El Paso Personal Injury Lawyer
Protection from Insurance Tactics & Practical Guidance After an El Paso Injury
When you’ve suffered a personal injury, it can be difficult to get your life back on track. Your injuries may require weeks, months, or even years of medical treatment, and if you’re unable to return to work, you may also struggle to pay normal monthly expenses. Medical bills, lost wages, insurance calls, and paperwork can all demand attention while you’re trying to recover.
Harmonson Law Firm represents injury victims in El Paso and surrounding areas. We investigate accidents, communicate directly with insurance companies, and help clients coordinate medical care through our referral network so they can focus on healing. We treat every client with respect, patience, and personal attention while handling the legal details of the claim.
CALL (915) 233-6427 TO DISCUSS YOUR INJURY CLAIM!
Texas Personal Injury Laws
Personal injury law in Texas covers situations where an individual suffers harm due to another party’s negligence or wrongful actions. These laws allow the injured party, known as the plaintiff, to seek compensation for injuries and losses. Personal injury law covers a wide range of cases, including car accidents, slip and fall accidents, workplace injuries, medical malpractice, product defects, and wrongful death. In these cases, the plaintiff must show that the defendant’s actions caused their injuries or damages.
One of the key principles in Texas personal injury law is negligence, which occurs when a person or entity fails to exercise reasonable care, resulting in harm to another person. For example, a driver who runs a red light and causes a collision may be considered negligent. In personal injury cases, the plaintiff must establish that the defendant owed them a duty of care, breached that duty, and caused harm through their actions.
Texas uses a proportionate responsibility system. This means that if the plaintiff is partially at fault for the accident or injury, their compensation may be reduced by their percentage of responsibility. If the plaintiff is found to be more than 50% responsible, they generally can’t recover damages. If they are 50% or less responsible, they may still recover damages reduced in proportion to their degree of responsibility.
Texas also has specific statutes of limitations that limit the amount of time a plaintiff has to file a personal injury lawsuit. Generally, in Texas, a person has two years from the date of the injury to file a lawsuit. Exceptions and claim-specific rules can apply, so it’s important to have the circumstances reviewed promptly.
Finally, personal injury claims can involve two types of damages: economic and non-economic damages. Economic damages can include medical bills, lost wages, and other financial losses, while non-economic damages can address pain and suffering, emotional distress, and loss of enjoyment of life. Future medical care and reduced earning capacity may also be considered when supported by the facts. In certain cases, punitive damages may be awarded if the defendant’s conduct was particularly reckless or intentional.
Personal Injury Matters Our Firm Handles
Our El Paso personal injury attorneys handle the following types of claims:
- Car Accidents: Damages caused in car accidents typically go far beyond dented bumpers and broken windows. Physical injuries are often the most painful, lasting damages you can experience in an accident, and they can affect your work, future prospects, overall health, social life, and more.
- Truck Accidents: Large semi-trucks and tractor-trailers can cause extensive damage when they’re involved in vehicle collisions. Due to their size and weight, these crashes can seriously injure or kill other motorists and may involve multiple responsible parties.
- Motorcycle Accidents: When motorcycle accidents occur, the consequences can be devastating. Unfortunately, it’s usually the motorcyclist who suffers the brunt of the impact. Even when wearing protective clothing, helmets, and other safety gear, motorcyclists often suffer severe or catastrophic injuries or even death when they’re hit by other motorists.
- Hospital Negligence: Hospitals are expected to provide treatment and care, but patients can be harmed when negligent conduct contributes to errors, delayed care, or other preventable problems.
- Medical Malpractice: Medical malpractice can occur when a doctor, nurse, or other healthcare professional fails to provide treatment consistent with the accepted standard of care. When medical practitioners act negligently, the consequences can be serious and far-reaching.
- Premises Liability: Premises liability claims can arise when you’re injured on another’s property because of an unsafe condition. The duties a property owner owes can depend on why the injured person was on the property, such as a customer, guest, resident, or worker.
- Wrongful Death: When a person is injured as a result of another party’s negligence and later dies, surviving family members may have a wrongful death claim. In Texas, a surviving spouse, children, or parents may bring a claim, and wrongful-death matters have specific timing and procedural rules that should be evaluated under Texas law.
- Dog Bites: A dog bite can cause serious injuries, including disfigurement, particularly to small children whose faces are on the level of a dog’s mouth. Liability can depend on how the dog was handled and the circumstances of the attack.
- Workplace Injuries: If you’ve been injured on the job, your claim may involve workers’ compensation or a negligence claim depending on the facts and available coverage.
- Pedestrian Accidents: A pedestrian has virtually no protection when hit by a vehicle, so these accidents can result in catastrophic injuries.
- Bicycle Accidents: Bicyclists are vulnerable when hit by a vehicle. While some bicyclists wear helmets, many don’t, which can contribute to traumatic brain injuries following an accident.
- Taxi and Rideshare Accidents: Taxi and rideshare accidents tend to be more complex than those that involve two personal passenger vehicles. Whether Uber or Lyft coverage applies can depend on who caused the accident and whether the driver had the app open, was waiting for a passenger, was on the way to pick up a passenger, or had passengers in the vehicle. Similar questions can arise when a taxi driver is considered an independent contractor. These claims can involve multiple insurance policies and coverage questions.
- Bus Accidents: While bus accidents aren’t particularly common, when they do occur they can cause severe injury to passengers or children in the case of a school bus. If a governmental agency owns the bus, the matter can become more complex because notice requirements and filing deadlines may be different.
- Catastrophic Injuries include traumatic brain injuries, spinal cord injuries, amputations, and other injuries that alter a life forever. These injuries can affect a person’s ability to work, live independently, and obtain needed care. The medical and financial consequences should be fully documented before important claim decisions are made.
Talk with our El Paso personal injury lawyers about the accident, your treatment, insurance communications, and the information you should preserve. We offer free consultations, and you pay no attorney fee unless we obtain a settlement or court award. Call (915) 233-6427 today.
From Injury to Recovery FAQ's to Help Start Your Journey
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What should I do if I was involved in an auto accident?Immediately after an accident, stop, don’t leave the scene and make sure everyone is okay. If there are injuries, the first call you should make is to 911. You should always call the police in the event of an accident, and cooperate and be respectful to the police and the other driver. Gather as much information as you can, including collecting the other driver’s contact information, taking photos of the vehicles and scene and collecting the contact information of any witnesses.
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What if the other driver, who caused the accident has no insurance?Your own insurance contains uninsured motorist protection and applies if the at-fault driver has no liability insurance. In Texas, uninsured motorist protection is mandatory unless you reject that coverage in writing. Uninsured motorist coverage also applies if the accident is a hit and run. In Texas, there must be contact with the uninsured vehicle for the uninsured motorist protection to apply.
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What information do I need to have to file a claim?To file a claim against the at fault driver, it is best to have a copy of the accident report, photos of the vehicles involved, the accident scene and any of your visible injuries, your own automobile insurance information, and a list of all of the medical providers who have treated you for your injuries. You are not required to give the other driver’s insurance a medical authorization or agree to a recorded statement.
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What types of compensation can I recover after an auto accident?These are the elements of damages that the negligent driver is required to pay if he or she causes an accident: all reasonable medical bills (past and future), lost wages and the lost ability to earn wages in the future, loss of household services, pain and suffering, mental anguish, permanent impairment and disfigurement. A reasonable settlement offer should include all of your medical bills, lost wages and a significant sum for pain and suffering and your other harms and losses.
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How is fault proven in a truck accident case?The Federal Motor Carrier Safety Regulations govern big commercial trucks like 18-Wheelers. These laws are designed to protect the motoring public from negligent truck drivers. These federal safety laws are also designed to ensure that trucking companies who hire negligent drivers are also accountable when their drivers ignore the safety rules of the road.
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Our insurance-side perspective, direct attorney communication, and medical-care coordination can make the claims process clearer and less stressful after a serious injury.
Contact our El Paso personal injury attorneys or call (915) 233-6427 for a free consultation about your injury and next steps.