Hire Skilled Midland, Texas Personal Injury Attorneys
Feeling overwhelmed after suffering serious injuries in a crash, work accident, or another incident?
It’s normal to feel this way, and it’s normal to have questions.
Our team at Tawney, Acosta & Chaparro P.C. can answer these questions.
We are ready to take on the legal challenges these complicated claims come with.
Please contact our office to schedule a free consultation with our personal injury lawyers in Midland, TX, and read on for some important information about your remedies.
We Represent Clients in Many Types of Personal Injury Cases
Our team at Tawney, Acosta & Chaparro P.C. has extensive experience handling a variety of personal injury claims and accidents. We advocate on behalf of victims who suffer losses due to:
Car Accidents: Driver negligence is usually to blame for auto collisions, such as those caused by speeding, failure to yield, or texting while driving.
Truck Crashes: Negligence is also a factor in many truck collisions, but these claims are usually more complex since they involve multiple parties.
Other Traffic-Related Incidents: Pedestrian and bicycle accidents can also occur when a motorist is negligent, and victims suffer severely due to a lack of protection against larger, heavier vehicles.
Oil Field Injuries: Job-related conditions are inherently dangerous on the oil field, so there are laws to protect you as an employee if you’re hurt in an accident.
Other Workplace Accidents: Though Texas employers are not required to carry workers’ compensation insurance, many do. Benefits may be available to you if you’re facing a work injury. Also, other legal remedies are available under certain circumstances.
Product Liability: Defects can occur through mistakes in design or the manufacturing process, presenting a risk of injury to consumers. If you are injured, you may have a claim against various entities within the supply chain.
Overview of Personal Injury Claims Texas
Every case is factually different, but there’s one common factor involved with most personal injury accidents: Someone acted carelessly or recklessly, and this conduct caused your injuries.
In the practice of law, we know the concept as ‘negligence’ and you’re required to prove certain facts to recover compensation.
The four essential elements are:
- You must show that the responsible party had a legal duty to exercise reasonable caution;
- You need to prove that this individual or entity breached this legal duty;
- You must establish a direct connection between the breach of duty and the accident that caused your injuries, and,
- You must prove that you suffered losses because of your injuries.
One additional requirement for recovering compensation in a personal injury case is compliance with the statute of limitations in Texas.
By law, you have two years to file a lawsuit against the party who caused your injuries. If you don’t, you cannot ever obtain monetary damages for your losses.
There are rare exceptions to this law, so it’s important to consult with an attorney right away.
Our legal team is here to help you with your case.
Your Right to Compensation After an Accident
If you can prove the essential elements of a negligence case and are within the statute of limitations, you may be entitled to monetary damages.
Financial compensation reimburses you for losses, which fall into two categories.
Our personal injury lawyers in Midland, TX will develop a strategy to recover the highest amount of damages allowed by law, including:
- Economic Damages: This category refers to readily ascertainable losses and out-of-pocket costs, such as past, present, and future medical bills. You may seek compensation for surgery, hospitalization, treatment by specialists, physical therapy, pain medications, at-home medical care, and more. You can also recover lost wages if your injuries prevent you from working or require you to work on a limited basis. Other economic damages include costs to repair or replace your vehicle and any other property damage.
- Non-Economic Damages: Though you can’t prove your losses in this category by receipts or invoices, you definitely suffer because of your injuries. Non-economic damages may include pain, suffering, emotional distress, scarring, loss of quality of life, and many others. In most personal injury cases, proving these types of losses requires consultation and testimony from medical experts.
Keep in mind that your compensation may be limited despite proof of your losses. Texas has a law on proportionate liability, sometimes referred to as comparative negligence.
Your own conduct is the focus of your acts that contributed to the accident which caused your injuries. Your compensation could drop by the amount of fault attributable to you, on a percentage basis.
Filing an Insurance Claim and Next Steps in Personal Injury Cases
In most injury-causing accidents, you’ll file a claim for compensation with the responsible party’s insurance company.
Even if you think you’ve got sufficient proof regarding the four essential elements of negligence, you may be surprised when the insurer rejects your claim or makes a counteroffer for a low amount.
The reason is that insurance companies are businesses, and your claim represents a threat to profits. Companies train employees to find justifications to avoid paying.
Then, the company may dispute the cause of the accident or the severity of your injuries.
At Tawney, Acosta & Chaparro P.C., our attorneys are adept at negotiating settlements with insurers, so you know your claim is in good hands.
We will only accept an agreement that’s fair and reasonable according to your circumstances. If we cannot resolve your claim with the insurance company, we will take the case to court to fight for your rights.
Get Legal Help from Our Personal Injury Lawyers in Midland, TX
If you are facing serious injuries through no fault of your own, solid representation is critical.
Our team at Tawney, Acosta & Chaparro P.C. can protect your interests as a victim and help you get the compensation you deserve by law.
We can explain your legal rights and remedies after reviewing the details of your case.