Pelaez Law Firm, Crash Angels

We call Uber or Lyft to avoid accidents—to navigate to places we don’t know, to drive for us when we can’t. But what happens when a rideshare ends in an accident anyway?

In Texas, the law requires rideshare companies to maintain insurance coverage of up to $1 million for rideshare drivers at work. This covers passengers using their service. It may also cover the occupants of other vehicles in an accident, but this depends on the circumstances.

Texas Law on Rideshare Liability

Texas law defines businesses like Uber and Lyft as transportation network companies, or TNCs. State law requires TNC drivers to carry different levels of insurance depending on what phase of work they are in. The companies typically provide this insurance while the driver is on the job.

When a rideshare driver is logged in and accepting rides but not actively conducting a ride, they must carry insurance with the following liability policy limits:

• “$50,000 for bodily injury to or death for each person in an incident
• “$100,000 for bodily injury to or death of a person per incident; and
• “$25,000 for damage to or destruction of property of others in an incident.”

See Tex. Ins. Code § 1954.052. Drivers may also carry personal injury protection (PIP) or medical payments (MedPay) coverage, which allow compensation without first determining fault.

When conducting a prearranged ride, rideshare drivers must carry “coverage with a total aggregate limit of liability of $1 million.” See § 1954.053.

If the driver is not logged in and they are only operating their car for personal reasons, their personal auto insurance applies. Texas law requires every driver to carry a minimum of “30/60/25”:

• “$30,000 for bodily injury to or death of one person in one collision;
• “$60,000 for bodily injury to or death of two or more persons in one collision …
• “$25,000 for damage to or destruction of property of others in one collision.”

See § 601.072.

When You Encounter a Rideshare Accident

As the Driver of Another Car

Any auto accident in Texas comes with specific responsibilities for drivers. A driver needs to stop the car—after pulling out of the flow of traffic, if possible—stay there and call 911. The law requires an immediate report for any collision involving injury, death, or enough vehicle damage to make driving impossible. See Tex. Transp. Code § 550.026.

The driver must also provide their name, address, registration number, and insurance information to the other vehicle’s occupants. See § 550.023.

When necessary, they must also help anyone injured in the other vehicle, providing “reasonable assistance” and getting transportation to medical treatment if requested. Requesting medical aid from 911 is wise in any case, as many common auto accident injuries do not cause immediate pain or symptoms. Even serious injuries such as TBIs can fly under the radar for a while. Whatever you may feel, get a medical exam as soon as possible after the accident.

The Texas Department of Insurance offers further tips for managing the aftermath of an accident:

• Preserve evidence—take pictures of the accident site and the vehicles involved, if possible.
• Write down important details, such as the exact time and the weather information.
• Talk to any witnesses available and get their contact information.
• Keep any medical bills or documents you receive after your initial exam.

Your own auto insurance company will typically require an accident report within a day or so—check your policy.

Whether the rideshare driver’s corporate policy applies and what limits it carries will depend on how they were using the car. Were they carrying a passenger? Were they accepting rides but not on one? Or were they on personal business? Coverage depends on the answer to this question.

Rideshare companies request that you report accidents to them, but be careful what you say. They will be looking for ways to claim that you did not really suffer the injuries or other damages you have reported and will be looking for inconsistent statements you may make. It is best to speak to a personal injury attorney before you make any statements to a rideshare company or an insurance adjuster from another company.

As a Passenger

When riding in an Uber or Lyft, you should be covered by the company’s $1 million policy. This is a sizeable coverage limit if only one or two people are injured. Still, medical costs can skyrocket when many injuries are involved, and $1 million may be exhausted more quickly than it would seem. If you have auto insurance of your own with PIP or MedPay coverage, you may have limited coverage even as a passenger in someone else’s car.

After an accident in a rideshare vehicle, a passenger—if able to—should take many of the same steps a driver should. The passenger in a rideshare will need to seek medical aid, get information from other parties, take pictures and make sure the police show up to take a report.

Again, rideshare companies will want to speak to you, but it is best to consult an attorney like the Crash Angels of Pelaez Law Firm first. The insurance policy may be large, but the “deep pockets” of the company also pay for adjusters and defense counsel who will attempt to deny or minimize your claim as much as possible.

How We Can Help

The Crash Angels of the Pelaez Law Firm are experienced personal injury attorneys who handle Texas car accidents. If you have been in a rideshare accident in the San Antonio area, call us today at 210-801-9314 to schedule your free case review.

I am thrilled to share some exciting news with you! Recently, I had the incredible opportunity to be featured on “The Art of Improvement” podcast, hosted by the talented Karen Clauss of iHeartMedia. It was an engaging and insightful conversation where Karen delved into various aspects of my journey, my firms, and the collaborative efforts with my amazing partner in law, Juanita Pelaez.

During the interview, Karen Clauss asked thought-provoking questions that allowed me to share insights into my background, the vision behind my firms, and the integral role my partner plays in our success story. We discussed a range of topics, from personal experiences to professional milestones, offering a glimpse into the essence of our work and the passion that drives us forward.

I invite you to join me in this enriching conversation by tuning in to “The Art of Improvement” podcast. Whether you’re an entrepreneur, business enthusiast, or simply someone seeking inspiration, this episode provides valuable insights and lessons learned on the journey to improvement and success.

I want to extend my gratitude to Karen Clauss for being an exceptional host and creating a platform where we can share stories of growth, resilience, and achievement. It’s a privilege to be part of “The Art of Improvement” podcast, and I hope you find our discussion as inspiring as I did.

Feel free to share your thoughts after listening, and don’t hesitate to reach out if you have any questions or reflections to share. Thank you for being a part of my network and for your continuous support!

Listen here:

What Should Patients in Texas Know about Pursuing Defective Drug Claims?

We can’t test our own pharmaceuticals; we have to rely on doctors, manufacturers, and regulations. In most cases, the testing and regulatory process produces safe medications or allows us to judge their risks. But some companies cover up drug risks. Other dangers are not discovered until a drug has been in use for years. When patients discover that they have been using a medication or medical device that makes them sick, they need options for recovery and for justice.

In recent years, Texas state and federal courts have seen lawsuits regarding many pharmaceuticals and medical devices, including:

• Avandia, a diabetes medication found to increase the risk of heart attack
• Obtryx, a type of pelvic mesh implant that led to further complications and disabilities
• Risperdal, an antipsychotic with many severe side effects
• Vioxx, a pain reliever associated with serious cardiac disorders
• Exactech, a medical device used mainly in hip and knee replacements, which have corroded and caused pain and other severe side effects

Often just searching for the name of a drug or medical devices will give you results about lawsuits. But every injury has a different impact, and every state has different laws.. How do you know what steps to take?

Texas Law on Defective Pharmaceuticals

Who Can Sue–and Who Can They Sue?

Someone who was injured by defective drugs or medical devices is likely to file a claim against the manufacturer. Depending on the circumstances, they may also bring a claim against the seller of the drugs or device, or the doctor who prescribed them.

Claims regarding defective drug manufacturing or medical devices fall under products liability law for faulty products in general, with certain exceptions. In Texas, a manufacturer can be found liable for products that are unreasonably dangerous to the public, except for those products widely known to be “inherently unsafe.” There are three types of general product liability claims:

• A poorly designed product that could never have functioned properly can give rise to a “design defect” claim.
• A product that fails due to an error in the factory leads to a “manufacturing defect” claim.
• If a product is improperly labeled and does not advise about the risks of use, the manufacturer is liable for “failure to warn.”

Drug companies have several legal defenses. A drug company will not be found liable if:

• The drug was accompanied by a warning provided or approved by the FDA. But if the company did not follow an FDA order to withdraw the product or bribed officials, this defense will not stand.
• The drug was not used for its FDA-approved purpose when it caused the claimant’s injury. However, off-label usage of pharmaceuticals for various new purposes is common, and companies may even promote it. The claimant can overcome this defense by showing that the company approved or recommended the off-label use.
• The doctor who prescribed the drug was adequately warned about its risks. This is called the “learned intermediary rule,” but it can’t apply if the company withheld relevant information from physicians.
• The drug was damaged or modified after it left the manufacturer’s control.

How Long Do You Have to Sue?

This can be complex. In Texas, someone who has been injured by defective drugs or medical devices may need to file a lawsuit within two years of their injury or, in some instances, the date they knew or should have known about it. Alternatively, they may have as long as 15 years, depending on the legal claims they have to advance. Injured minors may be able to count this period from their 18th birthday, but it is essential to consult an attorney about this as soon as possible since the law is complicated.

How Recovery Works

As in other personal injury suits, victims of defective drugs or medical devices need to recover their damages for:

• Medical bills, including expenses for transportation
• Lost income, wages, or earning opportunities
• Domestic care needs
• Short-term or long-term disabilities

An experienced products liability attorney will understand how to determine each client’s needs for recovery. Defective drug or medical device claims can be pursued through private settlements and lawsuits; they can also be addressed through mass torts such as class actions or multidistrict litigation (MDL).

Class Actions and Multidistrict Litigation

Class action lawsuits developed as a way for numerous individual plaintiffs to pursue claims against powerful companies. A class action generally has representative parties whose claims have to be “typical of the claims or defenses of the class.” Thus, class actions can be a good option for “typical claimants” with relatively low claims compared to the costs of a lawsuit. But there is little or no individual input possible for each claimant, as there may be hundreds or thousands.

Claimants may be able to pursue a lawsuit in an MDL instead. Unlike class actions, each plaintiff in an MDL has a separate lawsuit and attorney, but the lawsuits are part of a consolidated court process for similar claims against a corporate defendant. The MDL leads to several trials of “bellwether” cases, and their outcomes are intended to encourage the defendant towards a settlement for all claims, often including funds for future claimants. However, MDL claimants can also find they have relatively little control over the process.

A claimant can, of course, decide to pursue an individual lawsuit for a unique claim, such as a manufacturing defect resulting in drugs that only injured one person or a few people. Personal injury attorneys know how to examine each client’s situation and determine their best course of action.

If you have been injured by defective pharmaceuticals or medical devices in Texas, we want to talk to you. The Crash Angels at Pelaez Law Firm can provide you and your family with the assistance you need help you through this process and strong representation against the parties at fault. Contact us today at 210-801-9314 to schedule a free consultation in our San Antonio offices.

Expectant parents often say, “All we want is a healthy baby.” After all, isn’t that what it’s all about? But birth is the first time that a mother cannot protect her child or see what others are doing to them. A healthy baby can be injured by the carelessness of doctors, nurses, or midwives, sometimes for life.

Unfortunately, Texas law does not exactly put mothers and infants first. Medical malpractice laws can protect doctors rather than patients, and these claims are more likely to go to trial than other personal injury claims. But when you understand your baby’s condition and your family’s rights, a personal injury attorney can help you get the resolution you need.

Birth Injuries: What They Can Mean

Birth injuries, also known as birth traumas, happen more frequently in the US than many people realize. According to recent birth statistics, common birth traumas for infants include:

• Fractures
• Facial nerve injuries, occurring in “up to 10 per 1,000 live births,” often from forceps use
• Intracranial hemorrhages—bleeding inside the head, more likely to occur in vacuum-assisted deliveries or those involving forceps
• Brachial plexus injuries, damaging the nerves of the shoulder, arm, and hand
• Soft tissue injuries, including cuts to the infant, which may occur during C-sections

Minor birth injuries can heal relatively quickly. However, some can cause long-term or permanent disorders. There are several types of palsy—a weakness or paralysis of the nerves—that birth injuries can cause:

• Facial nerve palsy
• Erb’s palsy, affecting the arm and shoulder
• Klumpke’s palsy, affecting the hand and forearm
• Cerebral palsy, affecting the brain, which may come with epilepsy and intellectual disabilities

If a child is deprived of oxygen during the birth process, they may experience HIE (hypoxic ischemic encephalopathy), which can also trigger cerebral palsy, developmental delays, heart disorders, and other life-altering conditions.

Some of these, even HIE, may respond well to treatment. But who will pay for that treatment? And how long will it take? What if the child needs care or assistance for the rest of their life?

Malpractice Laws in Texas: What You Need to Know

Statutes of Limitations and Repose

Your child has at best 10 years to make a claim for their damages, counted from the day of the birth or the day that their negligent treatment was finished (if those were not on the same day). It may also be possible to count from the day that a hidden injury was detected. Minors under 12 technically have a right to file a medical malpractice claim until they are 14, but malpractice claims also have a 10-year limitation across the board.

If you, as the mother, were also injured during or because of the birth, you have two years from the date that your treatment was finished to bring your claim—unless you yourself were a minor under 12.

In any case, discussing your situation with an attorney as soon as possible is crucial. The statute of limitations can be a key issue, and the stakes are high.

Your Child’s Rights

Your child has the right to recover their economic damages, or special damages, without any legal limit on their claim. These damages can include:

• Medical expenses (bills for past and future care)
• Personal care expenses for the child
• Disability accommodations
• Loss of future earnings if the disability is permanent

As a practical matter, this damage award is usually limited by the insurance coverage of the doctors or healthcare institutions involved. Additionally, Texas law limits non-economic damages, which includes compensation for pain and suffering, to $250,000 per claimant, although this may increase if there are multiple defendants.

A child’s parent or other trusted family member can act as a “next friend” in the courts and make legal claims on their behalf. A settlement on a minor’s behalf must be approved by a judge, with safeguards to ensure that the money can only be paid to or for the child.

How to Protect Yourself and Your Child

Some disorders caused by birth injuries may not be apparent for the first few months of a child’s life. If you think your older infant or toddler may have suffered a birth injury, watch carefully for certain symptoms, including:

• Apparent problems with sight or hearing
• Tremors or weakness
• Stiffness (hypertonia)
• Slow or difficult speech progress
• Poor coordination, including difficulties using utensils
• Difficulty or inability to sit, stand, crawl, or walk
• Developmental delays or disorders
• Intellectual disabilities

Consult a pediatrician and explain the circumstances. These may be symptoms of cerebral palsy or another disorder caused during the birthing process.

Collect all your baby’s medical documentation. Collect your own medical records as well, including your prenatal care records and any other notes, bills, or receipts about your medical care while you were pregnant. Your attorney will need to see these.

The hospital’s defense attorneys are likely to use any missteps (claimed or genuine) in your prenatal care against you, as well as any preexisting conditions. Certain factors, such as maternal condition and the size of infants, are associated with an increased rate of birth injuries. It is important to exclude or account for these effects.

Finally, contact an experienced Texas birth injury attorney as soon as possible; it’s best to do so before you make any claims or give any statements. At Pelaez Law Firm, the Crash Angels can provide you and your family with strong, compassionate representation, shielding you from the pressures of the legal process. Contact our San Antonio office at 210-801-9314 to schedule a free consultation.

A car accident shakes you badly, even if it doesn’t seem to do much harm to your body. In fact, for the first hours or even the first few days after an accident, you won’t know how much you are hurt until you have a medical examination.

Sometimes, drivers without health insurance coverage want to delay medical treatment until they have received a payout for the accident. Not only is this dangerous, it won’t work. You can’t complete your claim until you’ve been examined.

Federal law requires most emergency rooms to take and stabilize patients regardless of whether they can pay. But after that, the trouble begins. Who pays the bills, and how?

Medical Billing After an Accident

To discuss this, let’s take the example of Alice, a fictional driver in Texas. Alice gets into an auto accident with another driver, Bob. An ambulance takes Alice to a hospital. As time goes on, she has worsening pain and undergoes more medical imaging and tests. She suffered mild injuries at the time, and now further injuries are becoming apparent.

PIP and MedPay

All auto policies in Texas have personal injury protection (PIP) coverage unless it’s specifically declined. This no-fault coverage pays for medical bills up to the policy limit. It can also offer partial coverage for lost wages and home health care costs. Medical payments insurance (MedPay) is another auto policy option that covers medical expenses. But the typical coverage limits for both PIP and MedPay often do not meet the total costs of a serious injury.

If Alice has coverage from either of these, she can submit claims to the insurance company based on her medical bills without waiting on a determination of fault and a settlement. Some auto insurance companies may pay health care providers directly, but usually, the patient must pay first and be reimbursed.

Health Insurance

Under ordinary health insurance procedures, the patient covers a copay or some percentage of the bill, and insurance covers the rest. Unfortunately, healthcare providers and hospitals may refuse to bill a health insurance company after an auto accident. This is because health insurance companies themselves often refuse to pay the medical bills from an accident.

Instead, they want the at-fault driver’s insurance to pay! On paper, this may sound fair, but Alice needs help now.

If Alice works with a personal injury attorney, that attorney can draft a letter of protection (or LOP) to give to doctors and hospitals. The letter explains the situation and assures the healthcare provider that they will be paid from Alice’s future settlement or verdict for damages.

Settlement and Liens

Alice has a lot of medical expenses and property damage, so she needs to pursue a claim against the insurance company of the other driver, Bob. But Alice did receive $2,500 in coverage through MedPay from her own auto insurance policy, which is provided by Company A.

Company A now has the right to seek reimbursement for that $2,500 from Bob, just as Alice would have had if she had paid it herself. This is called subrogation. Company A may pursue that claim directly with Bob’s insurance, Company B, but it may also decide to place a lien on Alice’s future settlement.

Liens ensure that when a settlement comes through, the lienholders will automatically be paid. In theory, this should be just—giving the parties back what they paid and no more—but as it happens, it may be anything but.

Alice’s health insurer—Company C—also has the right to subrogation for any medical expenses it paid, and it too can place a lien on Alice’s settlement. What’s more, without an LOP, a hospital can place a lien for emergency services as well.

Before offering a settlement, Company B will investigate the accident. Under Texas law, a plaintiff’s damage award in a personal injury lawsuit is reduced by the percentage of fault that a court determines they shared in the accident. If the court finds that a plaintiff is 50% or more at fault, then they cannot recover damages at all. Most personal injury claims don’t go to court; they are handled through insurance. The insurance company’s investigation report assigns percentages of fault to the parties, and that report is their basis for how much they offer as a settlement—if anything.

As Bob’s insurer, Company B has an incentive to find fault with Alice as much as possible so that they can offer the lowest possible settlement amount. They know that Alice is under financial pressure to find a quick solution; she is still recovering and needs help. But with liens on her settlement, she may not see any of that money herself. What can she do?

How We Can Help

Personal injury attorneys manage these issues every day. The Pelaez Law Firm Crash Angels know how to deal with insurance companies, and they are used to fighting erroneous reports and lowball settlement offers. They can also help negotiate large medical bills for liens on personal injury settlements.

This is a complicated area of law. Regulations and outcomes can differ depending on what kinds of insurance are involved.

Let us help you find the best way forward. Talk to us if you have had a Texas auto accident or truck collision. Whether you were in a car, on a motorcycle, riding a bicycle, or going on foot, we want to hear from you. Call us at 210-801-9314 to set up a free consultation in our San Antonio offices.

What Is a Deposition?

In a civil case, each party has the right to review the evidence and testimony that the other side presents. There is no reason to wait for a trial to receive that evidence or testimony—in fact, surprises like that don’t often happen. The official fact-finding phase of a lawsuit is called “discovery,” and depositions are a key part of discovery—although they can also be held before a lawsuit is filed. Depositions allow plaintiffs, defendants, and witnesses to give their sworn testimony before trial. This gives both parties the opportunity to review their positions and, hopefully, negotiate a settlement without having to go to trial.

What does this mean for you as a claimant in a personal injury case? If your claim does not settle quickly, you may need to be deposed. The idea of testifying under oath can be frightening, and the thought of cross-examination even more so, even though you know you will be telling the truth. Your personal injury attorney can help reassure you and explain what will happen during and after the process.

The Deposition Process

In Texas, a deposition may be given orally or in writing. In either type of deposition, the deponent—the person being questioned—testifies by answering direct inquiries from their attorney, followed by cross-questions from the opposing attorney. If an opposing attorney asks the deponent a question that is against the rules in some way, the deponent’s attorney will object. The deponent may not have to answer if their attorney objects, although this is not always the case.

Written depositions consist of prepared questions that the deponent answers under oath in the presence of a deposition officer. At oral depositions, the deponent appears with their attorney, and the other side’s attorney appears to conduct the cross-examination. Additionally, the deponent may be requested to bring certain documents with them. A court reporter creates a transcript or a video that will serve as a formal record of the deposition.

Your attorney will advise you about how to prepare for the deposition: what to wear, what to expect, and how to approach the questions you receive. The rules forbid an oral deposition from exceeding six hours, although it is unlikely you will need to stay so long.

After the Deposition

Investigation will continue, and if a lawsuit has already been filed, your attorney will be handling the discovery phase of the suit. This must follow certain deadlines and rules set by the Rules of Civil Procedure. Discovery can include:

• Requests to enter and examine real property (such as the site of an accident)
• Requests for the other party to produce documents or other physical objects for examination
• Finding and consulting expert witnesses about the accident or the injuries
• Finding and examining eyewitnesses and other people with relevant knowledge

You may also be under private investigation. Investigators hired by insurance companies or defense counsel go on the lookout for fraudulent claims or anything that can be twisted into “evidence” that you are exaggerating or lying. They may follow you physically or record you remotely, and they will certainly examine any information you post on the internet. It’s best to avoid posting pictures on social media or making any public statements about what happened to you.

As part of the discovery process, you may have to undergo an independent medical exam (IME). The law only requires you to do this if a judge grants a defense motion for it. Despite the phrase, the examining doctor may not actually be “independent” in reaching their conclusions. Some doctors have ongoing professional relationships with insurance companies or defense counsel, and it is in their interest to produce results the companies will appreciate. Thus, it is wise to be very careful about what you say, even if the doctor seems kind; they may be an “agent” of sorts. Your attorney can help you prepare for an IME and anticipate any misleading tactics.

Your attorney is also likely to be conducting other depositions in the case—examining witnesses and cross-examining the opposing party. After the depositions are complete, the attorney will also need to receive and review the transcripts, which may take some time. New facts and avenues of investigation may come to light. Your attorney will look for any information possible to “impeach” the other side’s testimony—that is, to show that it is not believable.

As the investigation and discovery proceed, each party will come to understand how they stand in the case. The party at fault should realize that they need to settle if they want to avoid more expense; they are likely to attempt a “lowball” offer first. Your attorney will work to keep the pressure on, negotiating for a settlement that will cover your needs without subjecting everyone to the costs of a trial.

The Crash Angels at the Pelaez Law Firm, Crash Angels know how this process works. We have local experience with depositions, investigations, and medical examinations—we can defend you and help you protect yourself. If you have any kind of personal injury claim in Texas, especially one involving car accidents, truck accidents, or catastrophic injuries, we want to hear from you. Contact us today at 210-801-9314 to schedule your free initial consultation in our San Antonio offices.

A statute of limitations is a law that limits the time you have to sue or to be prosecuted. Statutes of limitations are intended to prevent unfairness to defendants by requiring parties to use the courts in a fair time period or not at all.

Every state’s statutes of limitations are different, depending on the seriousness of the matter at hand and the government’s priorities. The state of Texas has relatively short statutes of limitations.

Personal Injury Lawsuits

In Texas, a claimant has two years to file most personal injury suits involving damages to a person or property. These include:

• Auto accidents
• Motorcycle Accidents
• Slipping and falling
• Wrongful death
• Medical malpractice, including birth injuries
• Workplace injuries that are not covered by workers’ compensation

See Tex. Civ. Prac. & Rem. Code §§ 16.003, 74.251.

The two years are calculated from the date of the injury—or the date on which the claimant knew or reasonably should have known that the injury occurred. If the suit is for wrongful death, the period begins on the date of death.

For medical malpractice, the two years begin on the date of the occurrence that led to injury or the day that the treatment was completed. If the plaintiff was a minor under 12, they have until their 14th birthday to file a suit. Nonetheless, the plaintiff must file before 10 years have passed. This 10-year provision is called a “statute of repose,” a hard limit intended to cut off any suit.

Product Liability

The law surrounding product liability lawsuits—for injuries arising from defective purchases—is more complex. A plaintiff has a two-year statute of limitations, but they must also be aware of the statute of repose—15 years after the first sale of the item. See § 16.012. That period does not apply if the manufacturer claimed the product to have a useful life of over 15 years. It will also not apply to a case where a plaintiff had a disease that did not “manifest … to a degree and for a duration that would put a reasonable person on notice that the person suffered some injury.”

Lawsuits for injuries and diseases arising from silica exposure or from asbestos exposure are also subject to complicated statutes of limitations. A plaintiff has two years from exposure, discovery, or the service of a verified medical report with specific findings regarding the cause of their illness. Someone seeking relief from silicosis or asbestos-related ailments may be subject to differing statutes of limitations if they performed work for the government; they may also have other options for recovery and financial support. It is vital to consult an attorney about these issues.

Tort Claims Acts: Federal and State

When a plaintiff has a personal injury claim against an employee or branch of the federal or state government, the rules are different. Plaintiffs can only make claims in limited ways defined by law.

The Federal Tort Claims Act provides a strict two-year statute of limitations for claims filed against the government. Before filing a lawsuit, anyone seeking damages must file their claim with the agency involved, which has six months to resolve the claim. If it is denied, the claimant may file a lawsuit in federal court, and they must do so within six months of the denial.

Similarly, under the Texas Tort Claims Act, an injured party must give notice of their claim with the appropriate unit of the state within six months—or less, if the claim is against a municipality that has a shorter notice period by law.

Exceptions to the Running of Statutes of Limitations

Most statutes of limitations have exceptions. Some exceptions are contained in the statute’s language, and some apply to every statute of limitations.

In Texas, there are longer statutory periods for personal injury suits arising from various criminal sexual offenses. A plaintiff who was sexually abused or trafficked when they were a minor or disabled has 30 years to sue for personal injury. Victims who were not minors or disabled at the time have five years to file a suit.

Some circumstances can pause the running of a statute of limitations, which is called “tolling.” Under Texas law, a statute of limitations does not begin to run for a person “under a legal disability” at the time that their injury occurred. This refers to people under 18 years of age and people “of unsound mind,” or mentally incapacitated. When the person regains capacity or comes of age, the statute begins to run.

If a prospective claimant dies while they still have a cause of action, the statute of limitations is tolled for 12 months or until their estate has a qualified administrator or executor. See § 16.062. Likewise, if a prospective defendant flees the state to avoid a civil suit, the statute of limitations is tolled until they return—there is no waiting it out. See § 16.063.

Do You Still Have a Claim?

Statutes of limitations can be confusing. An experienced attorney will understand how to determine whether your circumstances tolled the statute, allowing you to seek relief in ways that might not be obvious at first.

If you believe you have a personal injury claim in Texas, talk to the “Crash Angels”—the attorneys of the Pelaez Law Firm, Crash Angels. We will fight to make your recovery possible and get you the compensation you need to get your life back on track. Call 210-801-9314 today to schedule a free consultation in our San Antonio offices.

Texas law outlines time limits for most insurance companies to complete their processing and pay out their claims. In an ideal situation, a company will notify a claimant of its acceptance or rejection of a claim within 15 business days of receiving all the necessary supporting documents and information for its processing. If the claim is accepted, they must pay it within five days after that.

However, these laws do not apply to every company or claim. And even where they do, insurance companies have ways of stretching the law to allow themselves more time. This can also be a way of pressuring claimants to accept a quick settlement that may not be what they need.

Prompt Settlement of Claims

Most of the insurance policies that people typically have to deal with are covered under state laws mandating prompt settlement of claims.

These include:

• life insurance
• auto insurance
• renters’ insurance
• homeowners’ insurance
• certain types of health insurance

See Tex. Ins. Code § 542.052.

These time limit laws do not apply to every kind of insurance company or policy. There are specific exceptions for, among others:

• HMO health insurance
• workers’ compensation
• title insurance
• marine insurance
• mortgage insurance

How the Law Works

When an insurer receives a claim, they typically have 15 days to acknowledge its receipt, begin an investigation, and request any supporting documents that they “reasonably believe, at that time, will be required.” Once the company receives “all items, statements, and forms” that they require, they have another 15 days to conclude the investigation. The law specifies that these are business days, which excludes Saturdays, Sundays, and holidays.

By that time, they must send a notice of acceptance or rejection of the claim. If they accept the claim or part of the claim, they must pay it within five days of the notice or within five days of any action they require from the claimant for the settlement.

However, there are exceptions to the law, as well as loopholes that insurers can use to delay a settlement.

First-Party Claimants Only

The prompt settlement law only applies to first-party claimants—that is, policyholders and beneficiaries of the policy. It does not apply to third-party claimants, who are entitled to recover under the policy but are not named parties to it.

People filing claims against other drivers in auto accidents are third-party claimants under the insurance policies of those drivers. So, unfortunately, if you are seeking a settlement from another driver’s insurance company, these particular deadlines will not apply.

Surplus Lines Insurers

These are insurers who write policies for unusual risks, such as coverage to protect particularly valuable jewelry collections. They have 30 business days to acknowledge the receipt of a claim, and they may take 20 days to pay a claim once they notify a claimant of its acceptance.

Suspicion of Arson

An insurer that suspects “on a reasonable basis” that the claim involved arson may take 30 days rather than 15 days to complete the investigation once they have received all the required information.

Requesting Further Documents

The insurer has the right to “make additional requests for information if during the investigation of the claim the additional requests are necessary.” Tex. Ins. Code § 542.055(b). If it is used unscrupulously, this provision can allow the company to stall.

Natural Disasters

In the event of a natural disaster or catastrophic weather “as defined by the [insurance] commissioner,” the companies will receive a 15-day extension on these deadlines across the board.

Taking an Extension

In any case, the insurance company is entitled to a 45-day extension on its investigation period, which it may take simply by notifying the claimant during the 15 days after it receives all the information it needs.

Consequences for the Insurance Company

Under Texas law, a company must pay statutory damages if they withhold payment past a certain period, usually 60 days after they have received all necessary information.

They will be liable not only for the claim but for 18% annual interest on it, together with attorneys’ fees. If the claim was for property damage from a natural disaster, they may also owe additional interest to the claimant.

Hardly anyone wants to sue or even threaten an insurance company; all they want is what they are owed. But whether or not your claim is covered by the Texas prompt payment statutes, having an attorney on your side can help you maximize your recovery and avoid stalling from the insurance company.

As experienced Texas personal injury attorneys, we deal with insurance companies every day, and we know their tactics. If the insurance company is acting in bad faith in dealing with you, it may be in further violation of Texas insurance laws on unfair trade practices. Our firm can protect you from unjust pressure to settle for less and fight for the speedy resolution of your case.

We would be glad to talk to you about any situation you are facing with a claim, particularly those involving:

• auto accidents
• slip and fall accidents
• catastrophic injury
• accidents on construction sites or oil rigs

Call the “Crash Angels” at Pelaez Law Firm, Crash Angels (210-801-9314) to make an appointment with us in our San Antonio offices. Your first consultation is free.

Have You Been Injured by Negligence or Recklessness?

If you’re injured in the San Antonio area – or anywhere in Texas – because of another person’s recklessness or negligence, you need to discuss your rights, and your right to recover compensation, as quickly as possible with a San Antonio personal injury attorney.

Recklessness and negligence are legally defined concepts that describe someone’s behavior or conduct in a particular situation. If another person has injured you, you need to know these legal definitions.

How are recklessness and negligence defined by the law? What are your legal rights if you’ve been injured by someone else’s recklessness or carelessness? Can you recover compensation? What steps should you take? Keep reading to learn the answers to these questions.

How Are Recklessness and Negligence Distinct?

In Texas, a failure to satisfy the legal “duty of care” to others as a reasonable person would fulfill that duty in a similar situation constitutes negligence. However, in some injury cases, a defendant may have gone beyond “simple” negligence. The defendant may have been reckless.

Recklessness happens when someone intentionally disregards or ignores his or her own safety or the safety of others. Recklessness is intentional, irresponsible, dangerous behavior, while negligence is simple absent-mindedness – everyday forgetfulness or carelessness.

If you are injured by another person’s behavior, what makes the distinction between everyday negligence and intentional recklessness so important? If a defendant acted recklessly rather than negligently, a personal injury trial jury is more likely to award you punitive damages.

What Damages May Be Awarded in Personal Injury Cases?

In personal injury cases, “economic” damages are the damages meant to compensate a victim of negligence for his or her financial losses: pending and projected future medical expenses, current and projected future lost wages, and other losses arising from the personal injury.

“Noneconomic” damages are meant to compensate an injury victim for personal suffering and pain, and in some cases, for the loss of the “enjoyment of life” or the loss of consortium.

“Punitive” damages are meant to be a type of punishment to the defendant and are paid only for recklessness and not for simple negligence.

Punitive damages penalize intentional recklessness and are meant to deter future reckless behavior. Although punitive damages are not considered compensation, punitive damages awarded by a court are paid to the injury victim.

How Much Can You Receive in Punitive Damages?

While there is no cap in Texas on the economic damages that an injury victim may recover (except when a government agency is the defendant), and there is no cap on non-economic damages (except in medical malpractice cases), Texas caps punitive damages:

1.  at either $200,000
2.  or at twice the amount of the economic damages plus the amount of non-economic damages up to $750,000, whichever is greater

Did You Sign a Liability Waiver?

A liability waiver may shield a business from a negligence claim, but no waiver in Texas can shield a business from a claim of recklessness. A San Antonio personal injury lawyer can tell you if you may claim that a defendant was reckless in your own personal injury case.

Most personal injury claims in Texas do not raise the issue of punitive damages since in most cases, the behavior of the person at fault was not reckless or intentional but was merely everyday carelessness – that is, simple negligence.

However, if you are convinced that the person who injured you acted recklessly, call the CRASH ANGELS, your San Antonio personal injury attorneys, immediately and let them know during your first meeting.

When is It Time to Contact an Attorney?

In Texas, if you’ve been injured by someone else’s negligence or recklessness, the deadline (or statute of limitations) for bringing a personal injury lawsuit is usually two years from the date you were injured.

But, you can not and SHOULD NOT wait two years to speak with a personal injury attorney, especially if your injury is keeping you from working. The sooner you contact the personal injury attorney, the sooner they can get working on your case and get you the medical treatment you need. Your attorney needs time to examine the evidence, speak to the witnesses, and develop the strongest possible personal injury claim on your behalf to get you the compensation you deserve.

What if Your Claim is Against a Government Agency?

The deadline is shorter if a government agency is responsible for your injury. State law sets a deadline at six months from the date you were injured, but many municipalities in Texas set shorter time limits for filing injury claims against them – typically ninety days after the injury.

The need to act swiftly can’t be stressed strongly enough. You need to schedule a free legal consultation with a San Antonio personal injury lawyer as soon as possible. Over time, evidence deteriorates or disappears, and the memories of witnesses fade.

What More Should You Know About Recklessness and Negligence?

If you’ve been injured in by an 18-wheeler, in a car accident, a slip-and-fall incident, a construction or oil rig accident, or in any other accident scenario, it is important to know if the cause of your injury was recklessness or negligence.

While a determination of recklessness cannot increase the economic damages that you can recover, if the person that injured you was reckless, then that fact could substantially increase non-economic damages and facilitate an award for punitive damages.

Having the right Texas personal injury lawyer handle your claim can make all the difference in the compensation you can get. But how can you know that you’re choosing the right personal injury lawyer?

Meet the Crash Angels at Pelaez Law Firm, Crash Angels

The Crash Angels at Pelaez Law Firm, Crash Angels, understand how difficult it can be for injury victims and their families after an unexpected accident. When you hire the Crash Angels at Pelaez Law Firm, Crash Angels, you’ll have aggressive attorneys with an extensive knowledge of the law fighting for your rights and representing your interests.

Pelaez Law Firm, Crash Angels is an all-female personal injury law firm. All attorneys are native Spanish speakers, and completely and truly bilingual. You’ll meet personally with your attorney – not with a clerk or a legal assistant. Your attorney will explain how Texas law applies to your own injury claim.

When you become a client of the award-winning legal team at Pelaez Law Firm, Crash Angels, you’re treated with complete respect and offered every professional consideration. You pay us no fee upfront, and you’ll pay no attorney’s fee to Pelaez Law Firm, Crash Angels until and unless you are compensated.

If you have been injured in or near the San Antonio area by someone else’s recklessness or negligence, or if you are injured this way in the future, call Pelaez Law Firm, Crash Angels immediately at 210-801-9314 to schedule your first legal consultation – with no cost or obligation.