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The McAllen Personal Injury Lawyer Blog

The MCALLEN PERSONAL INJURY LAWYER

Injuries caused by negligence can result in major damages for a victim. McAllen personal injury attorney John Ball believes in fighting for those who have been injured in accidents. If you or someone you love one has suffered an injury, I can help you find the compensation you are entitled to assist in your loved one’s recover or your recovery. I am here to help.

I know that medical bills from injuries and the pain of a loved one’s death takes a strong emotional toll on your family. I have personally been through this. With the help of a monetary award or insurance claim settlement, you will have the financial backing you need to put the pieces back together. Whether you sustained the suffering of physical pain, or lost wages from not going to work, or even worse, have endured the loss of a loved one, I can help can help you deal with the effects. I handle the following types of cases:

  • Car accident
  • Motorcycle accident
  • Trucking accident
  • Boating accident
  • Construction accident
  • Oil rig or industrial accident
  • Head trauma
  • Auto/Pedestrian accident
  • Bus accident
  • Spinal injury
  • Wrongful death
  • Slip and fall

Dealing with Insurance Companies After An AccidentThe insurance company is not your friend. Read that again. The insurance company is not your friend. When I first began practicing law, I worked for insurance companies. I defended insurance companies and their clients from lawsuits. My job was to protect the insurance company and help them pay out as little money as possible. Insurance companies have entire teams lawyers devoted to one thing and one thing only, making sure you get as little money as possible for the injuries you sustained.

Keep in mind, like any other business, insurance companies are there to make a profit. As a result, they have numerous tactics they used to minimize, delay, and often times outright deny legitimate claims. While there is nothing wrong with wanting to be profitable, when unscrupulous claims adjusters delay, minimize, and deny legitimate claims for serious injuries and property damage, it creates a situation where your best bet is simply not to deal with the insurance companies. That is where I come in.

Under Texas law all vehicles are required to have at least liability insurance the current policies are commonly referred to as “30/60” policies. This means that there is $30,000 available for one person who is injured in an accident, for a total of $60,000 available for two or more people who are injured in accidents. While individual drivers can have, and should have higher insurance coverage, 30/60 policies are very common.

Frequently, soon after a car accident, the insurance company will call you. They call you in order to take a recorded statement from you. Their goal is to lock you into a story. Keep in mind that auto accidents happen very quickly. Accidents can often times happened so fast, the only way to know what really happened is through accident reconstruction. You are not an accident reconstructionist. Don’t guess. Don’t speculate. The insurance company is not going to guess. They’re not going to speculate. They’re going to take your recorded statement and use every word of it against you.

The goal of this recorded statement is to create an opportunity for the insurance company to blame you partially or completely for your accident. It is also an opportunity for the insurance company to fish around for other explanations regarding your injuries. They are looking for prior accidents, prior health problems, or prior car accidents that caused injuries. Their goal is to say that your current injuries are not as bad as you say they are. And even your current injuries are bad, the other driver insured by the insurance company is not to blame because you complained to your doctor about having a backache 12 years ago.

After locking you into your story and finding ways to blame you for the accident and minimize your injuries, the insurance company will offer you the lowest settlement possible think carefully before excepting that settlement. The insurance companies have offices full of lawyers fighting for them. That settlement and the releases you sign are designed to protect the insurance company And the insurance company only. Don’t leave money on the table.

If you have been injured in an auto accident, all McAllen personal injury attorney Johnathan Ball immediately. 956–501–6565.

The News Reports Show How Dangerous South Texas Roadways arehttps://valleycentral.com/news/local/mcallen-police-investigating-cause-of-fatal-accident  

UPDATE: Authorities have identified two victims who died in a weekend crash in McAllen on Saturday.

The victims have been identified as Christian Jordan Guzman, 29, of Alamo, and Taylor Nicole Crouse, 21, of Donna.

Police also stated that the driver of the vehicle, Scottie Lee Ochoa, 21, of Donna, was arraigned on Saturday on two counts of intoxication manslaughter.

Bond for each count was set at $300,000.

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McAllen Police are currently investigating a single vehicle crash that killed two people on Saturday.

The call came in before 2 a.m. on Nov. 17. A vehicle rolled over after colliding with a utility pole at the 4100 block of North 2nd Street.

Three people were in the vehicle at the time of the crash- two of them died as a result of injuries sustained.

The cause of the crash is still under investigation and charges are pending.

We will keep you up to date with the latest information.

Understanding Personal Injury Statute of LimitationsPersonal injury lawsuits and personal injury insurance settlements in McAllen, Edinburg, Brownsville, Pharr and across South Texas bring various and complex state laws may come into play. Understanding these laws and navigating them can have a huge impact on your case. In this post, I’ll give you a brief synopsis of Texas’s personal injury laws.  

Texas has Stringent Time Limits on Personal Injury Lawsuits 

Statutory limits on the amount of time you have file a lawsuit after you have been injured is called a statute of limitations. These deadlines (or Statue of Limitations) vary depending on the type of lawsuit you will be filing.

In Texas, the personal injury statute of limitations is two years from the date of the injury. In other words, you only have two years from the date of your accident to get to court and file a lawsuit against the person that injured you.

Understanding the Statute of Limitations is important because if you don’t file your lawsuit before the two-year statute runs, you will likely not be able to get into a Texas Court and  your ability to recover money from the person that injured you will be gone.  

Texas Allows the Blame for your Injuries to be Shared

It is very common that in personal injury cases the person or business that caused your injuries will actually to blame you(at least partially) for your own injuries. They will try to blame YOU for not being more careful to avoid the accident or that you did something or failed to take some action which makes you at least partially responsible. This is done because if the person that hurt you can convince a jury that you are at least partly to blame, the business or person that injured you will pay less.

Texas adheres to a system called “modified comparative negligence rule.” Simply put, it means that the amount of compensation/money you receive will be reduced by an amount that is equal to your percentage of fault. However, But if the jury finds you are more than 50 percent responsible for your own injuries, you are precluded from recovering any money at all.

Here is an example of modified comparative negligence: Imagine you are sitting at a stop light and you get rear ended by some that is texting. However, the driver’s side brake lights does not work on your vehicle as required by law. During a jury trial, the jury decides that because your brake light did not work, you are 25 % to blame (“at fault”) for your injuries. The jury says driver that hit you is 75 % at fault. You are awarded $100,000.00 by the jury. How does your 25 % share of the fault reduce your $100,000.00? Under Texas's modified comparative negligence rule, your $100,000.00 jury award will be reduced by $25,000, which represents you portion of the blame. You will therefore receive $75,000.00.

Texas law requires that courts follow this modified comparative negligence rule in any personal injury lawsuit that goes to trial. Modified comparative negligence rule is a powerful tool insurance companies use to try and reduce the amount of funds you are entitled to. Having an experienced personal injury lawyer can help you avoid this pitfall and get the most money for your injury.

If you have bee injured in an accident, call me today at 956-501-6565. That is my personal cell phone number. You will speak directly with me about your case.

 
SHOULD I HIRE A LAWYER AFTER AN ACCIDENT -MCALLEN PERSONAL INJURY LAWYER

In 2015, the Texas Department of transportation reported that one person was killed in a car crash every two hours and 26 minutes. A person was injured in a car crash every two minutes and seven seconds according to the Texas Department of transportation.

These statistics are sobering reminders of just how dangerous operating a motor vehicle can be. But the question becomes: if you are in a car accident do you really need to hire an attorney? The short answer is yes.

Here’s why: If you have been seriously injured in an automobile accident, you are likely to be taken to the hospital by ambulance. This means you will arrive at the emergency room. At the emergency room you will be looked at by at least one emergency physician, and cared for by several nurses and various medical technicians. If your injuries warrant it, you may undergo x-rays, an MRI, or a CT scan. If your injuries are severe enough, you may wind up in surgery and spending time in the hospital.

Even with insurance, medical expenses are big money. The out-of-pocket expenses alone can cost you tens of thousands of dollars. Speaking with an experienced personal injury lawyer after an accident increases your chances of recovering the out-of-pocket expenses you will incur for your medical treatment. As a result of your injuries, you will inevitably experience physical pain and mental suffering. There is simply no way around it. Bumps and bruises are painful, broken bones are even more painful, internal injuries and surgical scars can cause pain and suffering that last for weeks or months. I know because I have personally been in that situation following a car accident. And then there is the physical scarring you’re left with after surgery. Understand that you are entitled to compensation for all of these things. Texas law allows you to be fairly compensated for these injuries. If you’ve been severely injured in an accident, should you speak to an experienced personally injury attorney? Most definitely yes. The law entitles you to compensation and an experienced personal injury lawyer can help you get the most compensation.

As I discussed in a previous blog, another reason to speak to an attorney after an accident is to protect you against the insurance companies. Make no mistake about it, insurance companies are not your friends. Their goal is to pay you as little as possible, as quickly as possible. A tactic I have seen time and time again from insurance companies is to offer low settlement amounts at the start, with threats of protracted litigation if the lowball settlement is not accepted. The hope is to put the injured party in a position to be forced to accept the lowball funds funds immediately, in order to pay off mounting medical bills and help defray lost time from work.

So what is the advantage of having a lawyer? First and foremost, it is having someone that understands the economic value of your case. In other words, having an attorney who has dealt with your kind of case before and knows what kind of money insurance companies will actually pay you, versus the lowball amount first offered..

Secondly, an experienced personal injury attorney will interview witnesses, collect evidence, hire reconstruction experts when needed and ensure that the facts and circumstances surrounding your car accident are accurately relayed. This is important because insurance companies and their lawyers will do everything they can to blame you for all, or at least some of the accident. And the more the insurance company can find a way to blame you for your own injuries, the less they have to pay you.

Third, your attorney will negotiate with the insurance adjuster. Dealing with insurance adjusters after you’ve been in an accident can be a daunting task. They are experienced in negotiating and will seek to undermine your case at any point. Your attorney will act as a buffer between you and the insurance adjuster ensuring that your claim, your story, and your injuries are accurately relayed to the adjuster and the insurance company properly assesses your claim.

Lastly, if it is simply not possible to reach an amicable settlement, your lawyer will prepare the necessary documents to take your case to court. An experienced personal injury lawyer will navigate you through the complex legal process in order to bring your case to a favorable resolution, getting you all the money you’re entitled to.

If you have been injured in a car accident, call McAllen Car Accident Attorney John Ball today for a free consultation at 956-501-6565

Wrongful Death Cases - The McAllen Personal Injury Lawyer

On December 17, 1999, I was involved in a catastrophic car accident. The accident happened at the intersection of McColl and Nolana. When the paramedics arrived, I was unconscious. I had to be cut from the vehicle with the jaws of life. I suffered a collapsed long, internal bleeding, a broken pelvis, along with bumps and bruises but took months to heal. My family member died in that accident.

I understand the emotional, physical, and financial toll that car accidents take on a family. I’m particularly mindful of how destructive losing a family member can be. When a family member dies because of someone else’s negligence, there are remedies under the law.

In Texas, the remedy is to file a wrongful death claim. A wrongful death occurs when someone’s death has been caused directly by the negligence of another person or entity. Wrongful death can occur in all kinds of ways ranging from car accidents, to pedestrian auto accidents, to the negligent acts of busines admin159 ses. Texas law allows family members to sue for damages related to the wrongful death of their family members. This is found in the Texas civil practice and remedies code chapter 71. Chapter 71 allows A lawsuit to be filed for actual damages if the injury or death was caused by a negligent person or that person‘s employees or agents wrongful act, neglect, carelessness, on skillfulness, or default.

In filing a lawsuit for wrongful death family members can seek compensation for funeral costs, the loss of their loved ones wages and earning capacity, for loss of companionship along with the emotional toll that losing a loved one takes.

Taxes only allows two years to file a wrongful death claim. It is not something to wait on. If you have lost a love one because of someone else’s negligence, carelessness, unskillfulness or default, I can help. Call me today at 956-501-6565.

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I have extensive experience in personal injury litigation. For years, I represented insurance companies and their insured in lawsuits. I now use my skills and knowledge to help you. The insurance company is not your friend. They are there to pay you as little as possible, as quickly as possible. Do not settle for less than you are entitled to receive. Call me today; you always speak to me directly : 956-501-6565. Call  McAllen personal injury lawyer and car accident lawyer Johnathan Ball to protect you rights and get the maximum recovery possible.