Tag: Lawyer In Corpus Christi

A Corpus Christi Car Accident Lawyer Explains Why Negligence Can Lead To An Auto Injury In TX

Corpus Christi Car Accident Lawyers Discuss How Negligence Leads To Auto Injuries In Texas

Have you had the misfortune of being involved in a Texas auto accident and suspect that another person was to blame? This article will discuss a number of typical ways in which the negligence of other parties or their intentionally reckless acts produce serious car crashes. If you are in need of legal representation be sure to visit with a car accident lawyer Corpus Christi professional at the Law Office Of Jerry J. Trevino.

Driving While Distracted

According to data, driver error is the cause of more auto accidents in this country than any alternative explanation. Most frequently, driver error is caused by driving while distracted. Among the most common sorts of distractions that affect those behind the wheel are things such as:

* Conversing on the telephone
* Texting while driving
* Grooming
* Reading
* Drinking and eating
* Grabbing for a fallen object
* Mediating arguments between kids
* Fiddling with the radio or climate controls

There is no doubt that all of these have the ability to get a motorist’s attention away from where it needs to be. Just a few seconds of distracting behavior has the potential to cause a collision. If your crash was characterized by one or more such factors, there may be an actionable liability on the part of the other driver.

Failed Navigation

It is sometimes the case that a driver is unsure about where they are going. When this happens, they may drive far too slowly, turn without signaling, make a sudden stop or fail in their duty to yield. Negligence may indeed be the case if a driver’s navigational difficulties were to blame for your accident and subsequent injuries.

Impaired Driving

The problem of vehicle operation while impaired or intoxicated has reached very serious levels. Drivers who engage in this type of dangerous behavior need to be held responsible for the harm that results, including injuries sustained by their victims. A car accident lawyer that Corpus Christi residents can trust, will work hard fighting for the compensation you need and deserve in the aftermath of this type of event.

Driving While Fatigued

It has been found that driving while fatigued is similar in the danger posed to others as driving while intoxicated by drugs or alcohol. Drivers who are suffering from fatigue, lack the alertness and quick reactions necessary to make unanimous decisions that can potentially save somebody’s life. If your accident was likely caused by a fatigued driver, it is possible that they can be found negligent and at fault for the injuries and other losses you had to experience.

Rolling Stops

Drivers who fail to make a complete stop when necessary are often to blame for car accidents. It is possible for drivers who drive past a red light to cause major injuries to others and to be held negligent.

Excessive Speed

Texas sees an unacceptable amount of speeding on its roadways, the result of this is commonly serious collisions that leave individuals devastated. If your crash was marked by another driver’s excessive speed, it may be possible to secure substantial compensation for the harm done.

Following Too Closely

Life these days is hectic, causing too many drivers to tailgate behind the next vehicle. Even following too closely at a seemingly slow speed can produce real harm including whiplash, to other drivers if a collision takes place. It is best to get in touch with a lawyer to legally represent your case.

Reckless Operation Of A Vehicle

Negligence is often quite evident in cases that involved reckless driving. This type of conduct could include pulling a car out quickly in front of someone else or speeding in construction zones. A seasoned legal advocate can review crash reports and other facts to assess whether the reckless operation of a vehicle was likely to blame.

Novice Drivers

Teen motorists present a different kind of danger simply because they are still adjusting to life behind the wheel and working on how to prevent common errors of judgment on the roads. Further, such drivers tend to cause accidents when faced with the treacherous weather. If you were harmed by a teen driver, compensation may be available.

A Corpus Christi Attorney Talks About Common Incidents That Lead To A Wrongful Death

Top Incidents Leading To Wrongful Death Cases

When a loved one’s death is the result of another party’s negligence, it may be wise to consider pursuing a wrongful death action in the aftermath. A wrongful death case is a type of personal injury action designed to compensate surviving family members for what they have lost and also to hold negligent parties responsible. Thousands of deaths occur each year because of actionable negligence, and there are several types of fact patterns which appear more often than others. The paragraphs that follow articulate some of the most commonly litigated scenarios leading to financial recovery for victims’ families. If any of these describe what happened to your family member, consideration of a wrongful death lawsuit may indeed be wise. Contact a Corpus Christi wrongful death attorney at The Law Office Of Jerry J. Trevino for assistance.

1. Physician Malpractice

Studies have revealed that more than 250,000 individuals per year die in the United States because of medical errors. As such, these mistakes represent the third leading driver of deaths in the country. While not every victim initiates a claim under such circumstances, the massive costs of hospitalization, drug costs, and other incurred expenses lead many to do just that. The rubric of medical malpractice encompasses a wide array of negligent acts and omissions, such as:

* Failure to diagnose
* Misdiagnosis
* Mishandled labor and delivery
* Lack of post-surgical monitoring
* Surgical mishaps
* Improper administration of drugs or anesthesia

2. Car Accidents

Statistics show that in 2017, more than 40,000 individuals died in vehicle crashes across the United States. Though this represents a decline from prior years, Texas itself has seen the number of traffic deaths rise between 2015 and 2017. The reasons underlying these events include things such as driving while intoxicated, a fatigued operation of a vehicle and distracted driving. If someone you love died because another party engaged in this type of behavior behind the wheel, a wrongful death lawsuit is certainly something to contemplate. When death is the result of defectively designed or manufactured vehicle components or systems, loved ones may be able to pursue the maker of such products for the losses sustained.

3. Pedestrian And Cyclist Accidents

The same types of negligent driving that can kill other motorists can and do cause the deaths of an unacceptable number of cyclists and pedestrians. Roughly 600 individuals on foot died in Texas in the year 2015 because of a driver’s negligence. Initiating a claim in this category is not unlike doing so in the traditional auto accident context. A Corpus Christi wrongful death attorney will be able to review the facts and provide essential advice about how to move forward with such a claim and how Texas’ adherence to a comparative negligence standard may impact your recovery.

4. Defective Products Cases

The United States sees thousands of cases each year involving defective consumer products of all types. When a faulty design or manufacturing process leads to the death of a product’s user, a wrongful death claim may indeed be launched. Products that frequently form the basis of this type of litigation include prescription drugs, auto components, appliances, cosmetic devices, power tools and more.

Contacting An Experienced Corpus Christi Wrongful Death Attorney

The above list is not intended to be exhaustive, and there are numerous other kinds of circumstances capable of yielding a wrongful death claim. No matter if your loved one’s death was the result of an intoxicated driver, a faulty product or a negligent doctor, you may be able to recover substantial monetary compensation. Speak with a Corpus Christi wrongful death attorney today to learn more about the process of pursuing fairness and accountability from those responsible for the losses you have experienced. (361) 882-5605.

A Corpus Christi Truck Accident Lawyers Talks About The Reasons Why Airbags Are Important?

A Corpus Christi Truck Accident Lawyer Covers The Reasons We Need Airbags

Safety measures for vehicles have improved significantly since the late 19th century when the first gas-powered vehicles start to wobble down dirt roads. The airbag is among the most significant vehicle safety developments. Since airbags were first patented in 1951, they have been installed in near vehicle that is able to hold one. Everyone knows about them, but it seems as though many individuals take for granted their effectiveness. We trust that the airbag will keep us safe and don’t think about what they actually do or how complex they are.  If you are in this article, I will be discussing these points and try to debunk some of the common misunderstandings.

Hitting An Airbag Is Like Landing On A Pillow

One common misconception that many drivers have is that an airbag is basically a cushion that you feel during a collision. Although it is understandable why people think that, unfortunately, it isn’t true. When an airbag is hit is definitely softer compared to hitting a steering wheel or dashboard, but the explosive inflation feels more like a punch instead of a pillow. What happens during a frontal collision is the vehicles stop moving, but the occupants inside of the car continue to go forward. If there is nothing in their way, then the individuals in the front seats will end up striking the steering wheel or dashboard of the car, which when hit at a high speed are not very forgiving surfaces. In a worst case scenario, some might even be ejected through the windshield of the car. In order to counteract, airbags must use explosive force to inflate in order to create a large surface area for catching the driver. That has to be achieved in a couple hundredths of a second.

Airbags and Commercial Truck Injuries

Anything that moves fast enough while colliding with a human body – a baseball, a bullet, or anything – can injure it. It is no different from an airbag being deployed. Bodily flying into a blood that explodes forcefully outward at you will feel kind of like being shot by a pillow that was fired by a bazooka. Bruises, fractured ribs, and broken noses are very common in accidents where airbags were deployed. Although that might sound grim, anyone who was injured in that way still prefers that instead of the alternatives. There is less risk of there being deployment-related injuries with modern airbag systems compared to ones in the past. However, they still are more complicated than they appear. If anything happens to go wrong while they are being deployed, they could be very dangerous or rendered useless. If you are ever injured in an accident involving a commercial truck, you should contact a Corpus Christi truck accident lawyer right away.

They Are Not Failure-Proof Either

Some people might think an airbag is simple. How complex could a balloon be after all? For party clowns the answer might be “not very,” however more is involved with an airbag. There are several things that need to occur very precisely within 30 to 40 milliseconds of the airbag deploying. Sensors have to communicate data from the collision (direction, speed) to each other. The Electronic Control Unit (or ECU) has to trigger the detonation of the bag inflator. The actual bag will need to completely inflate within one heartbeat of time. This process requires there to be split-second interactions in between electrical elements, electronics, and also explosive materials. The difference between living and dying can sometimes be as brief as .07 seconds. If the sensor on an airbag is slow in relaying a signal over to the ECU, triggers late, or it isn’t calibrated properly, that split second may be enough time to cause serious damage. It is possible, even if rare, for shorts in electrical relays or software bugs to cause these delays. Although damage to electric systems may occur at times from regular wear and tear, manufacturer negligence is often the cause of faulty electronics. Going over a couple of bumps doesn’t account for serious malfunctions.

Don’t Take Your Airbag For Granted

It might appear that I am claiming that airbags do more damage than good. That isn’t the impression that I’m trying to convey. In most cases, airbags do deploy correctly and save lives that could have been cut short otherwise. I am just saying that the technology is not perfect. If the massive Takata recall campaign has taught us anything, it is we need to be responsible for our safety rather than just trusting we will be rescued from our own mistakes by safety measures.

For similar content, check out our blog. To speak with a Corpus Christi Personal Injury Attorney, contact us 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: 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.

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A Wrongful Death Lawyer Goes Into The Dangers Of Heat Exposure in Hot Cars That Can Cause Death

Deadly Heat Exposure in Hot Cars Can Cause A Wrongful Death in Corpus Christi

Every year, children perish in our country in a similar way. Tests conducted recently by experts show that vehicle temperatures can get to over 125 degrees F in just 20 minutes during the summer heat. The temperature got to 140 degrees F in 40 minutes and this resulted in an increase of 45 degrees over the outside temperature. In situations like this, heatstroke can happen fast and death can result. Wrongful deaths are a problem and you may need legal representation, click here for more info.

Heat Exhaustion Symptoms:

  • dizziness or lightheadedness
  • nausea
  • dark urine
  • clammy skin
  • headaches

Heat Stroke Can Lead To Death. Its Symptoms Are:

  • fever over 104 degrees F
  • fainting
  • rapid but shallow breathing
  • weak pulse
  • seizures
  • confusion

First aid for heat stroke involves removing a person from the vehicle and getting them to a cool environment. Have them lie with their feet elevated. Apply wet cloths to them to lower their body temperature. Use cold compresses on the neck, groin, and armpits. Check out a wrongful death lawyer in Corpus Christi for legal help.

Stop Heat Exhaustion With Cool Drinks

Sports beverages are helpful, too. They can stop heat exhaustion from worsening. Make your own by adding a teaspoon of salt to a quart of water. Have them sip the cool water, the salted beverage or Gatorade. In extreme cases, a person will likely be in shock. They will have trouble concentrating and have blue lips. Call 911 and administer first aid. Never underestimate the severity of heat exhaustion or stroke.

Wrongful Deaths As A Result Of Hot Cars

Each year children perish in hot cars. Athletes, too, are susceptible to dying of heat stroke on the playing field. It is important to have plenty of water. Summers in Corpus Christi are extremely hot. Use sports drinks and water to stay better hydrated when participating in sports. Start hydrating the night before you perform in a sporting event. Double check the backseat of the car to make sure no child is left behind in a hot car. Whether someone you love was exposed to heat in a car without air conditioning, it could be a wrongful death case if the person perished. If you or a loved one experiences heatstroke or heat exhaustion, get medical attention immediately.

Wrongful Death Lawsuits

These are involving the death of a person when the death was caused by someone else’s negligence. The survival of family members who are suffering can obtain monetary compensation for that suffering. The defendant will also receive a personal representative for their estate. Wrongful death claims can arise from many circumstances such as medical malpractice, automobile or airplane accidents, exposure to harmful substances on the job, criminal behavior or death during an activity supervised by a school teacher or staff member.

Meet our wrongful death attorney 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

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.

Meet our wrongful death attorney 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

Corpus Christi Wrongful Death Lawyers Address Funerals After Tragic Accidents

Funerals After Cataclysmic Accidents With Corpus Christi Wrongful Death Lawyers

Wrongful death is often traumatic for surviving families. In addition, it leads to hidden costs including burial and funeral costs. This can be a very hard time for the affected family and it is good that such a family is well informed on the bases of wrongful death. Here are things to consider:

Funeral costs you should know about

  • The individual products and services to know about include:
  • The casket and other products such as prayer cards and a temporary grave marker
  • Administrative and professional services offered by funeral homes including embalming and employee support
  • Rental of the facility and equipment which include things such as funeral home visitation room and/or a chapel
  • Transportation costs to the burial site. This may include a limousine service to transport the body to the grave
  • Incidentals which include things such as cemetery plot, flowers, and a permanent headstone

Funeral costs vary and some funerals can even cost more than 20,000 dollars. The cost of a funeral depends on how much the family can afford and how much they wish to spend on the funeral. Funeral homes often don’t list their charges in graphics and formats that are easy to read. This is why the person planning a funeral should ensure that they ask the cost of separate funeral products and services. However, this doesn’t mostly occur because it inflicts additional trauma on those who have lost their loved one. Families usually leave the planning and details of a funeral to a funeral home and only realize how much they spent on the funeral after they have buried their loved one.

Wrongful Death & Funeral Arrangements

It is true that all human beings are bonded by the fact that they will all die. Having known this, I usually advise people to plan funeral arrangements beforehand. If possible, it may be a good idea to have a lawyer, best friend or distant relative help with funeral arrangements since the family is often susceptible to a sudden accident that has claimed their loved one. Losing a loved one unexpectedly can be traumatizing. Some of the feelings expected after a sudden tragedy include anger, sadness, and sense of denial. When this happens, it is good that you turn to family members, friends, and your church as doing so will help you heal fast. It is also good to take advantage of your support group as the group will help you deal with the loss of your loved one. Keep in mind that your support group offers more than you expect. There are many support groups out there to help you deal with the loss of a loved one. Organizations like MADD usually offer support to victims and their loved ones.

Meet our wrongful death attorney 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

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

Jerry J. Trevino Personal Injury Attorney: An Introduction To The Statute Of Limitations For Personal Injury Claims

The Statute Of Limitations For Personal Injury Claims With A Corpus Christi Lawyer

Anytime somebody is injured due to another person’s negligence, there is the possibility that a personal injury lawsuit may be filed. There is rarely ever any good reason for putting off getting advice from a qualified and experienced Corpus Christi personal injury attorney as soon after the injury occurs as you possibly can. However, there are times when something happens, and not everyone thinks to act as quickly as possible. For them, the question then is, “how much time is there before I need to file a personal injury claim in the state of Texas? To answer this question of the amount of time you have for filing your personal injury claim, there are some basic facts that you must understand first. The first thing that you need to know is that there is a statute of limitations associated with each cause of action when it comes to personal injury cases. The purpose of having a statute of limitations is having a deadline set so that there isn’t an endless possibility for liability. The statute of limitations means the latest date that by law you are allowed to file a lawsuit against somebody to seek compensation for your injuries. After your time for filing a lawsuit is past you will no longer be able to file any legal claims for your personal injury damages. You need to determine what the answer is to the question of: “how much time to have to file a personal injury lawsuit?”

How Much Time Do Have To File A Personal Injury Lawsuit?

The amount of time you have for filing your personal injury lawsuit can depend on several different factors. First of all, statues of limitations vary from one state to the next. That statute of limitations also varies according to the type of claim it is and whether you are an adult or minor. Finally, certain states have special circumstances and rules that might impact the statute of limitations for certain cases. Therefore, the information is being provided as a starting point. However, you always should consult with a personal injury lawyer in the state where your personal injury was sustained in other to determine whether or not there are exceptions to your specific case. You also need to be aware that whenever there is a government agency that is involved in something that there will always be notice requirements that must be met. In general, the notice periods require you to provide specific written notice that must be made in a specific format to the designated agents of the government agency for notice within a certain set time frame that has been specified. Usually, the time frame is within 90 to 180 days of the date when the incident occurred that produced your injury. Failing to provide the notice may cause your case to be barred regardless of what the statute of limitations is in your state.

  • Statute Of Limitation For Minors

In a majority of personal injury cases, you need to be aware that the statute of limitations doesn’t start until the minor has turned 18 years old. The dates specified below refer to dates for adults only unless specified otherwise.

  • Statutes of Repose

The discovery rule is one of the exceptions that apply to statutes of limitations on personal injury claims. When a person’s negligence is not discoverable when it occurs but is discoverable only at a later date, then there are a number of states that do provide an exception to their statute of limitations for this reason. In these situations, the statute of limitations does not start until the time that the negligence should have been reasonably discovered. What a statute of repose refers is is a statute that a state legislature has adopted that determines the final date for the discovery rule. Typically the statute of repose applies to a certain area like a defective product, a medical negligence act that has been concealed, or a construction defect. If a state has an applicable statute of repose, a final date is set such as 10 years or 7 years by which the plaintiff is required to file a lawsuit or is forever barred.

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