Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Personal injury law covers legal claims that arise when a person is harmed because of someone else - for example in a car crash, slip-and-fall, workplace accident, or due to medical negligence. In McAllen, Texas, personal injury claims are governed by Texas state law and handled in local courts in Hidalgo County and nearby venues. Cases generally seek compensation for medical bills, lost wages, pain and suffering, and other losses caused by the injury.
Victims in McAllen may pursue claims against individuals, businesses, health care providers, government entities, or insurance companies. Local practical steps such as where to file, which court hears the case, and how to get an accident report are influenced by local agencies and procedures. Timely action is important because Texas law sets strict deadlines and procedural rules for many kinds of claims.
Many personal injury matters can be complicated and emotionally stressful. A lawyer can help at every stage of a claim. Common reasons people in McAllen hire a personal injury lawyer include:
- Serious injuries that require ongoing medical care, surgery, or long-term rehabilitation.
- Disputes over fault or liability, including cases where the other side blames you in whole or part.
- Insurance companies offering low settlement amounts or denying legitimate claims.
- Claims against government entities or health care providers, which often involve special notice and pre-suit rules.
- Complex cases such as product liability, nursing home abuse, or catastrophic injuries where an accurate valuation of future losses is needed.
- Need for evidence gathering and expert witnesses, for example accident reconstruction or medical experts.
- Negotiating structured settlements, evaluating lump-sum offers, or deciding whether to go to trial.
A lawyer can provide legal strategy, manage communications with insurers and opposing counsel, preserve critical deadlines, and explain how Texas law affects your damages and recovery.
Key local and state legal rules that frequently affect personal injury cases in McAllen include the following:
- Statute of limitations - For most personal injury and wrongful death claims in Texas, you generally have two years from the date of the injury or death to file a lawsuit. Missing this deadline usually bars your case.
- Comparative fault - Texas follows a modified comparative fault system. If you are found 51 percent or more at fault for your own injuries, you cannot recover damages. If you are less than 51 percent at fault, your recoverable damages are reduced by your percentage of fault.
- Auto insurance and fault system - Texas uses a fault-based system for auto insurance. The at-fault driver or their insurer is typically responsible for compensating victims. Texas requires drivers to carry minimum liability insurance.
- Medical malpractice specifics - Medical malpractice claims in Texas have special procedural requirements. Claimants usually must file an expert report within a prescribed period after filing suit, and certain types of damage claims may be subject to statutory limits and other unique rules.
- Government and sovereign immunity - Claims against cities, counties, and other government entities have special notice and filing rules. In many situations you must provide written notice of the claim within a short time period - often six months - before you can sue. Sovereign immunity is partially waived in limited circumstances, and damages may be capped.
- Court venues and local procedure - Low-value claims may be heard in justice courts or small claims courts, while larger personal injury cases go to county or district courts in Hidalgo County. Local rules govern filing, court costs, and how cases proceed through litigation.
Because state statutes and court rules are detailed and change over time, consulting an attorney who practices in McAllen and is familiar with Hidalgo County procedures is important.
Under most circumstances in Texas, you have two years from the date of the injury to file a lawsuit. There are exceptions - for example, the clock may be tolled if the injured person is a minor, is mentally incapacitated, or if the defendant fraudulently concealed the injury. Claims against government entities often require notice much sooner, frequently within six months. Because deadlines can be strict, contact a lawyer promptly to protect your rights.
Prioritize health and safety. Seek medical attention right away, even if injuries seem minor. Report the incident to police or the appropriate authority and get a copy of any accident report. Collect and preserve evidence - photos of the scene, contact information for witnesses, insurance and vehicle information, and any medical records and receipts. Avoid posting details about the accident on social media and be cautious about giving recorded statements to insurance adjusters without consulting a lawyer.
Not every minor injury requires a lawyer, but an attorney can help assess the value of your claim and negotiate with insurers. If the insurance company offers a quick settlement that seems low, or if fault is disputed, medical bills are accruing, or you are unsure of long-term consequences, consulting an attorney for a free or low-cost initial review is often worthwhile.
Most personal injury lawyers in McAllen represent clients on a contingency-fee basis. That means the attorney is paid only if you recover money through a settlement or judgment. The fee is typically a percentage of the recovery - commonly around one-third for a settled case and potentially higher if the case goes to trial. Clients are often still responsible for case costs such as court filing fees, expert fees, and medical record charges, although many firms advance these costs and deduct them from any recovery.
Texas uses modified comparative fault. If you are less than 51 percent at fault, you can recover damages, but your recovery will be reduced by your percentage of fault. If you are 51 percent or more at fault, you generally cannot recover compensation. Determining fault often involves investigating the scene, witness statements, photographs, and expert analysis.
You may be able to recover economic damages such as medical expenses, lost wages, and property damage, as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. In rare cases involving egregious conduct, punitive damages may be available to punish the wrongdoer. Certain case types, like medical malpractice or claims against governmental entities, may have statutory limits or caps on some types of damages.
Timelines vary widely. Some cases settle within a few months, especially low-value claims with clear liability. Complex claims, catastrophic injury cases, and matters involving disputes over fault or damages can take a year or more and sometimes several years if they go to trial. Your lawyer can provide a case-specific timeline based on the facts, necessary investigations, and local court schedules.
If the at-fault driver lacks adequate insurance, you may have options such as uninsured or underinsured motorist coverage on your own policy. Other potential avenues include pursuing claims against a liable third party, suing the at-fault driver personally, or utilizing specialized insurance or compensation funds where applicable. An attorney can evaluate coverage options and advise about the best strategy.
Keep detailed medical records and bills. If you have health insurance, it may cover treatment initially but may have subrogation or repayment rights against any settlement. Some medical providers will accept a letter of protection from your attorney that promises payment from future recovery, but providers are not required to accept such letters. Discuss medical-billing concerns with your attorney early so they can help coordinate records and negotiate with providers when appropriate.
Claims against government entities or public employees often require strict pre-suit notice within a short timeframe, and the government may have limited liability or damages caps. Medical malpractice claims have special procedural requirements in Texas, such as filing an expert report within a statutory period after suit is filed and adherence to pre-suit investigation rules. Failing to follow these procedures can result in dismissal of the claim, so seek counsel experienced in those types of matters.
Below are organizations and local resources that can be helpful when you need legal information or assistance in McAllen:
- State Bar of Texas - for lawyer referrals and information on how to find a qualified personal injury attorney.
- Hidalgo County Clerk and Hidalgo County District Clerk - for information about filing civil cases and accessing court records in Hidalgo County.
- McAllen Municipal Court and local justice courts - handle local ordinances, traffic matters, and lower-value civil disputes.
- Texas Department of Insurance - for questions about insurance coverage and filing complaints against insurance companies.
- Texas Department of Public Safety - to request motor vehicle crash reports in many cases.
- Texas Medical Board - for complaints or information about health care provider licensing and discipline.
- Texas Civil Practice and Remedies Code - contains statutes that govern many personal injury and civil procedure rules in Texas.
- Texas Office of Injured Employee Counsel and Texas Department of Insurance - Division of Workers Compensation - for work-related injury information and claims assistance.
- Local legal aid and pro bono services such as Texas RioGrande Legal Aid - may help people who meet income and eligibility standards with certain civil legal matters.
- Hidalgo County Bar Association - local attorney directory and community legal resources.
If you believe you have a personal injury claim in McAllen, these steps will help you move forward effectively:
- Seek immediate medical care and follow your treatment plan. Medical records are essential evidence.
- Preserve evidence from the incident - photos, witness contact information, police or accident reports, and any correspondence with insurers.
- Notify your insurer promptly if required by your policy, and be cautious when giving recorded statements to other insurers without legal advice.
- Document all expenses, time missed from work, and non-economic impacts such as pain or changes to daily activities.
- Contact a local personal injury lawyer for an initial consultation. Many offer free case evaluations and work on a contingency-fee basis, so you may be able to get qualified help without upfront attorney fees.
- If your case involves a government entity or medical malpractice, consult an attorney quickly to ensure you meet the specific notice and procedural requirements.
- Keep a file of all documents related to your injury and any communications about the case. Write down the names and phone numbers of people you talk to about the claim.
Remember, this guide is general information and not legal advice. Laws and procedures change, and every case is different. Contacting a licensed attorney in McAllen who handles personal injury matters is the best way to understand your rights and options based on your specific situation.
