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Personal Injury Attorney in McAllen, Texas

Steve Hollingsworth

In Need of a Personal Injury Lawyer in McAllen, TX?

If you find yourself or a family member dealing with injuries caused by someone else’s negligence or through no fault of your own, the search for a capable personal injury attorney is crucial for securing the compensation you rightfully deserve. At Hollingsworth Law Firm, we understand that this process can be both time-consuming and challenging. Our dedicated team of personal injury attorneys is here to guide you through all aspects of the case. With a wealth of experience, we take pride in assisting individuals in McAllen, ensuring they are well informed about their legal rights.

Why Hire a McAllen Personal Injury Attorney?

Facing injuries can significantly disrupt your life, and the complex nature of your claim often mirrors the severity of your injuries. Seeking financial relief is crucial whether you have sustained major or minor injuries. At Hollingsworth Law Firm, our personal injury attorneys understand the financial burden that even minor injuries can pose due to medical expenses. When you hire an attorney, you gain a team that will fight for fair compensation. We ensure you aren’t burdened with the costs of recovery caused by someone else’s actions. Our attorneys provide valuable benefits, including;

  • Explanation of rights and legal advice: We help you understand your rights with personalized legal advice.
  • Documentation and claim valuation: Our attorneys document your losses and calculate the comprehensive value of your claim.
  • Liability clarification: We address and resolve liability issues to establish a solid foundation for your case.
  • Negotiation expertise: Our attorneys negotiate with the insurance company on your behalf to secure fair compensation.
  • Litigation support: In the event of a lawsuit, our team is prepared to file and represent you in court, ensuring your rights are vigorously defended.

Remember, no matter how straightforward your claim may seem, the guidance of an experienced McAllen personal injury lawyer is valuable. It ensures a comprehensive and fair resolution for a better outcome.

Personal Injury Law McAllen

What to Do Following a Serious Personal Injury

Following a serious personal injury, taking the right steps is crucial to ensure you receive fair compensation for your losses. One of the initial and crucial steps is to select an attorney. While it’s technically possible to represent yourself, having a professional greatly enhances your chances of success.

Once an attorney is on board, the next step is launching an investigation to gather evidence for your personal injury claim. This process can even begin before contacting a lawyer, helping to expedite the legal proceedings. Documenting the extent of your injuries is vital, and medical records serve as the strongest evidence in court.

In more complex cases, consulting with experts, such as accident reconstructionists, may be necessary. This is particularly relevant when the liability of the defendant is contested. Experts can provide valuable insights to strengthen your case.

Contrary to popular belief, most personal injury cases are resolved through settlements rather than trials. Negotiating a settlement is often the preferred route, especially when there is overwhelming evidence of negligence and the extent of your injuries. However, if a settlement is not feasible, your attorney will help you initiate a personal injury lawsuit.

In summary, a strategic approach involving legal representation, thorough evidence collection, documentation of injuries, expert consultation if necessary, and thoughtful negotiation or litigation is key to navigating the aftermath of a serious personal injury.

How To Know You Have a Personal Injury Case

Determining whether you have a personal injury case in Texas involves assessing three key elements under the law:

  • Establishing negligence: The central factor is proving negligence on the part of another party. In Texas, negligence does not require proving intentional harm; rather, it requires demonstrating that the other party acted carelessly, recklessly, or with a disregard for traffic laws or public safety. For instance, if another driver runs a red light and collides with your vehicle, it typically establishes negligence.
  • Linking negligence to personal injury: Even with established negligence, it is essential to prove that the negligent act directly caused specific and identifiable personal injuries. This encompasses a range of injuries, including physical harm, damage to property, or even psychological injuries attributable to the accident. The causal link between negligence and injury is a critical element.
  • Establishing compensable damages: You must demonstrate that the injury resulted in compensable damages to have a viable personal injury case. In the legal context, damages refer to the monetary compensation that an accident victim may seek from the negligent party. This involves proving both the existence and the amount of damages. This may include medical bills, property damage costs, loss of income, and other relevant financial losses.

Texas Statute of Limitations

In Texas, the statute of limitations for personal injury cases is two years from the date of the injury. Failing to file a lawsuit within this timeframe may lead to dismissal by the court, forfeiting your right to seek compensation. It is essential to be aware of this deadline — calculate it from the date of the injury and promptly take legal action to preserve your right to pursue a personal injury claim.

Contact Our Personal Injury Attorneys in McAllen, Texas

Reach out to our experienced personal injury attorneys at Hollingsworth Law Firm for dedicated legal assistance. We are here to advocate for your rights and guide you through the technicalities of your case. Contact us now for a consultation.

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Frequently Asked Questions for Our McAllen Personal Injury Attorneys

Can I still pursue a personal injury claim if I was partially at fault for the accident?

Yes, Texas follows a modified comparative negligence rule, which means you can still recover compensation as long as you are not more than 50% responsible for the accident. However, your settlement will be reduced by your percentage of fault. For example, if you’re found 20% at fault and awarded $100,000, you would receive $80,000. These calculations can become complex, especially when insurance companies try to shift more blame onto you to reduce their payout. Our team at Hollingsworth Law Firm can help protect your rights and ensure fault is accurately assessed.

What types of compensation can I recover in a personal injury case?

Personal injury compensation typically covers economic damages like medical expenses, lost wages, property damage, and future medical care costs. You may also recover non-economic damages for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability. In cases involving gross negligence or intentional harm, punitive damages may also be available. The specific damages you can pursue depend on the unique circumstances of your accident and injuries. Contact our McAllen personal injury lawyers to discuss what compensation you may be entitled to in your situation.

How long does it typically take to resolve a personal injury case in McAllen?

The timeline for resolving a personal injury case varies significantly based on factors like the severity of your injuries, the clarity of liability, and whether the case settles or goes to trial. Some straightforward cases with clear fault and willing insurance companies may settle within a few months, while complex cases involving disputed liability or catastrophic injuries can take a year or longer. It’s important not to rush into a settlement before you fully understand the extent of your injuries and future medical needs. We work efficiently while ensuring you receive fair compensation for all your losses.

What should I do if the insurance company offers me a settlement right away?

Be cautious about accepting a quick settlement offer from an insurance company, as initial offers are often far lower than what your claim is actually worth. Insurance adjusters may pressure you to settle before you’ve had time to fully assess your injuries or consult with an attorney. Once you accept a settlement and sign a release, you typically cannot pursue additional compensation later, even if your injuries turn out to be more serious than initially thought. Before accepting any offer, it’s wise to have an experienced personal injury attorney review the settlement to ensure it adequately covers your current and future needs.

Do I need to go to court for my personal injury case?

Most personal injury cases in McAllen are resolved through settlement negotiations without ever going to trial. Insurance companies often prefer to settle rather than face the uncertainty and expense of a courtroom battle. However, if the insurance company refuses to offer fair compensation or disputes liability, filing a lawsuit and potentially going to trial may be necessary to protect your interests. At Hollingsworth Law Firm, we prepare every case as if it will go to trial, which often motivates insurance companies to make reasonable settlement offers. Either way, we’ll be with you every step of the process.

Can I handle my personal injury claim without hiring an attorney?

While you have the legal right to represent yourself, insurance companies typically take unrepresented claimants less seriously and may offer lower settlements knowing you’re unfamiliar with the true value of your claim. Insurance adjusters are trained negotiators working to protect their company’s bottom line, not your best interests. An attorney understands how to properly value your claim, gather compelling evidence, negotiate effectively, and litigate if necessary. Studies consistently show that injured individuals who hire attorneys recover significantly more compensation than those who don’t, even after legal fees are paid.

What if my injuries don't appear until days or weeks after the accident?

Delayed injury symptoms are common, particularly with conditions like whiplash, traumatic brain injuries, or internal organ damage. It’s crucial to seek medical attention as soon as symptoms appear and inform your doctor that they’re related to your accident. Document everything carefully, as insurance companies may try to claim your injuries resulted from something other than the accident. Even if you didn’t think you were seriously hurt initially, you should still see a doctor promptly after any accident for a thorough evaluation. If you experience delayed symptoms, reach out to us at Hollingsworth Law Firm to discuss how this affects your claim.

How is pain and suffering calculated in a personal injury case?

Pain and suffering compensation accounts for the physical discomfort, emotional distress, and diminished quality of life you experience due to your injuries. Unlike medical bills or lost wages, these damages don’t have a fixed dollar amount, which makes them more subjective. Insurance companies and courts may use various methods to calculate these damages, considering factors like the severity and permanence of your injuries, the impact on your daily activities, the length of your recovery, and supporting documentation from medical providers and mental health professionals. Our attorneys know how to effectively demonstrate the full extent of your pain and suffering to maximize your recovery.

What happens if the at-fault party doesn't have insurance or enough insurance to cover my damages?

If the responsible party is uninsured or underinsured, you may still have options for recovering compensation. Your own auto insurance policy may include uninsured/underinsured motorist (UM/UIM) coverage that can step in to cover your damages up to your policy limits. You might also be able to pursue compensation directly from the at-fault party’s personal assets, though this can be challenging if they have limited resources. Some cases may involve multiple liable parties who can contribute to your settlement. These situations require careful legal strategy to identify all available sources of compensation.

Will I have to pay anything upfront to hire Hollingsworth Law Firm for my personal injury case?

Like most personal injury attorneys, Hollingsworth Law Firm works on a contingency fee basis, which means you don’t pay any attorney fees unless we successfully recover compensation for you. This arrangement allows injured individuals to access quality legal representation regardless of their financial situation. There are no upfront costs, retainer fees, or hourly charges, our fee is a percentage of your final settlement or court award. If we don’t win your case, you don’t owe us attorney fees. Contact us today for a free consultation to discuss your case and learn more about how we can help you pursue the compensation you deserve.

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