Personal Injury Attorney in McAllen, TX
According to statistics from the Texas Department of Transportation, in 2019, there were approximately 2,581 total crashes in Edinburg, Texas, resulting in 1,217 reported injuries and six fatalities. Being involved in a traffic collision can be a difficult and emotional experience. If you or a loved one were injured in a car accident caused by another person's carelessness or negligence, you are within your rights to pursue fair financial compensation.
At The Law Office of Aaron Fonseca, I am committed to offering experienced legal guidance and compassionate representation to personal injury victims and their families. As a knowledgeable Texas personal injury attorney, I will review and investigate every detail of your case and help you understand your available legal options to recover damages. I will fight compassionately on your side to protect your rights and seek compensation to help cover medical expenses, lost wages, future medical treatment, or pain and suffering.
I proudly represent accident victims throughout Edinburg, Texas, and the surrounding areas of McAllen, Mission, and Rio Grande Valley.
Personal Injury Claims in Texas
When an individual is injured in a traffic accident caused by someone else's actions, he or she may recover damages by filing a personal injury claim. Texas is what is known as a “fault state.” This means the person who caused the accident (the “at-fault” party) will shoulder liability for any injury or damages suffered by the accident victims.
Modified Comparative Negligence Rule
Texas follows the "modified comparative negligence" rule, with a 51% bar. Under this system, a person's ability to recover damages is limited if found to be partially at fault for the crash. Also known as the 51% bar, this rule requires the injured party to be ruled ineligible to receive compensation if they are determined to have been more than 50% responsible for the accident.
For example, if the judge awards $50,000 in total damages, and your share of negligence was found to be 40%, the total compensation you will receive will be 60% of $50,000 ($30,000). However, you will only be eligible to pursue compensation if you were not more than 50% responsible for the crash.
Statute of Limitations
The statute of limitations for personal injury claims in Texas requires injury victims (drivers, passengers, bicyclists, motorcyclists, and pedestrians) to file their claims within two years of the date the crash occurred (Texas Civil Practice & Remedies Code Section 16.003).
Filing a Personal Injury Claim
In the state of Texas, a person who suffers any type of injury or property damage in a negligent auto accident can proceed by:
Filing an injury claim with their own insurance provider
Filing a third-party claim directly with the insurance carrier of the at-fault party
Filing a personal injury lawsuit against the at-fault party in civil court
The following damages may be available to personal injury victims:
Medical care costs, including future medical expenses related to the accident
Lost income or wages, including overtime, sick leave, and other benefits
Compensation for reduced earning capability
Pain and suffering
Loss of enjoyment of life
Out of pocket expenses resulting from the injury
Loss of love, affection, companionship, and comfort provided by the injured person
Work with an Experienced Attorney
Getting injured in a traffic accident caused by another party can result in devastating long-term consequences to your financial, physical, and emotional health. You don't have to go through these challenges alone. Thankfully, a knowledgeable Texas personal injury attorney can work to help protect your rights and pursue fair compensation.
At The Law Office of Aaron Fonseca, I have devoted my career to providing outstanding legal services and handling personal injury and car accident matters. As your legal counsel, I can:
Fight aggressively to protect your rights and represent your best interests
Review and investigate every detail of your situation
Gather relevant information, documentation, and pieces of evidence
Seek to prove fault and establish liability
Determine the full extent of your injuries and other losses, and estimate case-value
Handle all communications and negotiations with the insurer while you recover
Negotiate a fair financial settlement with the insurance carrier
File a personal injury lawsuit, if necessary
As an experienced personal injury attorney, I will help identify the responsible parties and work to hold them accountable. I will continue fighting on your behalf to protect your rights and help you seek rightful compensation for your injuries and damages. Having me on your side can improve your chances of obtaining a favorable outcome in your personal injury lawsuit.
Personal Injury Attorney
Serving McAllen, Texas
If you or someone you know was hurt in an accident caused by another person's actions, you can pursue fair compensation. Contact me at The Law Office of Aaron Fonseca today to schedule a one-on-one consultation. My firm is proud to represent clients throughout Edinburg, McAllen, Mission, and Rio Grande Valley, Texas. Reach out today for the help you need.