Category: Personal Injury

Corpus Christi Lawyers List The Types Of Personal Injury Cases In Texas

Corpus Christi Attorney: Personal Injury Claim Categories

If a personal injury suit in Texas is something you are considering, the following paragraphs describe some of the most typical kinds of cases heard in this state.

Common Texas Injury Actions

When another party’s negligence resulted in injury to you or a loved one, there are grounds for you to pursue a legal claim. In such instances, it is often possible to recover payment for medical expenses incurred, lost wages, damage to your property, pain, suffering and other categories of loss. Texas plaintiffs regularly succeed in claims of this nature, though the process is not always simple or straightforward. You should speak with a Corpus Christi Personal Injury Lawyer if you are a victim of such cases.

Injuries From Auto Accidents

There may be a strong basis for a car accident lawsuit if another motorist was to blame for the harm you suffered in a collision. Texas utilizes a system of modified comparative negligence, meaning that fault is apportioned among the parties involved in an incident. You will be free to seek compensation provided your degree of fault is less than that attributed to the other driver. Bear in mind, though, that your recovery might be lowered by the percentage of blame assessed to you personally. Therefore, if the other motorist is found 60 percent responsible for what occurred, your monetary compensation will drop by 40 percent, your portion of the blame. Texas has also imposed caps on available recovery in an auto accident. You are able to receive the greatest of three possible amounts, namely:

* The sum of $200,000
* Two times the established economic damages plus another $750,000
* Two times the established economic damages plus non-economic damage amounts

Included in the category of economic damage are things such as lost wages, vehicle damage and medical costs. Payment for pain, suffering, lost relationships and the like are considered non-economic damages.

Slip, Trip, And Fall Incidents

When another party’s negligence causes you to slip or fall and sustain serious harm, it is often possible to secure financial compensation via a premises liability action. You may pursue claims with the property owner’s insurance carrier or commence litigation in the courts. It must be borne in mind that lawsuits of this nature need to be filed within the two years following the events in question. Victims may pursue payment for medical expenses, property damage, lost wages and more. When the blame lies partly with the property owner and partly with the victim, available compensation will be proportionately reduced. If you shared in the negligence that led to the injuries suffered, the amount of your recovery will be lowered.

Dog Attacks

When a dog bite causes you to experience serious losses, there is a good chance that its owner will be required to compensate you for that harm. In many situations, it will not matter that the dog at issue had no prior history of attacking others. Corpus Christi personal injury lawyers will be able to review the facts of your case to determine how best to seek financial recovery for your medical expenses, lost income, and other damages.

Product Liability Scenarios

There are many times when injuries are the result of defectively designed or manufactured consumer products. When this happens, it is incumbent upon victims to hold the makers of those items accountable. Categories of products that are frequently involved in this type of lawsuit include:

* Children’s toys
* Household tools
* Cosmetic devices
* Appliances
* Chemically-based goods

Seasoned injury lawyers in Texas understand what is required for a successful product liability lawsuit. In many instances, there are multiple potential defendants, including manufacturers, product designers, and entities involved in the chain of consumer distribution. While these sorts of matters are highly involved and can be challenging, a knowledgeable attorney will aggressively fight for every available dollar of compensation.

Contact A Corpus Christi Personal Injury Lawyer

Additional categories of personal injury claims exist, and it may be that you are entitled to payment for another type of injury that was negligently inflicted upon you. To learn more about your rights, do not delay in scheduling a no-cost consultation with a personal injury attorney in Texas. (361) 882-5605

Getting Compensated For Work Injuries With A Corpus Christi Construction Accidents Attorney

Securing Compensation For Workplace Injury Victims Alongside A Corpus Christi Construction Accidents Attorney

Though lots of different lines of work present the potential for serious physical injury, construction jobs and the construction industry, in general, tend to be amongst the most hazardous of all. Roughly 150,000 individuals experience on-the-job construction injuries every year, and the sector is responsible for the greatest number of accident-related deaths, based on OSHA data. Laborers in the construction realm must confront a series of distinct hurdles in terms of getting the compensation they deserve. Because accident sites in Texas tend to change quickly, key evidence is often disrupted in the aftermath of an incident. Litigation in this area of the law can also be challenging due to the numerous relationships that exist between contractors, subcontractors, employees, vendors, engineers etc.

What A Construction Accidents Lawyer In Corpus Christi Can Do To Help

The Law Office of Jerry J. Trevino is staffed Corpus Christi Construction Accidents Attorneys who understand construction site accidents and how best to secure the compensation that victims need. Because construction accidents are known for the devastating injuries they yield, many workers find themselves unable to return to work in their previous capacity, if at all. The financial difficulties that follow can be severe indeed. The construction attorneys with our firm align with subject matter experts able to conduct thorough investigations into what occurred and formulate convincing legal arguments on every client’s behalf. While numerous federal regulations exist in order to keep construction sites as safe as possible, not every party is familiar with them. Should you find yourself involved in an accident that has produced serious harm, the best way to obtain full and fair compensation is to form a relationship with an attorney who grasps the nuances of construction law. In most cases, workers compensation law will apply, so knowledge in this practice area is key.

Typical Corpus Christi Construction Site Accident Scenarios

Given our firm’s substantial experience with construction site accident cases, we are fully prepared to handle a variety of incident types, including those related to:

* Ladder falls

* Scaffolding collapses

* Construction equipment tip-overs and collisions

* Trench Collapses

* Defective machinery or equipment

* Electrical burns and shock events

* Explosives mishaps

* Slip and fall incidents on site

If a construction site accident ensnares you or a loved one, the medical expenses, lost wages, and reduced earning capacity going forward can be crippling. Catastrophic harm regularly comes from these types of incidents, and this can include spinal cord damage, traumatic injury to the brain, severe fractures, internal organ damage and even death. Our Corpus Christi Construction Accidents Attorneys engage in a comprehensive investigation of the facts at hand to determine any and all parties that may share in the responsibility. It may be that a workers compensation claim, as well as a third-party claim for damages, will both be applicable in a given matter.

The Intersection Of Workers Comp And Third Party Litigation

Though securing compensation through the worker’s compensation system does not demand that you establish negligence on the part of an employer, the end result is typically less compensation than a traditional injury lawsuit might bring. Thus, it is not uncommon for our firm to examine whether a third-party negligence claim might be available in addition to a workers compensation claim. There are many parties other than the claimant’s direct employer who may share in the blame for losses sustained. These might include:

* General contracting firms

* Sub-contractors

* Equipment manufacturers

* Engineers

* Architects

* Property owners

Make Contact With A Corpus Christi Construction Accidents Attorney

It is quite possible that our firm can assist in your quest to secure payment for medical costs, lost income, physical pain and suffering, emotional distress, spousal relationships, ongoing therapy and more. We will carefully assess the specifics of your event to determine precisely what might be recoverable on your behalf. A Corpus Christi construction accidents attorney with the Law Offices of Jerry J. Trevino is prepared to leave no stone unturned when it comes to searching for the truth and identifying every single negligent party. By establishing a strong working relationship with a seasoned construction accident practitioner in Texas, you can rest assured that your matter receives the attention and zealous advocacy required. Construction site incidents can alter the lives of victims and their entire families forever, and that is why nothing should be left to chance. Whether you are in Corpus Christi or a surrounding community, we stand ready to offer a no-cost initial consultation. Make sure to contact a Corpus Christi Construction Accidents Attorney right now for legal representation. Call us at (361) 882-5605.

What Documents Do I Need To Make A Personal Injury Claim?

Corpus Christi Injury Attorney: What Documents Do You Need to File a Personal Injury Claim?

A personal injury or accident claim requires several types of documents. The documents that you will need will be determined by the type of accident, the nature of the accident, the damage that was sustained in the accident and the injury that occurred. Consult your Corpus Christi Personal Injury Attorney to find out any further documentation that may be required and how to obtain the documents. Let’s take a look at the most common documents that are needed for a personal injury claim.

Police Reports

Police reports are public record and once completed are available to everyone. It is important to note that each accident may have more than one police report, especially if there were more than one law enforcement agencies at the scene of the accident. In addition to a police report, an accident reconstruction report may be made by the police department’s special division that responded to the accident. It is important to note that police reports are not conclusive; however, they are a great place for clients to start. These reports may lead to other reports that were prepared by agencies and labs that were used by the law enforcement agency that worked the scene of the accident.

Witness Statements

Witness statements are gathered by individuals who heard or saw the accident. Witnesses may also include persons that have relevant information about the accident, such as why the accident happened, the people involved and other witnesses who may not have been initially interviewed. Witness statements can be taken from different sources like the investigating police officer, law important agencies, federal oversight agencies with jurisdiction at the scene of the injury, the injured parties and their legal representation. The Federal or State Highway Administration may want the accident documented if the accident occurs on a federal or state highway. If the accident involves an airplane, the Federal Aviation Administration may also document the accident. As you can see, there are many different legal divisions that may have witness statements so you need to be thorough when gathering witness statements. Your Corpus Christi Personal Injury Attorney can provide guidance on the different agencies that may have gathered witness statements.

Victim Or Client Statements

One of the most important documents when it comes to an accident or personal injury claim is a victim/client statement. This document should be given when the victim can best recall the events surrounding the accident. Your Corpus Christi Personal Injury Attorney will work to find out if the victim has made a prior statement to any other party other than their team of legal representatives. It is possible that the client may have accidentally given information to another individual that could alter the value of their claim or even who is at fault. Our post-accident template will help you journal the way the accident has affected your life, including reduced daily capabilities, lost time at work, travel and medical expenses and pain and suffering.

Medical Reports

Medical reports including any emergency room visits, autopsy reports, rehabilitation reports and doctor reports should be gathered. These reports should include the period of time that the injured party was under physician care and should include all information about the injuries that were sustained during the accident as well as any ongoing issues related to the accident. Records of other parties in the accident may also be obtained. Furthermore, medical records can uncover pre-existing medical conditions that could have resulted in the accident, activities that the patient should not participate in and more. These facts can be extremely relevant to filing a claim. In addition to this, these records can help determine the amount of money that can be collected for medical treatments.

Photographs and Videography

Photos and videos of the accident can be extremely helpful. These may include images taken before, during and after an accident. Many locations have video cameras to help monitor traffic patterns, storefronts and more. These videos are typically time-stamped and will provide images relating to the accident. In addition to video footage, the photographs taken after an accident will help to prove the severity of the accident and the injuries that were sustained during an accident.

Private Investigation Reports

Private investigators are often hired by insurance companies or parties involved in the accident. If the private investigator is hired by a company the report will be obtained through discovery. Discovery states that all documents must be turned over to both parties before the case can be heard. However, it should be noted that most personal injury cases are settled before the trial thanks to discovery. Private investigation reports may show who was liable and provide more information than a police report.

For related content, visit our blog. To speak with a Corpus Christi Personal Injury Attorney, contact us today by giving us a call. (361) 882-5605

An Injury Lawyer Talks About The Myths That Surround Personal Injuries In Corpus Christi

Corpus Christi Injury Lawyer: The Myths Surrounding Personal Injuries

Myth 1 – Personal Injury Cases Take a Long Time

People who have been involved in an accident and have suffered an injury often put off seeking out the assistance of a personal injury lawyer Corpus Christi professional because they believe that a personal injury case will take a long time. The truth is that most personal injury cases are resolved quickly and never make it to the courtroom. Most personal injury cases are settled before the case is ever heard by the court system. Although there are cases that are heard in the courtroom, most parties would prefer for the settlement to be reached before it heads to court because of court costs and attorney fees. While there are cases that take years for a settlement to be reached, most personal injury cases are resolved within a few weeks or months.

Myth 2 – Minor Injuries Are Not Worth Filing a Personal Injury Claim

Just because your injuries are minor does not mean that you should not file a personal injury claim. You are entitled to having all of your medical expenses covered. Oftentimes, insurance companies offer an extremely low amount of compensation, which is not even enough money to cover the medical expenses that are due to the injuries that you sustained in the accident. A personal injury lawyer Corpus Christi professional will help to ensure that you receive a fair settlement for your minor injuries that will cover your medical expenses, any lost time at work and your pain and suffering.

Myth 3 – The Party that Caused the Accident Will Be Forced to Pay Out of Pocket

Many people hesitate to file a personal injury claim because they think the other party will be forced to pay out of pocket for the settlement, and the injured party does not want to make the other party miserable. Most of the time this does not occur; instead, the person’s insurance company is responsible for providing you with a monetary settlement.

Myth 4 – People Who Have Insurance Do Not Need the Help of a Personal Injury Attorney

Even though your insurance company may cover your medical expenses, you still need the aid of an attorney to help you reach an agreeable settlement amount. A Personal Injury Lawyer Corpus Christi professional is typically better at negotiating settlement amounts. Insurance companies can only stay in business if they make a profit, which means they often offer you a settlement amount that is much lower than your coverage amounts in their first offer. An attorney who has experience negotiating with insurance companies can help ensure that you get the best settlement offer possible, even if it is from your own insurance company.

Myth 5 – A Personal Injury Claim Can Be Filed at Any Time

Most states have a statute of limitation on how long you can file a personal injury claim. A statute of limitation is the amount of time that you can file a claim. This time frame begins on the date of the accident. The amount of time to file will depend on the type of accident as well as the state that you live in. An attorney will know the amount of time that you have to file a personal injury claim.

Myth 6 – You Are Guaranteed to Get Enough Compensation to Cover Your Losses

Many personal injury cases are only offered a small amount of compensation if any. Because each case is unique, you should not think that you are automatically rewarded with an excess of money. In fact, there is no guarantee that you will receive any compensation when you file a personal injury claim. An attorney can help determine if you have a case and help to get the maximum compensation that you are due.

Myth 7 – Plaintiffs Have Multiple Opportunities to be Compensated

A personal injury claim that has been heard in court and a settlement reached is final. Additionally, if you agree on a settlement amount, you waive the right to seek out further compensation.

Myth 8 – Larger Settlements are Offered if You Hold Out

Many people believe if they do not accept a settlement offer that they will be offered a larger settlement. This sometimes works; however, it can also backfire. A personal injury lawyer Corpus Christi will work with you to help negotiate the best settlement without taking the chance on holding out on a larger settlement that may not be offered.

For more information on personal injuries and related content, visit our blog. If you would like to speak with a personal injury lawyer Corpus Christi professional, contact us today by giving us a call. (361) 882-5605

The Causes Of Temporary Paralysis With A Corpus Christi Personal Injury Lawyer

A Corpus Christi Personal Injury Lawyer Talks About The Causes Of Temporary Paralysis

Paralysis is a condition that causes a loss of sensation or function to an area of the body. This can occur if you sustain an injury or have a medical condition. One of the most common reasons for temporary paralysis is a brain or spinal cord injury. Certain types of paralysis can be irreparable, such as an injury to the spinal cord. At other times, the paralysis can be temporary. Unlike paralysis that is due to a physical injury, temporary paralysis can be treated when you seek out medical help early, which is why it is essential that you seek out treatment should you experience any type of temporary paralysis. If you have a traumatic spinal cord injury due to the negligence of another person or a company, a Corpus Christi personal injury lawyer can help.

Understanding Temporary Paralysis & Personal Injury

Temporary paralysis can be due to a genetic condition, which can leave you susceptible to temporary paralysis following an exposure to certain triggers. These triggers may include excitement, traumatic experiences, extreme temperatures, stress, and hunger. Temporary paralysis episodes result in the inability to move certain parts of the body or extreme weakness of certain body parts. If you experience temporary paralysis, it is essential that you immediately seek out medical attention. Your medical provider will work with your to obtain an accurate diagnosis and develop a treatment plan to help you avoid more episodes of temporary paralysis. There are three different types of periodic or temporary paralysis, including:

Hypokalemic Periodic Paralysis

This condition is inherited and involves the sodium channels in the membranes of the muscles becoming impaired. Furthermore, sufferers often have low potassium levels in their blood. this can cause muscle weakness that only affect certain muscle groups or it can cause complete impairment of the arms or legs.

Paramyotonia

This congenital never problems prevent muscles from relaxing after they have contracted. This paralysis occurs in the nervous system.

Andersen-Tawil Syndrome

Andersen-Tawil Syndrome is a rare genetic disorder that disrupts the flow of potassium to the skeletal muscles and heart. In addition to periods of temporary paralysis, sufferers often experience persistent weakness.

Treating Temporary Paralysis

There are several different treatments and therapies that can be used to treat the different types of temporary paralysis. However, in order to develop an appropriate treatment, you must receive an accurate diagnosis. Your doctor will typically perform a series of blood tests, including a DNA test. In addition to this, a Compound Muscle Amplitude Potential test will be used to help determine the type of paralysis the patient is experiencing. Treatment methods may include physical activity regiments, lifestyle changes, carbonic anhydrase inhibitors, oral potassium chloride supplements and thiazide to improve the patient’s kidney function to help the kidneys better retain potassium in the blood.

Corpus Christi Personal Injury Lawyer

If you have been injured in an accident and are experiencing temporary or permanent paralysis, visit your local doctor to obtain an appropriate diagnosis and treatment plan. Then contact a Corpus Christi personal injury lawyer to learn about the compensation that you may be due.

Meet the Corpus Christi personal injury lawyer. Make sure to Calling us today or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

Corpus Christi Personal Injury Lawyer: What Is the Good Samaritan Law in Texas?

Corpus Christi Personal Injury Attorneys Cover The Good Samaritan Law In Texas

The phrase “Good Samaritan comes from the parable in the Bible has is used in the current legal world to refer to a regular citizen who helps another person during an emergency or following an injury. The Good Samaritan Act in Texas in important legislation that protects people who in consideration of others act in good faith. During an emergency situation, a regular citizen might decide to try to help another individual who is in distress out of a place of genuine concern. However, due to a lack of medical knowledge, the circumstances, or many other factors, sometimes Good Samaritans end up injuring the individuals they are trying to help. In some cases, the individual who received help from a good Samaritan might claim that the person causes damages or injuries. In the event you ever experience this type of situation, it is a very good idea to have some knowledge about what your legal rights are and speak with qualified Corpus Christi personal injury lawyers about your situation.

Good Samaritan Act In Texas

Although some state laws just dictate when a person may act in the role of a Good Samaritan, there are other states that have laws that protect Good Samaritans against negligence claims if the person acted in good faith. Both are covered by the Good Samaritan Act in Texas. The act states that an individual who administers emergency care in good faith in a hospital or emergency scene is not liable for civil damages for an act that is performed in an emergency situation unless the act was wantonly or willfully negligent.

Protection Of Good Samaritans

It is critical for individuals who act as Good Samaritans to make sure that they understand that the law protects them only when they act solely out of concern for another person’s safety and in good faith and not for a reward or any other kind of motivation. The Good Samaritan Act in Texas states clearly that this law doesn’t protect people who are seeking payment for emergency assistance they provide to other individual, people who were at an emergency situation for business purposes, or for selling services, or a treating physician or admitting physician of a patient who is making a health care liability claim. Jerry J. Trevino is an experienced personal injury lawyer with decades of ongoing experience. If you need to be represented, contact him today.

Examples Of Good Samaritans With Personal Injury Lawyers

  1. Car Accident

An automobile crash is one of the more common situations that can result in a Good Samaritan dispute. A bystander might witness that accident and instinctively rush in and try to help and in the process injury a driver accidentally while trying to extract the person from the car. Without having a Good Samaritan law, the driver could end up using the person trying to help them for negligence even though the person was just trying to help them. Another example might be an injured driver in a one-car accident who tries blaming a Good Samaritan falsely for causing their injury. Maybe the driver realizes that she or he is at fault for the accident and they try using the Good Samaritan to get compensation since there isn’t anyone else to blame.

2. Damaged Car Transportation

Another example could be a tow truck driver transporting a damaged car from the accident site over to the repair shop who could face liability if further damage is caused by the tow company to the car. Although the two company is trying to help the owner of the car, they are at the accident scene for business purposes, so they wouldn’t be protected from a lawsuit by the Good Samaritan Act.

Corpus Christi Personal Injury Lawyer: Sueing Your Landlord For A Slip & Fall Accident

Personal Injury Lawyer: Am I Allowed To Sue My Landlord for a Slip & Fall Accident In Corpus Christi?

Landlords have a duty to ensure that the discussed property you are living on is as free of hazards as is possible. In Texas, there are many cases with slip & fall injuries, where it is probable to hire a personal injury lawyer Corpus Christi to sue the landlord for an amount of pain and suffering, lost wages, and medical bills that are the result of your landlord’s negligence. The following are the situations where you can sue the landlord after a slip & fall injury has occurred.

Must Prove Negligence

Not all injuries that result from slipping & fall require that a landlord pay compensation. In order for the landlord to be held responsible, he or she must have to know about the problem or should ‘ve known about it, that caused you to slip and fall. Also, the landlord must have had a reasonable amount of time to get the problem repaired and have been indeed negligent in keeping the property maintained. Even if your landlord was very negligent in ensuring that the property was safe, you must show that you exercised the due caution and attempted to avoid being injured.

Inside The Home Or Apartment

For example, say the flooring in your kitchen is beginning to come up in one place, which creates a potential tripping hazard. If you fail to inform your landlord about this dangerous flooring, then most likely your landlord will not be held responsible for any of the injuries that you suffer as a result of your fall. The land-lord had no kind of way of knowing about the floor’s condition and therefore will not be held responsible for the injuries you sustained. If you are interested in learning about the personal injury lawyer corpus Christi services we offer at The Law Office Of Jerry J. Trevino, click here.

Flooding Problem

Taking this example even further, if you have a flooding problem and call your landlord this morning, and then this afternoon you fall, most likely your landlord will not be a=liable for your injuries. Your landlord didn’t have a reasonable amount often to make the necessary repairs and therefore is not responsible. Finally, if you informed your landlord about your flooring issue and a week or month go by without your landlord making the repair. If no repairs are made after a reasonable amount of time, then most likely your landlord will be responsible and be required to compensate you for your injuries caused by the slip and fall accident.

Exterior Falls

This type of fall can be much more complex. If there is snow or ice on the side and you then slip and become injured, it might not be immediately obvious who is responsible. The terms of your lease should specify who is responsible for clearing ice and snow from the sidewalk. If it was the responsibility of your landlord, then he might be responsible for compensation for your fall.

Stair Slip And Fall

If you trip over an object on the front stairs, most likely your landlord won’t be held responsible for your injuries. Your landlord does not have a duty for keeping the stairs free of foreign objects and has no way to foresee that you may fall and injure yourself on an object he couldn’t have been aware of. However, if your stairs were in poor repair and you informed your landlord about the condition of them, then likely he will be required to compensate you for the injuries you sustained from falling on the stairs. However, you will have to show that the stairs’ poor condition was directly responsible and caused you to fall and become injured. Generally speaking, if your landlord was aware of a dangerous condition, or could have been aware of it, and failed to take action to make repairs in a timely manner, then you might be entitled to receive payment for any injuries you suffered during your fall.

For more related articles by a personal injury lawyer corpus Christi, check out the blog or contact us today by giving us a call.

 

Corpus Christi Personal Injury Lawyer: Personal Injury Damages 101

A Corpus Christi Personal Injury Lawyer Gives You Insight On The Damages In Your Case For A Personal Injury

As a resident of Texas, there is a good chance that if you were injured as a result of an accident, that you will want to investigate the possibility of getting paid damages for the injuries that you have suffered. Have your friends or family members have given you various opinions on what they think “fair” damages might be if you started a case? That is perfectly fine, but they are not attorneys, and so they don’t have the legal training for understanding personal injury damage laws in Texas. Although they might want to help you, they might unwittingly provide you with unwise and false hopes and information that can result in you not getting the compensation that you deserve and need. If you find yourself experiencing a situation related to a personal injury in Corpus Christi, it is extremely important that you take action and contact a Corpus Christi personal injury lawyer to represent your case. You do not want to put a halt on this because the longer you wait the more complex things could get. You should consider checking out the Law Office Of Jerry J. Trevino. We are here to help you get through his hard time in your life.

Bad Experiences With Personal Injury Damages

There have been radical changes, referred to as “tort reform” that have taken place when it comes to personal injury damages. This has resulted in the value of personal injury cases in the state of Texas being adversely affected. For instance, court and medical bill submission process changes have hurt many innocent victims along with their families. Making matters even worse, there are groups (who receive funding from insurance companies) who warn against “frivolous lawsuits” and “greedy lawyers” which helps insurance companies retain money and gain more control. What is the actual truth? In the state of Texas, there are two major types of damages for individuals who have sustained injuries in a personal injury case. These are human damages and economic damages. You need to have an experienced Corpus Christi personal injury lawyer to help you with this complex area of the law.

Noneconomic Damages

These are noneconomic damages. For instance, “pain-and-suffering” damages that are suffered by a victim due to an injury, are human damages. It isn’t as easy to point these types of damages as economic damages and frequently they will vary from one victim to the next. In the end, the injuries are what determine what qualifies as human damage. When it comes to personal injury cases, one of the main issues is the injury must be personal to the victims and members of their families. Keeping this in mind, the “jurors,” or independent parties, are the ones who ultimately value injuries and losses. They don’t personally know the victim or the family members, and most likely won’t want to be in court. In the state of Texas, due to complaints from the pro-insurance groups, frequently jurors are suspicious about the testimony from the victim regarding damages. If an individual is injured, it can be hard for them to view the situation through the eyes of the jurors.

Common Noneconomic Damages:

  • Physical impairment results
  • Disfigurement results
  • Physical pain and mental anguish
  • Loss of Consortium
  • No longer enjoying life
  • Loss directly related to a person’s reputation
  • The personal injury alone
  • Suffering & Pain

Economic Damages

According to tort law in Texas, monetary damages are given to personal injury victims as financial compensation for the injuries they have sustained from an accident. Typically financial compensation refers to lost wages as well as medical expenses that are necessary for treating the injuries. If you were taken to the emergency room by ambulance and then requested more care from your doctor that would be eligible for financial compensation. Or, if you were so seriously injured that you could not work and lost wages as a result, those types of expenses also would qualify If you had other medical expenses such as testing, doctor visit charges, and medication that all were required due to the injury, they would also qualify. These charges will all fall under the economic damages category. To see if you have a potential case, check here.

Punitive Damages

At times, exemplary damages, which are also called punitive damages, may result. Politicians in Texas have worked to reduce or eliminate exemplary damages in the state of Texas. This has resulted in there being a much harder burden of proof that must be med, and most cases don’t meet the conditions for submitting for punitive damages. Therefore, the act of the defendant’s must be disgraceful in order for there to be a granting of punitive damages.

Call or contact Jerry J. Trevino for legal help today. Check our blog for related content.

 

What A Corpus Christi Personal Injury Lawyer Wants You To Understand About The Texas Hospital Liens

Everything You Must Know About The Texas Hospital Liens Alongside A Personal Injury Lawyer In Corpus Christi

If you experience injuries caused by an accident in the state of Texas and discover that the injury compensation is covered by an alien, what would you do? This will provide information on the Texas hospital liens, as well as offering practical tips on how to deal with the lien. According to Texas state legislation, hospitals are provided rights that protect the hospital regarding payment of personal injury claims. For better or worse, the Texas politicians have awarded Texas-based hospitals a ‘super lien’ that includes the following factors:

  • Damage actions from personal injury claims when the individual is receiving or received treatment at the hospital.
  • Judgment pertaining to the damages from an injury that was treated by the hospital.
  • Settlement proceeds from injury claims where the injured individual sought treatment from the specific hospital after the accident.

What Are The Criteria For The Lien To Attach To Accident Settlements?

For the hospital lien to attach to the procedure of personal injury claims, the injured party needs to have sought medical treatment from the specific hospital within 72 hours of the accident. Only the first 100 days of all treatment at a hospital can be covered by a hospital lien and if the individual is transferred to a new hospital, then the new hospital will be entitled to the lien from the original hospital lien statute. To take advantage of the lien statute, it is essential that the hospital file is written notices of the lien and file the lien when faced with an injured party. This is crucial because funds cannot be received by the injured individual before the hospital lien file is recorded.

Why Didn’t The Hospital Bill The Health Insurance Company?

One trick used by many hospitals to increase their ‘bottom line’ is to refrain from billing the health insurance company after a vehicle accident. Hospitals tend to have set rate agreements with the major health insurance companies and this can place restrictions on the amount the hospitals can charge for their services. Based on this, it has been seen that the core for hospital profitability is the personal injury claim. Unfortunately, Texas state law does not require hospitals to bill the health insurance companies and case law has shown hospitals being favored in this manner. The hospital lien law code can be found in Texas Property Code Section 55.

Why Didn’t The Hospital Bill The Other Party’s Insurance Company?

Hospitals are not required to bill the other party’s insurance company and will not deal with the other driver in the accident. However, the hospital will offer notice of the hospital lien to insurance companies for the other party if possible. In this situation, the settlement proceeds from the accident will be available to the hospital.

How Do I Deal With The Hospital Lien?

Hospital service charges can be approximately two to three times more than the rate a health insurance company; therefore, it is possible that personal injury victims who are injured in accidents and have no health insurance are often overcharged. In these situations, it is highly recommended that one discuss the situation with a person who could handle the bill. Lawyers regularly deal with hospital liens and will be in a better position to acknowledge overcharging. While the liens law offers hospitals priority, the ability to refuse settlement without any proceeds to the injured party can be beneficial when obtaining reductions from the hospital.

Would I Need A Corpus Christi Personal Injury Lawyer?

Hospital collection departments are aware that the need for attorneys to assist with receipt and distribution of funds is essential and will often prefer an attorney is involved. It is for this reason that hospitals often consider the fees as an element in what the injured party will net. Corpus Christi personal injury lawyers can determine the validity of the hospital lien and argue the billing rates of other service providers.

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A Break Down Of Personal Injury Damages With A Personal Injury Lawyer In Corpus Christi, TX

The Information You Need Regarding Personal Injury Damages in the State of Texas

As a Texas resident, chances are, if you’ve been injured in an accident, you’ll want to look into getting damages as payment for the injuries you’ve sustained. Have your family members or friends offered you a variety of opinions on what “fair” damages would be if you were to start a case? That’s all well and good, but these are not lawyers and, therefore, they have not been legally trained to understand the changes in Texas personal injury damages laws. Despite the fact that they want to help, they can unwittingly give you false and unwise information and hopes which can leave you without the compensation you deserve.In the state of Texas, radical changes, otherwise known as “tort reform” occurred for personal injury damages. As a result, the value of Texas personal injury cases, for every individual, were adversely affected. For example, the process of medical bills submissions and court charges have hurt innocent victims and families. To make matters worse, groups, funded by insurance companies, warn against “greedy lawyers” and “frivolous lawsuits” all to help the insurance companies who fund them gain control and retain more money. What is the truth? Texas offers two main kinds of damages for people who are injured in a personal injury case, and that’s economic damages and human damages. Click here to see if you have a case.

What are Economic Damages?

In Texas tort law, monetary damages are damages provided to personal injury victims for financial compensation as a result of an accident. Financial compensation typically means lost wages and necessary medical expenses to treat the injury. For illustrations, if you were brought by ambulance to an emergency room and then requested to follow up with the doctor for more care, that would qualify for financial compensation. Or, if you are injured so severely that you are unable to work and therefore, incur lost wages, those sort of expenses would qualify. Or, if you have a list of medical expenses for medication, doctors visits and testing all required because of the injury, that would qualify as well. All of these charges would fall under the category of economic damages.

What are Human Damages?

Human damages are noneconomic damages. For example, when a victim suffers “pain-and-suffering” from an injury, that’s a case of human damages. These kinds of damages are not as simple to pinpoint as economic damages and often vary from victim to victim. In the end, it’s the juries that determine what would qualify as a human damage.

The most basic kind of human damages include:

  • Mental anguish and physical pain
  • A disfigurement result
  • A physical impairment result

One of the issues with personal injury cases is that the injury is personal to victims and their families. With that in mind, it’s the independent parties, or “jurors,” who ultimately value the losses and injuries, who don’t know the victim or the victim’s family members, and who probably don’t want to be in court in the first place. In Texas, due to the rantings of the pro-insurance groups, the jurors are often suspicious of a victim’s testimony regarding damages. If a person is injured, it’s difficult for them to see the situation from a jurors’ eyes.

What are Exemplary Damages?

Sometimes exemplary damages, otherwise known as punitive damages, result. Texas politicians have worked to reduce and even get rid of exemplary damages in Texas. As a result, there’s a much more difficult burden of proof to reach, and the bulk of cases don’t have the conditions for punitive damages submission. Therefore, a defendant’s act must be disgraceful for there to be punitive damages granted.

Meet our Corpus Christi personal injury lawyer in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles