Help

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.

Book a Free Consultation

Punitive damages can play a crucial role in holding negligent or reckless parties accountable in Texas personal injury cases. While these damages are not awarded in every case, they may be available if the responsible party’s actions caused substantial injury due to gross negligence or intentional misconduct. Pursuing these damages requires strong evidence and a clear legal strategy to demonstrate the need for additional compensation beyond standard losses.

If you believe your case warrants punitive damages, taking the right legal steps early can make a difference in your ability to collect punitive damages. Our compassionate San Antonio attorneys are ready to evaluate your situation and help you understand your options. Every personal injury case is unique, and we are committed to pursuing the compensation you deserve.

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. Contact us for a free case evaluation at 210-801-9314

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 Special Damages Might Be Available in a Texas Personal Injury Case?

In Texas, victims of personal injury cases may seek compensation for special damages, which cover measurable financial losses caused by the accident. These damages help injured individuals recover financially by addressing the direct costs of their injuries. Some common types of special damages in Texas include:

• Medical Expenses – Compensation may cover hospital bills, surgeries, prescription medications, rehabilitation, and future medical treatments related to the injury.
• Lost Wages – If the injury prevents you from working, you can seek reimbursement for lost income, including wages from missed workdays and potential future earnings if your ability to work is permanently affected.
• Property Damage – If your vehicle or other personal property was damaged in the accident, compensation may include repair or replacement costs.
• Out-of-Pocket Expenses – Any additional costs incurred due to the injury, such as transportation to medical appointments or necessary home modifications, may also be covered.

Beyond financial losses, a personal injury case may also include compensation for emotional distress, pain, and suffering. Because every case is different, working with a knowledgeable attorney can help ensure you pursue the full damages available under Texas law.

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.

Filing a Personal Injury Claim to Pursue Special Damages in TX

Pursuing special damages in a personal injury case requires careful attention to detail and a structured legal approach. Special damages, also known as economic damages, compensate for measurable financial losses such as medical expenses, lost wages, and other out-of-pocket costs resulting from the injury. Filing a claim involves several key steps:

Steps to File a Personal Injury Claim for Special Damages

1. Determine Liability – Identify the at-fault party responsible for the accident. This may involve reviewing police reports, witness statements, and other evidence.
2. Send a Notification of Claim – Inform the responsible party and their insurance company of your intent to seek compensation.
3. Gather Documentation – Collect medical bills, pay stubs, repair invoices, and other proof of financial losses. This strengthens your claim for personal injury damages.
4. Calculate and Demand Compensation – Assess the full extent of medical expenses, lost wages, and other financial losses before submitting a demand letter.
5. Negotiate a Settlement – Work with the insurance company to reach a fair agreement covering all special damages.
6. Finalize the Settlement or Proceed to Court – If a fair offer is reached, the agreement is signed. If not, the case may proceed to litigation.

Navigating a personal injury case alone can be overwhelming. A strong legal advocate can help ensure you receive the full compensation you deserve under Texas law.

Wrongful Death Claims

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. 

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.