Rio Grande Valley Personal Injury Lawyer
Texas personal injury law recognizes the right of individuals to seek compensation for injuries and other losses caused by the actions of third parties. If you have suffered an injury as a result of someone else’s negligence, contact an experienced personal injury attorney to get justice and recover financial compensation.
At Tijerina Legal Group, we believe in fighting for what is right. Our personal injury attorneys are exceptionally qualified and have years of experience in handling a diverse range of personal injury claims, from car accidents to slip and fall injuries. We are ready to provide you with the aggressive legal representation you need and will fight relentlessly to maximize your compensation from all the liable parties.
Call us today at 956-777-7770 to schedule a free consultation with a seasoned Rio Grande Valley personal injury attorney at our law firm.
Proper Medical Care After an Accident Can Protect Your Rio Grande Valley, TX, Personal Injury Claim
The duty to mitigate damages is a legal doctrine under which you must take reasonable steps to minimize the harm and losses caused by your injuries. These include seeking medical attention promptly, following your doctor’s instructions, attending all scheduled appointments, taking prescribed medications as directed, and maintaining medical records. Apart from this, you should not engage in any activity that can worsen your injuries or health condition.
If you fail to take these steps, the at-fault party’s insurance company might argue that your failure to mitigate damages contributed to the severity of your injuries and prolonged your recovery. They might even argue that you deliberately failed to take these steps to seek more damages from the at-fault party. As a result, the amount of compensation you can recover could be reduced significantly.
Remember, your actions following an injury can significantly impact how your case is perceived by judges, juries, and opposing parties. By focusing on your recovery and taking proactive steps to mitigate damages, you can bolster the credibility of your claim and demonstrate your commitment to resolving the situation responsibly.
Why You Should Avoid Talking to the At-Fault Party’s Insurance Company After an Accident
Following an accident, refrain from talking to the claims adjuster from the at-fault party’s insurance company. Allowing your personal injury lawyer in the Rio Grande Valley to handle all communication with the insurance company can help you avoid common pitfalls that can affect your claim. These include:
Answering Leading Questions
Insurance adjusters are skilled at asking leading or confusing questions about your injuries and your medical treatment that could potentially harm your case. They might ask questions designed to elicit responses that could be used against you later on.
For example, questions like “How are you feeling today?”, “Would you say that your injuries have improved slightly after the accident?”, “Did you have any pre-existing injuries or medical conditions before the accident?” might seem innocent, but your response to these questions could be twisted to downplay the severity of your injuries.
Accepting a Lowball Offer
Insurance companies know that following an accident, you might be under financial strain and might be eager to get a settlement quickly. They might try to capitalize on this vulnerability by presenting a seemingly attractive settlement offer with a tight deadline. They might tell you that it’s their final offer to pressure you into accepting it.
The fact is that the initial settlement offer from the insurance company is often far below the actual value of your claim. It might not account for all of your damages—including future medical expenses and loss of future earning capacity. Accepting such a low offer might leave you in a financially vulnerable position where you might be unable to cover your ongoing expenses and losses.
Compromising Your Legal Strategy
Anything you say to the insurance company can potentially be used against you in negotiations or court proceedings. By allowing your lawyer to handle all communication with the insurance company, you can make sure that your legal strategy remains intact and that you don’t inadvertently provide information that could weaken your case.
It’s important to note that you are not legally obligated to give a recorded statement to the insurance company or sign any document related to your accident. You can simply tell them that you do not want to give a statement and direct them to your lawyer.
How the Insurance Company Might Exploit Texas’s Comparative Negligence Law to Their Advantage and How We Can Help You
Texas follows a modified version of the comparative negligence doctrine, which applies to all personal injury claims. The key provisions of the doctrine include:
Fault-Based Reduction in Compensation
If you contributed to the accident in any way, you can still recover compensation, but your recoverable compensation will be reduced depending on the extent to which you contributed to the accident and the percentage of fault assigned to you. For example, if you are found to be 15% at fault and your recoverable compensation amounts to $100,000, it will be reduced by $15,000 and you will only be paid $85,000.
The 51% Rule
If you are found to be 51% or more at fault for the accident, you will lose your right to recover compensation from the at-fault party. Insurance companies in Rio Grande Valley often try to use this law to their advantage by unfairly blaming victims for their own injuries.
For example, the insurance company might argue that you were distracted, reckless, or failed to notice a hazard that was open and obvious. They might argue that your own negligence contributed significantly to the accident.
If the insurance company manages to successfully establish that you were partially at fault for the accident, your compensation could be reduced significantly. This is one of the most important reasons why legal representation is so important in a Rio Grande Valley personal injury claim.
At Tijerina Legal Group, we are well aware of the unfair and unethical tactics used by insurance companies to reduce the compensation of personal injury victims. We can investigate the cause of your accident and gather a wide range of evidence to demonstrate the other party’s fault and minimize any potential fault attributed to you.
By presenting a compelling case that outlines the other party’s liability and the extent of your injuries, we can negotiate with the insurance company from a position of strength and help you get a fair settlement. Our legal team will not allow the insurance company to take advantage of Texas’s comparative negligence law to unfairly reduce your compensation.
The Pitfalls of Settling Quickly with the Insurer When You Have Suffered Injuries
If you have suffered catastrophic injuries in an accident, consult your Rio Grande Valley personal injury attorney before you accept any settlement. The disadvantages of settling hastily in claims involving serious or catastrophic injuries include:
Not Knowing the Full Extent of Injuries
Personal injuries often have far-reaching consequences that might not be immediately apparent. Settling quickly without fully understanding the extent of your injuries can result in accepting a settlement amount that fails to adequately compensate you for your medical expenses, rehabilitation costs, and other related damages.
Future Treatment Needs
Personal injuries might require ongoing medical treatment, therapy, and care for an extended period—in some cases, indefinitely. Settling quickly without accounting for these future treatment needs can leave you without the financial resources necessary to cover ongoing medical expenses and rehabilitation costs.
Impact on Future Earning Potential
Personal injuries can have a significant impact on your ability to work and earn a living—both in the short term and for the rest of your life. Settling quickly without considering how your injuries might affect your future earning potential can result in accepting a settlement amount that fails to account for your diminished earning capacity and the financial losses you stand to incur in the long term.
Loss of Legal Rights
Once you accept a settlement, you typically waive your right to pursue further compensation for your injuries. If unforeseen complications arise or if your condition worsens in the future, you will not have any options to seek additional compensation. It is one of the most important reasons why you should fully understand the long-term implications of any settlement offer before agreeing to it.
How Our Experienced Personal Injury Lawyers Can Leverage Their Trial Experience to Maximize Your Compensation
At Tijerina Legal Group, we have extensive experience in litigating personal injury claims and bring a wealth of courtroom experience to the table. Here’s how we can leverage our trial experience to recover fair compensation for you.
Thorough Case Preparation
We will begin by thoroughly preparing the case, gathering evidence, conducting investigations, and analyzing legal precedents. This comprehensive preparation demonstrates to the opposing party that we are ready and willing to proceed to trial if necessary, which can help us gain leverage in settlement negotiations.
Presenting Strong Legal Arguments
We will use our legal expertise to craft and present strong legal arguments supporting your position. By highlighting the legal merits of the case and identifying weaknesses in the opposing party’s arguments, we can strengthen your bargaining position and persuade the opposing party to offer a more favorable settlement.
Demonstrating Willingness to Litigate
Throughout the negotiation process, we will signal to the other party that we are fully prepared to proceed to trial if necessary and are serious about pursuing the matter to the fullest extent to achieve a favorable outcome for you.
We will strategically communicate the potential outcomes of taking your case to trial to the other party—including the risks and costs associated with litigation. By highlighting the potential consequences of not reaching a settlement—including the uncertainty of trial verdicts and the additional expenses involved—we can incentivize the opposing party to settle on more favorable terms.
Highlighting Strengths of Your Case
During negotiations, we will emphasize the strengths of your case—including the compelling evidence we have, favorable legal precedents, and testimony from credible witnesses. By showcasing the strengths of your case and the weaknesses of the opposing party’s position, we can exert pressure on the opposing party to offer a favorable settlement.
Utilizing Timing and Patience
Timing can be crucial in settlement negotiations and we know when to push for a settlement and when to exercise patience. By strategically timing settlement offers and leveraging deadlines or upcoming events like trial dates or key evidentiary rulings, we can gain additional leverage in negotiations.
Damages We Can Recover for You in a Rio Grande Valley, TX, Personal Injury Claim
- Medical Expenses: This includes compensation for past, current, and future medical bills related to the injury, including hospital stays, surgeries, doctor visits, medication costs, rehabilitation, therapy, and assistive devices.
- Lost Wages: This includes compensation for lost earnings and loss of future earning capacity, including lost opportunities for promotions or career advancement.
- Pain and Suffering: This includes compensation for the physical pain, discomfort, and emotional distress caused by the injury as well as any mental anguish or psychological trauma resulting from the accident.
- Disfigurement and Scarring: This includes compensation for visible scars or disfigurement resulting from the injury, which can have lasting effects on your appearance and self-esteem.
- Permanent Disability or Impairment: If the injury results in permanent disability or impairment, our personal injury lawyer in the Rio Grande Valley can seek compensation for the loss of enjoyment of life, loss of independence, and diminished quality of life.
- Loss of Consortium: If your injury has affected your relationship with your spouse or family members, we can seek compensation for the loss of companionship, affection, and support suffered by loved ones.
- Punitive Damages: In cases involving egregious conduct, gross negligence, or malicious intent on the part of the defendant, we can seek punitive damages on top of the compensatory damages you are entitled to.
Apart from this, we can also seek compensation for the legal costs and fees associated with your personal injury lawsuit as part of your settlement.
Choose Our Award-Winning Rio Grande Valley Personal Injury Lawyers to Maximize Your Compensation
At Tijerina Legal Group, we understand how devastating the consequences of personal injury accidents can be. We are committed to providing the highest level of legal representation to personal injury victims and their families in the Rio Grande Valley.
Whether you want to file a personal injury claim or a wrongful death claim, we can handle every step—from collecting strong evidence to negotiating aggressively with the insurance company and staying fully prepared to go to trial if needed.
Our founder, Humberto Tijerina, is a highly-rated personal injury lawyer in the Rio Grande Valley who has received some of the highest honors and awards in the industry for his dedicated service over the years. An experienced civil litigator, Humberto Tijerina knows how to leverage his courtroom experience to get a fair settlement for his clients.
Our personal injury lawyers are recognized for their legal knowledge, negotiation skills, and tenacity. Insurance companies are often willing to consider a fair settlement once they recognize that we will not back down from a legal challenge. With us on your side, you don’t have to worry about getting shortchanged by the insurance company.Call our personal injury law firm today at 956-777-7770 or fill out our online contact form to schedule a free, no-obligation consultation with a trusted McAllen personal injury lawyer.
Reviewed by Humberto Tijerina
Personal Injury Attorney in Rio Grande Valley
When you have been injured because of someone else, you need a team with the power to win and the compassion to walk alongside you as you recover.
You WIN or you don't pay us.
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Founded by Rio Grande Valley native Humberto Tijerina, the Tijerina Legal Group serves clients in Brownsville and its surrounding cities. We believe every client deserves efficient, personal, and respectful client service, and we back our commitment by offering our T-No Fee Guarantee. If we don’t win your case, you won’t pay a dime.
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