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McAllen, United States Attorneys in related practice areas.
Accidents and injuries law covers legal claims that arise when someone is hurt because of another person or entity's negligence, carelessness, or intentional action. In McAllen, Texas, these cases commonly involve motor vehicle collisions, slips and falls, workplace injuries, dog bites, and medical malpractice. The goal of a personal injury claim is usually to obtain compensation for medical expenses, lost wages, pain and suffering, and any long-term impacts the injury causes.
Cases in McAllen are governed primarily by Texas state law, alongside local rules and procedures for filing cases in Hidalgo County courts. Local practice, including common insurers, typical jury expectations, and court calendars, can affect both how a case is handled and how it is valued. Because every case is different, early steps such as medical treatment, evidence preservation, and timely notice to insurers or government entities are important to protect legal rights.
Many people benefit from hiring a lawyer after an accident or injury for several reasons:
- Complex legal rules. Statutes of limitation, comparative-fault rules, insurance law, and special procedures for suing government entities or medical providers can be complicated.
- Insurance company tactics. Insurers often investigate claims quickly and may offer low settlements before the full extent of injuries is known. A lawyer can negotiate and push back when an offer is inadequate.
- Evidence collection and case building. Attorneys can gather police reports, medical records, witness statements, expert opinions, and preserve other key evidence that supports your claim.
- Valuing damages. Lawyers help calculate total damages, including future medical needs, long-term lost earning capacity, and non-economic damages such as pain and suffering.
- Litigation and court representation. If a fair settlement cannot be reached, an experienced attorney can file suit and represent you in court, including handling discovery, motions, and trial.
- Contingency-fee representation. Many personal injury lawyers work on a contingency-fee basis - meaning they get paid a percentage of any recovery. This allows people without funds for hourly legal fees to pursue claims.
Key legal points and local rules to know in McAllen and the State of Texas:
- Statute of limitations. In Texas, most personal injury and wrongful-death claims must be filed within two years from the date of the injury or death. Missing this deadline can bar your claim. There are exceptions for certain claims and for claims against government entities.
- Comparative fault rule. Texas uses a modified comparative-fault system with a 51 percent bar. This means a claimant can recover damages only if they are less than 51 percent at fault for the accident. The claimant"s recovery is reduced by their percentage of fault.
- Auto insurance minimums. Texas requires minimum liability coverage from drivers. Common minimums are expressed as 30/60/25 - meaning coverage amounts per person, per accident, and for property damage. Whether you have uninsured or underinsured motorist coverage can affect your options after a crash.
- Government claims. If your claim is against a city, county, or other government entity, Texas law often imposes special notice and shorter filing deadlines. For many governmental tort claims, you must provide written notice within a specified time period and follow particular procedures before suing.
- Venue and courts. McAllen is in Hidalgo County. Small claims and minor disputes may be handled by Justice of the Peace courts, while more significant personal injury actions typically go to county courts at law or district courts. Local filing rules and court procedures will apply.
- Special categories. Medical malpractice, workers" compensation, and product liability claims have special rules. For example, medical-malpractice cases may require expert medical affidavits and have detailed pre-suit requirements. Workers" compensation often provides the exclusive remedy for many workplace injuries, with limited exceptions for employer negligence outside the workers" comp system.
- Evidence and proof. Texas uses the preponderance of the evidence standard in civil personal injury cases - meaning the plaintiff must show it is more likely than not that the defendant"s negligence caused the injury.
Seek medical attention first. Report the accident to the police if required or if there are injuries. Document the scene with photos, collect contact information for witnesses, get a copy of any police report, and preserve any physical evidence. Notify your insurance company as required but avoid giving a recorded statement without speaking to a lawyer if possible.
For most personal injury and wrongful-death actions in Texas, you have two years from the date of the injury or death to file suit. There are exceptions and special rules for certain claims, including those against government entities and some medical-malpractice claims, so consult an attorney promptly to protect your rights.
Yes. Texas uses a modified comparative-fault rule. You can generally recover damages if you are less than 51 percent at fault. Your award will be reduced by your percentage of fault. If you are 51 percent or more at fault, you are typically barred from recovery.
You should report the accident to your own insurer as required by your policy. Other insurers may contact you for a statement. Be cautious - you do not have to provide a recorded statement or accept a quick settlement before you know the full extent of your injuries. Consider consulting a lawyer before giving detailed statements or signing releases.
Typical damages in personal injury cases include medical expenses, current and future lost wages, loss of earning capacity, property damage, and non-economic damages like pain and suffering. In rare cases involving egregious conduct, punitive damages may be available to punish wrongdoing and deter similar acts.
If the at-fault driver is uninsured or underinsured, your options can include pursuing an uninsured/underinsured motorist claim under your own policy if you have that coverage, suing the at-fault driver directly, or seeking compensation from other responsible parties if applicable. Discuss your insurance coverages and legal options with a lawyer.
Many personal injury lawyers handle cases on a contingency-fee basis, meaning they only get paid if you recover money. The fee is typically a percentage of the recovery and can vary depending on the attorney and the complexity of the case. There may also be out-of-pocket costs for experts and filing fees, which are often advanced by the lawyer and reimbursed from the recovery.
Yes. Claims against government entities usually require strict compliance with notice and procedural requirements, and deadlines can be much shorter than ordinary statutes of limitation. For example, you may need to provide written notice of the claim within a limited number of days or months. Consult an attorney promptly if a government entity may be responsible.
You can file an insurance claim on your own, but a lawyer can help maximize your recovery, negotiate with insurers, and protect your rights. If your injuries are serious, the liability is disputed, or the insurance company is not offering fair compensation, hiring an experienced attorney is strongly recommended.
Resolution time varies widely. Some cases settle in a few months if liability is clear and injuries are minor. More serious or disputed cases can take a year or more, and litigation that goes to trial can take several years. Early medical treatment, thorough documentation, and timely legal action can help move a case forward more efficiently.
Helpful organizations and government bodies to contact or research when you need legal help with accidents and injuries in McAllen:
- McAllen Police Department - for police reports and accident documentation.
- Hidalgo County Clerk and Hidalgo County Courts - for filing and local court information.
- Texas Department of Insurance - for questions about insurance requirements, disputes, and consumer protections.
- Texas Department of Transportation - for information about traffic safety and reporting hazardous road conditions.
- Texas Office of Court Administration - for statewide civil procedure and court rules.
- State Bar of Texas - Lawyer referral services and information on choosing a lawyer.
- Local bar associations and legal aid organizations - such as Hidalgo County Bar Association and legal-aid providers serving the Rio Grande Valley - for referrals or low-cost assistance.
- Hospitals and trauma centers in the McAllen area - for immediate medical care and records.
If you were injured or involved in an accident in McAllen, consider taking these steps right away:
- Seek medical care. Your health is the top priority and early treatment helps document injuries.
- Preserve evidence. Keep photos, medical records, repair estimates, bills, wage records, and any correspondence related to the accident.
- Report the accident. Obtain a police report if applicable and notify your insurer according to policy requirements.
- Do not accept quick settlement offers without understanding the full scope of your injuries and future needs. Insurance companies often make early low offers.
- Consider a free consultation with a personal injury attorney experienced in McAllen and Hidalgo County matters. Ask about contingency-fee arrangements, experience with similar cases, local court experience, trial readiness, and references.
- Act promptly. Because of deadlines and special notice rules, consulting an attorney soon after an accident helps preserve your legal options and avoids permanent loss of rights.
Taking these steps will help you protect your health and your legal rights while assessing whether pursuing a claim is the right choice for your situation.
