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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.

When it comes to recovery from motor vehicle accidents, one key factor is whether your accident took place in a “no-fault” state. In a no-fault state, a driver’s auto insurance covers their injury and damage claims regardless of which driver was at fault.

A driver may have the option to sue if their damages meet a certain financial threshold. However, the driver typically does not have the right to sue for automotive injury or damage claims because state law requires all drivers to carry insurance instead. This system is intended to keep the state courts clear of motor vehicle damage claims and make recovery faster for all parties concerned. Currently, twelve of the fifty states are no-fault states.

Texas is not one of them. Instead, claims arising out of a motor vehicle crash, like other personal injury claims, are resolved according to the principles of tort liability.

Covering Auto Accidents under Texas Law

In Texas, an injured driver may sue the other driver, regardless of the amount of damages. But as a practical matter, they are more likely to make a claim on the driver’s insurance or their own insurance. If the injured driver makes a claim on their own insurance policy, the insurance company can then subrogate—that is, they will sue the other driver’s insurance company for the damages.

Texas follows what is known as the modified comparative negligence rule. When an injured party had some responsibility for their accident, they can still recover their damages, but the damages will be reduced by the amount to which they were at fault. A judge or jury—or, in most cases, an insurance company adjuster—determines how much at fault they were, expressed in a certain percentage. For example, a court may determine that a driver was 20% at fault; if they had $10,000 worth of damage, they would be entitled to recover $8,000. However, if a driver is found to be over 50% at fault for a crash, they cannot recover any damages at all.

Under Texas law, drivers must demonstrate financial responsibility for potential accidents. Most people do so with a liability insurance policy. The policy must meet the state’s minimum coverage standards, often referred to as “30/60/25”:

• $30,000 for bodily injury to or death of one person in one accident
• $60,000 for bodily injury to or death of two or more persons in one accident
• $25,000 for property damage to others in one accident

Although these limits are higher than in some other states, they may not meet your needs, especially if you should become involved in a multi-car accident or one resulting in several injured people. These parties could sue you personally for any damages over and above the limits of your insurance coverage.

Note, too, that liability insurance covers damage to others, not to insured parties. Collision insurance covers your own car, and comprehensive insurance covers incidents that damage your car other than motor vehicle accidents. For further information on auto insurance options in Texas, you can consult consumer guides from the Department of Insurance.

If you would prefer to have an option for no-fault recovery, you can purchase PIP (personal injury protection) or MedPay (medical payments) insurance. Auto insurance agents are required to offer you PIP coverage in the state, although you may refuse it. Regardless of fault, PIP can cover medical bills, home help, funeral expenses, a percentage of lost wages, and more, depending on the particular policy. Similarly, MedPay insurance covers medical expenses without reference to fault, although PIP often covers more.

After a motor vehicle crash, your own expenses are likely to include:

• Medical bills
• Lost wages
• Property damage
• Lost future earnings, if an injury results in disability

How do you navigate the insurance procedures to get what you need, especially when you are trying to recover from a traumatic event?

Protecting Yourself after a Crash in Texas

In theory, insurers should be able to work with each other and with their insured parties to pay people what they are owed, but this is often not the case. Insurance companies do not make money by paying out settlements. Insurance adjusters reviewing the evidence from the crash may claim that you had a higher percentage of fault than you did, reducing or even eliminating the damages you could receive. They may try to pressure you to settle for less than you need or even claim that your accident could not be covered.

The Crash Angels at Pelaez Law Firm, Crash Angels deal with insurance companies every day, and we know how this system works. Our San Antonio car accident lawyers can shield you from the pressure of handling the claims process directly while working to maximize your damage recovery, and if necessary, we will take it to court.

Our office handles many types of motor vehicle claims, including:

• rideshare accidents
• motorcycle crashes
• bicycles and pedestrians involved in collisions with autos
• crashes with trucks, including 18-wheelers and other commercial motor vehicles

Don’t hesitate to get the help you need. If you have been in an accident in Texas, call the Crash Angels NOW at Pelaez Law Firm, Crash Angels at 210-801-9314 to schedule a free consultation in our San Antonio offices.

A personal injury claim is a kind of tort—a civil claim for damages. Personal injury claims arise when someone gets hurt because another party failed in their duty of care. That might have been a duty to drive carefully, a duty to keep a dog locked up, a duty to keep a business safe enough to walk in—anything that resulted in someone sustaining injuries and damages.

Victims that have suffered a personal injury typically need compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

Most personal injury claims do not go to trial; if they do, the trial ends before a verdict. Attorneys try to negotiate settlements first, especially if one party has insurance coverage. At Pelaez Law Firm, Crash Angels, we have the experience and understand this process, and we can help you through it.

According to the most recent published study, the most commonly filed personal injury claims in American courts arise from:

• Motor vehicle accidents
• Medical malpractice
• Premises liability
• Dog bites
• Intentional torts
• Slander or libel (defamation)
• Product liability
• Professional malpractice
• Conversion (a claim for theft)
• Other torts

(Source: Civil Justice Survey of State Courts, 2005. See also the Annual Statistical Report for the Texas Judiciary, FY 2021.)

Our firm largely focuses on issues that arise within these categories, however if you have another type of personal injury, we would be happy to hear from you:

Motor Vehicle Accidents

Traffic is one of the most dangerous places to be in America, and personal injury claims reflect that. After the pandemic, motor vehicle injury cases in Texas courts increased by 15% to an “all-time high.” These cases alone accounted for 80% of injury filings in Texas in 2021.

The “Crash Angels” at Pelaez Law Firm, Crash Angels are experienced with motor vehicle cases, particularly those involving:

• 18 Wheelers
• Trucks
• Rideshares (such as Uber or Lyft)
• Motorcycles
• Pedestrians and bicycles

Medical Malpractice

Although no one goes to the hospital expecting to get worse, the danger is present. Medical Malpractice was the second-highest single source of new personal injury claims in Texas district courts in 2021, and claims rose 10% over the previous five years.

Compassion and understanding guide us in representing our clients and their families. Our firm focuses on medical malpractice cases involving the most vulnerable: nursing home patients and newborn infants injured at birth. These patients often cannot speak for themselves, and we speak and fight for them. They may require extensive care for the rest of their natural lives. As such, it is crucial for them to have attorneys who are familiar with optimal recovery strategies under Texas medical malpractice laws.

Premises Liability

When someone is injured because of dangerous conditions on another party’s property, the property owner may be liable. The most frequent type of premises liability claim results from a slip and fall.

According to the CDC, unintentional falls were the top cause of nonfatal injuries in the US in 2020, as well as the second leading cause of unintentional injury deaths (source). Although falls are a particular risk for older people, you can get badly hurt from slipping and falling at any age, leading to high medical bills, lost opportunities, and chronic and long term health issues. Sprains, ligament tears, fractures, even traumatic brain injuries—this is not an accident that property owners should take lightly.

If you have been injured by falling, by any hazard on someone else’s property or at any business location, call our office, and we can determine whether and how you can recover damages.

Dog Bites

A dangerous dog poses a danger to everyone, including their owners, innocent passersby, and even other dogs. If a dog has attacked you, your loved one, or your animal, contact us today.

Texas state and municipal laws pertaining to dogs and dog attacks may require the owner to pay full compensation for an attack, but the next legal steps can vary between jurisdictions and situations. This is an emotionally charged area of law, and we can help shield you from its pressures while seeking justice for attack victims.

Product Liability

Manufacturers have a duty to provide products that do not harm consumers. If a product is not inherently unsafe, and if the consumer uses it as intended, then they have a right to expect that it will not make them sick or injure them in some unforeseen way. When a manufacturer—and sometimes a seller—puts dangerous products on the market, they can be held liable under Texas law. Some of the most staggering manufacturing failures have involved defective drugs such as “fen-phen” (fenfluramine/phentermine) and Vioxx (rofecoxib), both of which caused cardiac disease and death.

Contact our office if you have been injured by a defective product, especially a medication. We are familiar with the often protracted, complex litigation involved with product liability claims, and we will work to get you help as quickly as possible.

Whatever your legal problems may be, we are waiting to hear from you. To schedule an appointment at our San Antonio offices, call Pelaez Law Firm, Crash Angels at 210-801-9314 today.

Any dog can be good or bad, just like any human being. But unlike human beings, many dogs have been bred for strength and guarding, giving them powerful jaws and unstoppable drive. Others have gone untrained because of their small size or harmless appearance, leaving them bad-tempered and fierce. Even well-meaning owners often underestimate the danger their dogs pose to others. In less than a second, a dog may spook and decide to attack. Dog attacks can result in disfigurement, nerve damage, and loss of muscle tissue. For children, vulnerable people, and other animals, they may end in death.

In order to keep yourself and your family safe around strange dogs, you should consider not only which common breeds are the most dangerous but which breeds are most likely to bite you.

What Does a Dangerous Dog Look Like?

The nonprofit DogsBite.org tracks dog bite fatalities in the US. According to their 2018 study, a total of 433 people were killed by dog attacks in the US between 2005 and 2017. Of these, 54 were in Texas—the highest number in one state. The study found that these were the top ten breeds recorded as responsible in fatal attacks:

• Pit bull (65.6%)
• Rottweilers (10.4%)
• German shepherd (4.6%)
• Mixed breed (3.9%)
• American bulldog (3.5%)
• Mastiff or bull mastiff (3.2%)
• Husky (3%)
• Unknown/unreleased (2.5%)
• Labrador retriever (2.1%)
• Boxer (1.6%)

“Pit bull” is not a recognized breed in itself, but the term is used for Staffordshire terriers, American bulldogs, bull terriers, and mixes of these breeds. A 2019 study suggests that large dogs with short, square-shaped heads are more likely to bite than others, causing more damage when they do. The “box head” or “block head” is a characteristic of pit bulls, Rottweilers, American bulldogs, and mastiffs, as well as other popular dogs such as the Cane Corso and Presa Canario.

These dogs fit our image of a dangerous dog, and they are frequently forbidden by local laws and insurance policies. But they are not the only ones who pose a risk. The Labrador retriever—our image of a harmless family dog—is also on the list above.

A 2014 review by the American Veterinary Medical Association named the following breeds as “highly represented” in bite reports worldwide:

• German shepherd
• Mixed breed
• Pit bull types
• Rottweiler
• Jack Russell terrier
• Chow Chow
• Spaniel
• Collie
• Saint Bernard
• Labrador retriever

Compare these lists to the American Kennel Club’s ranking of the most popular dogs of 2022. That list shows the high popularity of some of the most frequent biters and most dangerous attackers:

• 2nd most popular—Labrador retriever
• 3rd most popular—German shepherd
• 7th most popular—Rottweiler
• 14th, 26th, and 29th most popular—spaniel breeds
• 16th most popular—boxers

For some breeds, the frequency of their bites has as much to do with their popularity as their nature. Dogs from “cute” or fashionable breeds may be left untrained or unsupervised, leading to disaster, especially when small children are present. Any dog, especially any frightened or neglected dog, can decide to attack. The more common a dog breed is, the more commonly people encounter them, and the more common their bites will be.

Dog Attack Law in Texas

In Texas, if a dog outside of its enclosure “commits unprovoked acts” that would make someone reasonably believe it is dangerous, the incident can be reported to Animal Control or the municipality’s local authority for a formal determination. If the owner knows that the dog is dangerous, whether or not the authority ever hears of it, they must pay compensation for damages from any subsequent attack.

Even if no one reported any previous incidents involving the dog, a plaintiff can still recover damages so long as they can show that:

• The victim was in public or legally on private property
• The victim did not provoke the dog

In a case where the owner did not have any reason to know that the dog was dangerous, the plaintiff can still recover compensation. Under the theory of comparative negligence, the plaintiff must show that they were less than 50% at fault for the bite, and they will be able to recover in proportion.

What Can I Do?

Keep these dog bite prevention tips in mind, and teach them to your children as well. Although a truly dangerous dog may decide to attack for any reason, it will help your case if you and any witnesses can attest that you behaved safely.

A dog attack victim needs to see a doctor immediately—or a vet, if the victim is another animal. Many animal bites carry germs that can lead to sepsis, which is often fatal. If the dog does not have an up-to-date rabies vaccine, the victim may need a rabies shot, which must be given immediately after the bite. In Texas, a possible rabies bite must also be reported to a local public health authority. Tell the medical professional exactly what happened, and keep the documentation.

We are ready to speak with you about your dog attack injury, whether it was to yourself, your child, or your pet. Call the Crash Angels atand Pelaez Law Firm, Crash Angels today at 210-801-9314 to schedule your appointment.

There is no single legal definition of permanent disability. Instead, the applicable definition depends on how you are asking for legal relief or what you need to qualify for. Permanently disabling injuries can include:

• Amputations
• Severe burns
• Spinal injuries
• Nerve damage
• Traumatic brain injuries (TBI)
• Birth asphyxia and other perinatal injuries to infants

Even where the disability is obvious, defense lawyers and insurance adjusters may claim that an injury is not permanently disabling or even that it is hardly disabling at all. An attorney’s disability analysis will depend on whether you claim relief through a personal injury lawsuit (or settlement) or workers’ compensation.

Permanent Disability and Personal Injury Awards/Settlements

When a plaintiff has to claim damages for a personal injury, their attorney must review their medical records and receive a doctor’s report on their potential future recovery. They will also take into account the evidence you provide about your disability and how it affects your daily life. The attorney will then calculate:

• Future medical expenses for a person with the plaintiff’s level of disability
• Lost future earnings, comparing the plaintiff’s current level of ability with their previous level and earning potential

In order to calculate the plaintiff’s non-economic damages—their pain and suffering—the attorney selects a multiplier for the total amount. For a permanently disabled plaintiff, someone who cannot do their previous work or who is impaired in their daily life, the multiplier may be as high as 4 or 5.

Most personal injury claims today end in settlements. Taking a case all the way to trial is a costly and lengthy process that most seek to avoid. But when a defendant is facing an expensive claim, such as one involving  a permanently disabled plaintiff, they may try to avoid paying out a settlement and decide to take the matter to trial. There are, however, risks with going to trial. Trial can end up costing the defendant a lot more than a pre-trial settlement would have.  On the other hand, the plaintiff runs the risk of getting nothing at all, especially if they were partly responsible for the injury. Under Texas law, if the court finds that a plaintiff was over 50% at fault in an accident, they cannot recover at all. If they were 50% or less at fault, they can recover, but their damage award will be reduced by their percentage of fault.

Defense attorneys and insurance companies will use this to pressure a plaintiff to settle for less than their claim is worth. However, when a plaintiff has been permanently disabled in a terrible accident, the plaintiff’s attorney can turn up the pressure by seeking exemplary damages, also called punitive damages. A court can impose these as punishment if the injury occurred because a defendant was malicious or grossly negligent.

The personal injury claim process is time-consuming because it is based on finding fault and determining the plaintiff’s circumstances in each case. However, if you were injured on the job, you may be able to go through a no-fault process that should, in theory, be simpler.

Workplace Injuries and Permanent Disability

Workers’ compensation insurance was originally designed to bypass court proceedings and provide no-fault payments to injured workers. However, most Texas employers are not required to subscribe to any kind of workers’ compensation insurance or program. If your employer is a nonsubscriber, you will need to seek relief the “old-fashioned” way through the courts. But if your employer does carry workers’ compensation insurance and that insurance covers your injury, you will have to seek relief through workers’ compensation rather than through a lawsuit.

After the injury, once you have reached maximum medical improvement (MMI), your doctor will give you an impairment rating for the severity of your injury, expressed as a percentage. If your impairment is permanent, you can qualify for impairment income benefits (IIBs), which are 70% of your average weekly wage. Each percentage point in your impairment rating entitles you to three weeks’ worth of IIBs. Although this could result in years of benefits for someone with a high impairment rating, it is often not enough for a permanent disability.

You may also be able to receive lifetime impairment benefits (LIBs) for the following injuries:

• total and permanent loss of sight in both eyes;
• loss of both feet at or above the ankle;
• loss of both hands at or above the wrist;
• loss of one foot at or above the ankle, and loss of one hand, at or above the wrist;
• an injury to the spine that causes permanent and complete paralysis of both arms, both legs, or one arm and one leg;
• a physically traumatic injury to the brain resulting in incurable insanity or imbecility;
• third degree burns that cover at least 40 percent of the body and require grafting; or
• third degree burns covering the majority of either both hands or one hand and the face.

Employers and insurance carriers may fight severely injured claimants with challenges, denials, and unjust rulings. Doctors, too, can issue unfair impairment ratings, and you have the right to challenge them. It is essential to act fast—deadlines in workers’ compensation cases can be very short.

An attorney with experience in catastrophic injuries and the kind of workplace cases common in Texas, such as construction and oil rig accidents, can help you get the compensation you deserve. The attorneys at Pelaez Law Firm, Crash Angels have the experience necessary to maximize compensation in these types of cases.  Call the Pelaez Law Firm, Crash Angels today at 210-801-9314 to schedule an appointment about your case.

 

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You may have been the victim of a car accident  or a motorcycle accident due to another individual’s faulty driving. Car crashes are not only emotionally stressful, but they can also be a physical and financial headache. A car crash may immediately leave you without transportation and you are left to wonder how you will get to work the next day or get the kids to school. On top of these worries, you then have to deal with the insurance companies in order to seek out compensation for any property damage and injuries you may have suffered due to the crash.

Hiring an attorney means that you have an advocate on your side to protect your interests. An attorney will help you seek the maximum compensation from the insurance company for any property or physical injuries you sustain. An attorney may also be able to walk you through the process of seeking any necessary medical treatment. Most injury attorneys work on a contingency basis and do not receive any compensation unless your case is successful.

An attorney will put your needs first and take the stress of dealing with an insurance company out of your hands. It is important to seek out legal counsel. Consult with the Pelaez Law Firm, Crash Angels today at 210-BRING-IT (210-801-9314).