FREQUENTLY ASKED QUESTIONS

The compensation available for a personal injury case depends on the details of your case. It may involve reimbursement for medical bills, lost income, property damage, pain and suffering, or emotional distress, among other damages.

Research personal injury attorneys online, get recommendations from friends and family, or schedule a consultation appointment with an attorney to see if they are a good match for you and your case. It’s important you agree with them on how to proceed with your case before making your decision.

Texas law states that a plaintiff must file a personal injury claim within two years of the event causing the injury. If you want to ensure that you receive compensation for your personal injury, contact a personal injury attorney for help filing your claim in a timely manner.

Because pain and suffering is an intangible loss, the amount of compensation you receive can vary depending on the facts of your case. While it might be helpful to estimate the amount using an online pain and suffering calculator, you can get a more accurate number by speaking with a personal injury attorney. An experienced attorney can evaluate your case and give you a better understanding of the compensation you may receive.

When someone who has suffered a personal injury must provide evidence to validate their claim, it is essential that what they offer is relevant to their situation. Examples of evidence needed to provide your personal injury include:

• relevant physical evidence, including photos of the injury
• documentation of injury such as medical reports
• accident evidence
• evidence from the scene of the incident
• witness testimony
• photo/video proof

You should also work with an experienced attorney to have the best possible chance of proving your personal injury claim.

1. Inform your employer; injuries must be reported to employers within 30 days in Texas
2. Schedule a doctor’s appointment and establish well-documented records of your injury
3. File a claim with the Texas Department of Insurance within a year of the incident
4. Speak with an attorney who can advocate on your behalf

Most attorneys get paid on contingency, meaning they don’t get paid unless you do. In many cases, you and your attorney will agree on a percentage amount that they will receive once you get compensation. You can also discuss how additional fees, such as litigation and filing, will be paid.

While there technically isn’t anything preventing you from handling your own personal injury case, you may not get the results you’re hoping for if you do. Without an attorney, the insurance company may try to take advantage of you and offer you a lower settlement amount. You may also run into hidden fees and delays in your personal injury case. A personal injury attorney knows how to navigate the legal system and can use their knowledge and experience to get you the maximum compensation for your injury.

Most slip-and-fall injuries are caused by everyday accidents in our homes. However, if you were injured by a fall in a public place, you may be able to make a claim for compensation from the property owner or their insurance. There is a simple three-part argument that you will need to make in order to prove the property owner was liable for your accident:

1. The Liable Party Had a Duty of Care — This means that the responsible party should have taken steps to prevent slip-and-falls at their residence or place of business. For instance, a business’s floors need to be level, stairs clearly marked, and signs should be placed near any spills or wet spots.
2. The Liable Party Knowingly Failed in Their Duty of Care — This one is simple: the responsible party failed to prevent your injury. As an example, if a store does NOT fix a step that has led to previous injuries or fails to mark wet floors, this is considered to be a failure in their duty of care.
3. The Failure Lead To Your Injury — You need to prove a direct connection between your fall, the responsible party’s failure in their duty of care, and that this failure resulted in your injury.

In Texas, there are specific circumstances under which a person can make a personal injury claim for a dog bite. First, they will need to meet the “one bite rule”: under this rule, a dog owner cannot be held liable for the first time their dog bites someone. Instead, the bitten party has to show that the owner knows their dog has bitten someone at least once before and failed to properly restrain or take precautions to prevent further bites.

It should be noted that this standard can count for other injuries caused by a dog. For instance, if a dog knocks someone over and injures them, that person can make a claim so long as they can prove the owner knew about the dangerous behavior and failed to protect the injured party or correct the issue.

Yes, you can file a claim against the responsible driver’s insurance, unless the accident was caused by your own negligence. If the accident was caused by another party, and their insurance company denies your claim, you may need to file a personal injury lawsuit to get the compensation you’re owed.

If you’ve been injured in a Texas car accident, you may be entitled to compensation under Texas law if your accident was caused by someone else. Whether your injury is minor or severe, you may face medical bills, vehicle repairs, and time off work. Your insurance company may try to offer you a settlement that is less than you expect. A car accident attorney can help you get the compensation you are owed for your car accident injuries.

If you were involved in a minor car accident, you may be hesitant to call the police because of their hectic schedules and high demand within your city. However, you have a legal obligation to report any accident that causes significant damage. Because the damage done by minor accidents can be more significant than it first appears, it is in your best interest to call the police following a car crash. Failure to do so in serious cases could result in criminal charges or fines, and failing to report minor collisions may jeopardize your ability to file an insurance claim.

Texas is not a no-fault state. Anyone who is deemed responsible for an injury will be held liable to pay the damages and fees.

Unless your case is minor, it’s always best to speak with your attorney before your insurance company after an accident. Insurance companies often use a variety of tactics to lower your compensation and stall your claim. An experienced car accident attorney knows how to deal with the insurance company and can help you collect the proper documentation for your case. Hiring an attorney also shows the insurance company how seriously you’re taking the case, which can help you get the compensation you deserve.

1. Check for Injuries—The very first thing you should do is check yourself and your passengers for any injuries.
2. Move to a Safe Place—If your vehicle can still move, try and drive it to a safe location off the road. Please be aware that the safest place you can be after a crash is in your vehicle; do not attempt to stand near the road for whatever reason.
3. Call for Emergency Assistance—While you may not need an ambulance, you will definitely need a police report!
4. Get Medical Care ASAP if Needed—Getting medical attention ASAP can help you prove your injury was caused by your accident in any claims for compensation.
5. Write Down Everything You Can Remember About the Other Vehicle and Driver—Even a basic description can help police narrow down who actually hit you.
6. Call an Attorney—Dealing with a hit-and-run is a giant headache. Consider seeking out the support of an experienced attorney.

Depending on the specifics of your situation, you may be able to recover both economic and non-economic damages.  Economic damages are meant to compensate you for measurable losses that have a specific cost associated. This can include anything you paid out of pocket after your Texas car accident.

• Medical bills, including those you’ve already paid and future expenses
• Lost business opportunities
• Lost wages and income
• Repair or replacement costs for your vehicle or other damaged property
• Funeral expenses

Non-economic damages are losses that cannot easily be measured. Non-economic damages can include a wide variety of non-monetary harm:

• Disability or disfigurement
• Pain and physical suffering
• Emotional suffering
• Physical or mental impairment
• Compensation for the injury itself
• Loss of enjoyment of life such as previous hobbies
• Loss of consortium

Typically, courts use a specific formula to determine the amount of compensation available, with a maximum limit. Proving these sorts of claims can be a bit more challenging than economic damages. Your car accident lawyer can help you validate your claims.

You’ll likely need a way to get around after you have been involved in your Texas car accident as it can take time for car repairs. In these instances, you may need to obtain a rental car, although this can quickly become quite expensive.

If you weren’t at fault in the accident, the other driver’s insurance company may pay for a rental car for the duration of time it takes for your vehicle to be repaired.

However, if you were at fault, your insurer may or may not cover a rental vehicle. You’ll need to reach out to your insurer to determine if they will cover the cost of a rental car.

Car accidents happen every day in Texas, but you may not realize just how common they are. Here are some important Texas car accident statistics from 2021:

• A reportable crash occurred every 57 seconds. One person was injured every two minutes while someone died every hour and 57 minutes.
• There were 552,224 crashes in the entire state. Over 400,000 of these happened in urban areas.
• Over 19,000 people suffered serious injuries in Texas car accidents and another 82,000 suffered minor injuries.
• There were 4,489 fatalities spread over 4,060 crashes throughout the whole state. 2,291 people died in rural areas while 2,198 people died in urban areas.

Poor road maintenance can easily cause an accident. Things like potholes, poor design, uncleared ice, or wheel ruts can all cause an accident, even if you’re a safe driver.

Since the roads are maintained by cities, counties, and state organizations you will need to file a claim against the government. Make sure you document the road conditions that caused your accident and talk to an experienced personal injury lawyer. You’ll likely need legal help to get the compensation you deserve.

Semi-truck accidents can be different when it comes to the steps you need to take following the incident. It can be more challenging to get compensation from trucking companies in comparison to a traditional car accident, so you need to be thorough in the steps you take following a semi-truck accident.

1. Move out of the way of traffic if your vehicle still functions.
2. Check yourself and your passengers for injuries.
3. Call for emergency services including local law enforcement.
4. Check on the truck driver.
5. Gather important evidence like witness contact information and as many photos as you safely can.
6. Wait for help to arrive.
7. Secure the appropriate information needed so you can obtain a police report.
8. Contact a semi-truck accident lawyer.

If you’ve been involved in an 18-wheeler accident, you’ll be facing the trucking company’s legal team. Make sure you have an experienced semi-truck accident attorney on your side.

The team at The Villalobos Law Firm knows how to fight and win you the justice and compensation you deserve.

Trucking companies have a whole list of tricks they may try to use to avoid paying out for your semi-truck accident. In many instances, those responsible for the accident may do the following:

• Say a third party was at fault for the 18-wheeler accident.
• Destroy evidence on the truck or in their records to disprove your claim.
• Claim your injuries are pre-existing or non-existent.
• Delay your case so you’ll accept a lower amount.

Claim your evidence is weak or that it does not prove the company is liable.

Because most passenger cars are low enough to the floor to slide under a semi-truck, many 18-wheelers have implemented the use of underride guards to better protect the lives of other drivers. This is because the guards block the underside of the truck so a car cannot fit underneath.

Underride guards have become critical to the safety of passenger vehicles. While they can’t prevent all semi-truck accident injuries and fatalities, they can make them less severe.

If you’ve been in an 18-wheeler accident, trust the experienced personal injury lawyers at The Villalobos Law Firm to get you the compensation you deserve.

Commercial motor vehicles are those used for business or other commercial uses. This includes buses, semi-trucks, tanker trucks, and delivery trucks.

• Poor road maintenance or confusing signage
• Unrealistic time frames from the trucking company
• Distracted driving
• Fatigue
• Poor vehicle maintenance
• Bad weather
• Insufficient driver training
• Reckless driving such as speeding

Trucks have big blind spots that are also called “no-zones.” The 30 feet behind the vehicle, 20 feet in front, and most of the sides are all no-zones. If you drive in one of these no-zones, the driver can’t see you and may hit you if they need to slow down or make a sudden turn.

It’s important to figure out who is actually liable for your McAllen truck accident. Most trucking companies will pass the blame so your truck accident attorney will need to investigate your accident to determine who is responsible for the damages you have suffered.

Here are a few parties who may be liable for the accident:

• The semi-truck driver
• The trucking company or carrier
• The owner of the cargo
• The local government responsible for the road
• Contractors who designed or maintained the road
• The manufacturer of the truck
• The company that made the parts used on the truck
• The maintenance company
• Other vendors who provide services to the trucking company