FAQ

Las leyes de Texas requieren que los conductores tengan una cobertura de responsabilidad civil de al menos $30.000 por persona, $60.000 por accidente por lesiones y $25.000 por daños materiales. Este es el requisito mínimo de seguro en Texas y, a menudo, se conoce como cobertura 30/60/25.

Texas requiere que las pólizas de seguro de automóvil incluyan cobertura de protección contra lesiones personales (PIP, por sus siglas en inglés). Esto paga sus facturas médicas y las de sus pasajeros, los salarios perdidos y otros costos no médicos después de un accidente. Sin embargo, usted u otros conductores pueden renunciar a este tipo de cobertura si se lo informan a la aseguradora por escrito.

Los conductores pueden tener pólizas con límites más altos. O bien, los conductores de otros estados pueden tener límites de póliza más bajos. Las leyes de Texas también requieren que las aseguradoras ofrezcan cobertura de automovilista sin seguro o con seguro insuficiente. Si no desea contratar este tipo de póliza, debe informar a la aseguradora por escrito.

Para buscar cobertura para sus facturas médicas bajo su póliza de PIP, deberá presentar una reclamación de seguro de primera parte con su propia aseguradora. También deberá presentar una reclamación de primera parte para utilizar una póliza de automovilista sin seguro o con seguro insuficiente o una póliza de seguro contra colisión o contra todo riesgo.

Cuando busca una compensación en virtud de una reclamación de primera parte, su aseguradora debe brindarle los beneficios ofrecidos en su póliza y debe actuar de buena fe según lo exigen las leyes de Texas. Si le preocupa la forma en que su aseguradora lo está tratando, llame a Kemmy Law Firm.

Cuando presenta una reclamación contra la póliza de seguro de una parte culpable, esta es una reclamación de seguros a terceros. La compañía de seguros del otro conductor debe investigar el reclamo y denegarlo o aprobarlo según la póliza del conductor y de acuerdo con las leyes de seguros de Texas.

Las compañías de seguros a menudo hacen de sus resultados una prioridad en detrimento de los asegurados y los automovilistas lesionados. Para proteger sus derechos y luchar por una compensación justa en una reclamación de seguro a terceros, debe trabajar con un abogado de accidentes de auto en Odessa.

Una de las cosas más frustrantes que se aprenden después de un accidente de auto es que muchos conductores no tienen ningún seguro. En esta situación, usted tiene un par de opciones. Si tiene una póliza contra automovilistas sin seguro, es posible que pueda recuperar una compensación por daños materiales y/o sus facturas médicas. Muchas pólizas UM/UIM cubren lesiones de hasta entre $30.000 y $500.000, dependiendo de la póliza que contrate.

También tiene la opción de presentar una demanda por lesiones personales contra el conductor culpable. Determinar si esto es buena idea o no depende de varios factores que debe discutir con un abogado de accidentes de auto. Si el conductor culpable tiene pocos o ningún ingreso o activos, presentar una demanda puede ser más costoso que beneficioso. Este tipo de conductor se conoce como “ a prueba de ejecución de sentencia” porque incluso si obtiene un fallo en su contra, es posible que nunca reciba una compensación.

Cuando usted resulta gravemente herido en un accidente de auto o su vehículo es una pérdida total, la cobertura de seguro del conductor culpable puede no ser suficiente. Esto es particularmente cierto cuando un conductor tiene la mínima cobertura requerida en Texas. El costo de sus lesiones personales y daños materiales puede ser mayor que el límite de la póliza, y la aseguradora del conductor culpable no querrá pagar más que el límite de la póliza.

También es posible que deba confiar en una combinación de su propio seguro y los conductores culpables. Si tiene cobertura contra automovilista con seguro insuficiente, esta está destinada específicamente a cubrir la diferencia entre el costo de sus lesiones y el límite de la póliza del conductor culpable.

En Nuevo México, el plazo de prescripción para presentar una reclamación por lesiones personales suele ser de tres años a partir de la fecha del accidente. Consultar con un abogado de confianza es primordial para presentar su reclamación de manera correcta y dentro del plazo adecuado.

En la gran mayoría de los casos, es mejor evitar aceptar la primera oferta de la compañía de seguros. Esto se debe a que la oferta inicial suele ser un acuerdo bajo que no cubrirá completamente sus pérdidas y gastos futuros. Contar con representación legal de confianza es fundamental para garantizar que reciba una compensación justa y rehacer su vida después de una lesión injusta. Nuestros abogados pueden evaluar su caso para identificar a las partes responsables, calcular con precisión los daños sufridos y recibir la máxima compensación posible.

Depende. Nuevo México sigue la regla de negligencia comparativa pura, lo que significa que siempre que la víctima tenga menos del 100% de la culpa en un accidente, podrá reclamar daños y perjuicios en un caso de lesiones personales. Esto difiere de la negligencia comparativa modificada, que impide a los demandantes buscar una compensación si tienen más de cierto porcentaje de culpa. Por ejemplo, supongamos que el tribunal lo encuentra culpable en un 25% por un accidente de auto con un total de $100.000 en daños. Bajo la regla de negligencia comparativa pura de Nuevo México, esta cantidad se reduciría por su porcentaje de la culpa ($25.000), dejándolo con $75.000 en compensación.

Aunque algunos casos de lesiones personales se pueden resolver fuera de los tribunales, otros casos requieren una representación experimentada para lograr un acuerdo justo. Si usted o un ser querido ha resultado herido por la negligencia de otra persona, consultar con un abogado de lesiones personales de confianza en Hobbs es primordial para proteger sus derechos y buscar la compensación que se merece.

Antes de presentar una demanda, queremos tener la mayor cantidad de información posible sobre lo sucedido. No nos basamos en informes policiales breves ni en la investigación de la otra parte y su aseguradora. Reuniremos todas las pruebas disponibles, las revisaremos cuidadosamente y determinaremos la responsabilidad.

Tanto si ha sufrido un accidente catastrófico con un camión de 18 ruedas, como un accidente en un yacimiento de petróleo, es posible que necesitemos la ayuda uno o dos peritos para respaldar su caso. Dependiendo de las circunstancias, podemos contratar a un experto médico, un experto de la industria, un ingeniero, un economista, un experto vocacional y/o un experto en reconstrucción de accidentes.

La reclamación, que también se conoce como petición, es el documento que usted presenta ante el tribunal para comenzar formalmente su demanda. Este documento debe incluir información básica sobre usted y la otra parte, lo sucedido, por qué la otra parte tiene la culpa y los daños sufridos.

Parte del proceso legal civil es entregar de manera adecuada al demandado una copia de su demanda y citación judicial. Trabajaremos para asegurarnos de que el acusado reciba la notificación adecuada del proceso para que su caso pueda avanzar.

Después de que se notifique oficialmente al demandado, puede que presente una comparecencia ante el tribunal, así como una respuesta, que es un documento que proporciona información sobre por qué cree que no es responsable. Si el demandado no responde, es posible que podamos solicitar un fallo por incumplimiento.

Después de la reclamación y la respuesta, entramos en el proceso de descubrimiento. Durante esta fase, intercambiamos documentos con la otra parte, lo que nos permite recopilar más información sobre las fortalezas y debilidades de su caso.

Hay mucho que hacer antes de llegar a juicio, si es que su caso llega a juicio. Una vez más, muchas reclamaciones por lesiones personales se resuelven mediante un acuerdo previo al juicio, que es algo que podemos perseguir a través de negociaciones. También podemos presentar una o más mociones previas al juicio y pedirle al juez que tome ciertas decisiones legales antes del juicio.

Si su caso no se resuelve a través de un acuerdo previo al juicio, entonces nuestros abogados litigantes con experiencia se prepararán para ir a los tribunales. Durante un juicio, los abogados presentan sus argumentos a través de pruebas y testimonios de testigos y expertos. Una vez que cada parte haya completado sus argumentos, el juez o el jurado decidirá el resultado del caso. Si el caso se resuelve a su favor, el juez o el jurado decidirán entonces cuánta compensación recibirá.

Personal injury claims encompass a wide array of accidents and injuries. For example, if you were diagnosed with a traumatic brain injury caused by a motor vehicle accident, such as a car crash or truck accident, you may have the right to pursue a civil claim against the liable party. Other examples of personal injury cases could include:

• Defective products
• Slip and fall accidents
• Swimming pool accidents
• Trampoline accidents
• Dog bites
• Motorcycle accidents
• Work accidents
• Construction accidents
• Pedestrian accidents
• Bicycle accidents

If you file a personal injury according to Texas Civil Practice & Remedies Code 16.003(a), you will have a maximum of two years to file before the statute of limitations runs out.

• Dickeys Barbeque Pit
• Italian Village Ristorante
• Cork & Pig Tavern
• Red Oak Kitchen
• McCallister’s Deli
• Joes Pizza & Pasta
• 509 Drink Shop
• Cattle Baron

• University of Texas Permian Basin
• Midland RockHounds
• West Texas A&M Buffaloes
• Buck Jackson Arena

• Big Spring State Park
• Monahans Sandhills State Park
• San Angelo State Park
• Lake Colorado City State Park
• Guadalupe Mountains National Park
• Chinati Hot Springs

• Permian Basin Petroleum Museum
• The Globe Theater
• Marion West and William Blanton Blakemore Planetarium
• Wagner Noël Performing Arts Center
• I-20 Wildlife Preserve & Jenna Welch Nature Study Center
• Museum of the Southwest

The answer depends on where the accident occurred. You usually have two years from the date of the accident to file a personal injury claim in Texas, while in New Mexico, you typically get three years from the date of the accident to take legal action. If the applicable statute of limitations expires, you lose your opportunity to file a claim against the at-fault party.

You have 30 days to notify your Texas employer if you suffered a work-related injury. In New Mexico, you only get 15 days to notify your employer of a job-related injury. Missing the relevant deadline will generally prevent you from successfully filing a workers’ compensation claim.

The duration of a personal injury case can vary greatly depending on numerous factors. Initially, cases that are resolved through negotiation and settlement typically move faster, sometimes concluding within a few months. However, if your case proceeds to litigation, the timeline extends significantly. Litigation involves several stages, including filing a lawsuit, discovery, pre-trial motions, and, potentially, a trial. Each phase can introduce its own delays, influenced by court schedules, the complexity of the case, and the negotiation process between parties.

Additionally, if your case involves serious injuries or substantial damages, it may require more time to gather comprehensive medical evaluations and evidence, which can further lengthen the process. While we cannot promise a precise timeline, we can assess your unique circumstances and help set realistic expectations.

When you receive an insurance settlement offer in a personal injury case, you are not obligated to accept it. It is in your best interest to thoroughly assess whether the proposed amount adequately covers your medical expenses, lost wages, and other damages you may have suffered.

Insurance companies often aim to settle claims quickly and for as little money as possible. Therefore, you should consider consulting with a personal injury attorney before making any decisions.

Our team can help evaluate the adequacy of the offer and, if necessary, negotiate for a better settlement that truly reflects the full extent of your losses. Remember, accepting a settlement generally means relinquishing the right to pursue further legal action related to the injury, so making an informed decision is extremely important.

Many parties could be at fault for your car or truck accident, including:

• The other driver who hit you
• An auto parts manufacturer
• A city or municipality
• A construction company if poor signage caused your accident in a work zone
• Truck driver’s employer

Some of the different types of safety regulations oilfield workers in Colorado should be prepared to follow include:

• Blowout prevention equipment being installed and tested
• Constant well control
• CPR-trained individual and first aid kits at worksites
• Emergency eye and body wash stations
• Equipment cleaning and maintenance requirements
• Fall protection gear for work 10 feet above the lower surface
• Hard hats, eye protection, and safety-toe footwear requirements
• Hazardous substances properly labeled
• Immediate accident and injury reporting and treatment
• Immediate worker supervision
• Loose or flammable clothing, jewelry that can be snagged, and loose hair prohibited
• Minimum equipment and machinery standards
• Minimum training requirements
• Personal protective equipment (PPE) requirements, including hearing and respiratory protection
• Rig floor supervision
• Vehicle minimum distance requirements

Our team of Colorado oilfield accident attorneys are prepared to help gas and oil workers who have been involved in any of the following types of oil field accidents:

• Struck by object accidents
• Slip and falls
• Poisoning incidents
• Personal protection equipment (PPE) failures
• Other transportation accidents
• Oil well fires
• Oil well blowouts
• Oil truck accidents
• Machinery and equipment malfunctions
• Hazardous material exposure
• Falls from heights
• Drilling accidents

Some of the most common types of injuries you might suffer from while working on an oilfield include the following:

• Chemical burn injuries
• Crush injuries
• Facial and dental injuries
• Bone fractures
• Neck and back injuries, including herniated discs, ruptured discs, and fractured vertebrae
• Respiratory injuries
• Severe lacerations
• Spinal cord injuries and paralysis
• Torn ligaments, tendons, and muscles
• Traumatic brain injuries
• Traumatic or surgical amputations
• Vision or hearing loss
• Whiplash

If you’ve been injured on the job, you could face expensive medical costs while you can’t work. If someone’s negligent actions injured you and kept you off work, they can be held accountable for your damages. A major part of every personal injury claim is knowing how much your claim is worth. You need an accurate total to ensure the best chance of winning a settlement.

Under Texas personal injury law, you can recover your economic and non-economic damages caused in a workplace accident. Your economic losses are your out-of-pocket expenses, the losses you experienced directly because of the accident. That includes medical bills, lost wages, or property damage.

Your non-economic damages are conceptual in nature. These are losses you’ve experienced because of your injuries. They can be difficult to calculate things like the mental anguish you suffered from your injuries, your diminished quality of life, or your reduced earning capacity.

Your lawsuit may be able to get you compensation for other losses, like your:

• Past and future medical expenses
• Pain and suffering
• Emotional distress
• Scarring and disfigurement
• Physical limitations

If we take your case to trial, we want to be able to show the jury how these injuries have impacted you and your family’s daily lives and future. Proving damages also may require hiring a medical, economic, vocational, or other experts who can testify as to your inability to work, future medical expenses, and lost income.

After you’ve filed your third-party lawsuit, the liable party will have time to respond. It’s rare that they’d accept responsibility and pay you what you’re owed after a workplace accident. They’ll probably dispute the claim, and negotiations will begin.

Both sides will be able to examine available evidence during the discovery phase. We’ll use this to establish the at-fault party’s weaknesses and develop a strategy to pursue maximum compensation.

We’ll be able to sit down with the insurance company to discuss settlement amounts. They may offer lowball settlements or attempt to put blame on your shoulders for your injuries. We’ll stand firm: our evidence will show they owe you for your damages.

If the negotiations can result in an agreed-upon settlement, we’ll accept it and move on. If the insurer does not agree with a settlement amount, our next step is to go to trial. Kemmy Law Firm has experience handling workplace accident trials. We’ve helped clients recover millions in verdicts and settlements.

In order to protect your health, your rights, and your claim for compensation, you must seek immediate medical attention after an oilfield accident. You should also report the incident and your injuries to your supervisor.

Hold onto any evidence, including pictures of the accident scene, medical bills and records, and other documents detailing your injuries and losses. These will be essential later on when you pursue compensation.

According to the Texas statute of limitations, you have up to 2 years after an oilfield accident to file a civil lawsuit or insurance claim. However, if your employer purchases workers’ comp insurance coverage, you might have as few as 30 days to report your injuries.

If your claim is not filed before this deadline runs out, you will lose your chance to have your case heard at trial.

Economic damages are easily calculated because they directly correlate with a monetary value. You can demand compensation for the financial losses you sustained as a result of your truck accident and injuries, including:

• Lost wages
• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Medical supplies for at home
• Transportation costs to and from medical appointments
• Mental health care, such as therapy

Non-economic damages are harder to calculate since they aren’t tied to actual values. However, they are just as important as financial losses, and cover how your life has been impacted due to your truck crash. Non-economic damages include:

• Physical pain and suffering
• Emotional distress
• Mental anguish
• Scarring and disfigurement
• New physical limitations

Unlike non-economic and economic damages, punitive damages are not intended to make you whole again after an accident. Instead, they serve to punish an at-fault party if they behaved recklessly, maliciously, or fraudulently.

Texas law caps punitive damages at the greater of $200,000, or twice the amount of economic damages plus an amount equal to non-economic damages (up to $750,000).

Our truck accident attorneys will conduct a thorough investigation into your West Texas 18-wheeler accident, securing crucial and time-sensitive evidence so that we can get started on building your claim for compensation right away.

We'll gather a copy of the police accident report, video footage, photos, eyewitness testimony, and more. We will also use public records to investigate the truck driver and the trucking company's backgrounds to determine whether negligence or recklessness occurred.

Kemmy Law Firm will send a preservation letter to the truck driver, trucking company, and any other party relevant to the crash. This letter will explain your legal claim and demand that they preserve any potentially relevant evidence.

West Texas truck accident evidence tends to disappear quickly without a preservation letter. The trucking company may destroy records or a semi-truck's black box data, which recorded what happened before, during, and after your crash.

Some cases require expert evaluation or testimony to establish your accident's root cause and prove the damage's impact. We will hire experts to review your West Texas 18-wheeler crash case if needed. Whether they are a medical, vocational, financial, economic, accident reconstruction, or trucking expert, their objective analysis can additionally support your compensation claim.

Our truck accident lawyers will gather evidence from the very beginning and provide support during the Texas personal injury claim process. We know your trucking accident damages and injuries have impacted your life significantly. We vow to calculate the amount you are owed so you don't get shorted in your recovery.

Too often, trucking companies refuse to pay the total amount a victim deserves. Our experienced trial attorneys will fight for you in the courtroom if necessary and convince the jury that you deserve full compensation after your accident—no matter who we have to go up against.

Most 18-wheeler accident claims resolve before they need to go to trial. This often occurs through an insurance settlement. Our truck accident attorneys will aggressively negotiate on your behalf and refuse to settle for less than you're owed.

The statute of limitations for personal injury claims in New Mexico is three years. Since this is a work injury, you will have to file a workers’ compensation claim with your employer. You must notify your employer of the accident or injury within 15 days and complete a Notice of Accident form.

There are several possibilities after an oilfield accident. In addition to a workers’ comp claim, you may have the right to sue a third party. Filing a third-party lawsuit can help recover more compensation. If you learn your employer didn’t provide worker’s compensation insurance, then you may have the right to file a lawsuit against your employer.

Failing to care for residents in a reasonable manner that assures basic needs such as food, water, medicine, and hygiene.

Signs:

• Inattentive staff
• Unclean room and common areas
• Poor hygiene
• Bedsores
• Frequent falls
• Minimal urination, lack of tears, or chapped lips (result of dehydration)

Ranges from hitting, kicking, or shoving, to overuse of restraints.

Signs:

• Startling or scaring easily
• Being withdrawn
• Bruises, scrapes, red marks
• Broken bones
• Damage to personal property

Insults, threats, gaslighting, withholding information.

Signs:

• Fear of being alone
• Easily startled
• Crying
• Rocking, moaning, mumbling

Any unwanted sexual contact.

Signs:

• Being withdrawn
• Emotion and physical outbursts, violence
• Torn, stained underwear
• Injuries to the genitals, bleeding

Stealing resident’s funds, preventing access to money, or misusing power of attorney.
Signs:

• Important papers, check book, or credit cards missing
• Unexplained expenses
• Auto-payments suddenly being set up
• Unusual “charitable” donations
• Secretive behavior

Anesthesia errors, lack of oxygen during surgery, nerve damage, or removing the wrong limb or body part can result in temporary or permanent disability.

Some surgical errors cause so much damage that the patient dies.

Another type of injury is a medical condition that worsens due to surgical error. For example, a surgeon fails to remove a malignant tumor, causing a patient to die from cancer.

Proving liability in a medication errors case requires evidence. In most pharmaceutical negligence cases, you need a qualified medical expert to support your claim.

To show negligence, you must have a practitioner with similar training and education to verify that a medication error caused your injuries.

Other evidence used in a pharmaceutical lawsuit includes:

• Internal reports
• Exam notes
• Witness statements
• Test results

One of the ways we stand out is by limiting our caseload. Why do we do this? Because we want to give you our full attention. We believe in treating each of our clients with respect and compassion.

This means we are always available to answer your questions, address your concerns, or walk you through your options.

Most car accident claims, whether related to injuries or death, settle before trial. But you still benefit from working with a car accident attorney who regularly navigates the local court system and is confident in taking your case to trial.

You never know when that’s going to be necessary. At Kemmy Law Firm, our trial attorneys have decades of litigation experience and a history of favorable jury verdict and awards. We aren’t afraid to take a case to court when that’s the best course of action.

Because you’re more likely to receive an insurance settlement after a car accident death, you want an accident attorney with in-depth insurance industry knowledge. At Kemmy Law Firm, we don’t just go along with whatever an insurer says. We look for any relevant insurance policies, discover the policy limits, and scour through those policies to determine any provisions that impacts your claim.

We often go head-to-head with major insurance companies. We aren’t intimidated, and we make it known from the beginning that you won’t settle for just any lowball offer.

Visual distractions involve any activity that takes your eyes off the road. Types of visual distractions include the following:

• Reading a text
• Looking at your GPS
• Looking at billboards
• Rubbernecking (viewing a car accident)
• Checking your appearance in the mirror

Manual distractions include activities that take your hands off the steering wheel. Examples of manual distractions include the following:

• Eating or drinking
• Reaching for items in the back seat
• Grooming
• Adjusting the radio
• Texting
• Feeding your dog or letting them sit in your lap (31% of drivers are distracted by their dog in the car)
• Putting on makeup
• Adjusting the air conditioning

Cognitive distractions occur when a driver takes their mind off the road. In other words, they may be looking at the road with their hands on the wheel, but they could be thinking of something else, which lowers their reaction time. Examples of cognitive distractions include the following:

• Daydreaming
• Driving while angry or sad
• Zoning out to loud music
• Talking to passengers
• Mental fatigue
• Noisy children in the back seat

Doctors use CT (computed tomography) scans to diagnose potential TBI patients and determine the severity of the condition and treatment options. These scans are vital to your recovery and might even save your life. They are used to detect bleeding around the brain and brain swelling, both of which require emergency surgery. Your doctor’s CT scan could reveal that you have significant brain damage following your accident or injury.

Doctors also use a technique called brain mapping where they can identify areas of the brain impacted by your TBI. Through brain mapping, studies have shown that an injury to one area of the brain can affect the nerve cells of the whole brain.

A spinal fracture is a dislocation or break in at least one vertebra in your spine, which can damage one or more nerves. Everyone has seven bones in their cervical spine (C1-C7), twelve bones in their thoracic spine (T1-T12), five bones in their lumbar spine (L1-L5), and five in their sacrum (S1-S5).

Signs of nerve damage include:

• Sharp or continuous pain
• Numbness or tingling sensation
• Buzzing sensation like an electric shock
• Muscle weakness
• Loss of grip
• Loss of balance
• Loss of movement
• Loss of sensation

See a doctor right away if you have these symptoms. The sooner doctors can relieve pressure on the nerve, the better. Damaged nerves can heal, and severed nerves can be reattached sometimes. Over months or years, you may regain sensation, movement, and strength.

Between vertebrae are discs with a rubbery outside and a jelly-like center. When the center squeezes out, it’s called a herniated disc, ruptured disc, or slipped disc. Herniated discs are relatively standard, but they cause discomfort, pain, and other severe complications if they press on a nerve.

Seek a doctor’s help if you experience numbness, a tingling sensation, or muscle weakness down one or more arms or legs. The longer a ruptured disc damages a nerve, the more likely you’ll suffer a permanent injury.

In the state of Texas, most private employers are not required to carry workers' compensation insurance. This unique aspect of Texas law allows employers the choice to opt out of the state's workers' compensation program, categorizing them as "non-subscribers." However, this decision comes with certain risks and responsibilities. Non-subscribing employers typically face increased liability exposure if an employee is injured on the job. Without workers' compensation insurance, employees retain the right to sue their employer for negligence.

Put simply, if you are hurt in a plant or refinery accident and your employer doesn’t have workers’ compensation insurance, you have the right to file a lawsuit against your employer if their negligence caused an accident. If they do have workers’ compensation insurance, you have a right to those benefits, but you cannot usually sue your employer, even if they were negligent.

To confirm whether you are covered by workers' compensation insurance in Texas, you should start by directly inquiring with your employer. Employers are required to inform their employees if they provide workers' compensation coverage. They should also visibly display notices about coverage status in the workplace. If your employer is a non-subscriber, meaning they have opted out of the state's workers' compensation system, they are obligated by law to provide written notice of this to you at the time you are hired.

If there’s any doubt, we can contact the Texas Department of Insurance, Division of Workers’ Compensation (DWC) for verification. The DWC maintains records of employers who carry workers' compensation insurance, and they can assist in confirming your coverage status.

When injured at work in Texas, whether you need to prove negligence to recover damages largely depends on whether your employer has workers' compensation insurance. If your employer participates in the state's workers' compensation program, you typically do not need to prove negligence to receive benefits. Workers' compensation operates on a no-fault basis, meaning employees are entitled to receive certain benefits for injuries sustained on the job regardless of who was at fault. These benefits typically cover medical expenses and a portion of lost wages, but they do not cover pain and suffering or other non-economic damages.

If your employer is a non-subscriber and does not have workers' compensation insurance, you must prove negligence to recover damages through a lawsuit. You must be able to demonstrate that your employer's negligence (or another third party’s negligence) directly contributed to your injuries. If you are suing your employer, this may involve showing that the employer failed to provide a safe working environment, did not follow safety protocols, or neglected other duties that led to the incident.

Because of the employer's increased liability exposure as a non-subscriber, successful claims can potentially result in larger compensation packages, including non-economic damages like pain and suffering. However, proving negligence can be complex and often requires effective legal representation.

The compensation you can receive varies on a case-by-case basis. Plant and refinery accidents are especially devastating, and the injuries you experienced might require ongoing care, resulting in significant medical bills, an inability to work, and other expenses. You will likely deal with non-economic damages, too, including pain and suffering.

If you are covered by workers’ compensation insurance, your benefits should cover your medical expenses and some of your lost wages. If you have to file a lawsuit, you can pursue both economic and non-economic damages. In either scenario, the more damages you have incurred from your accident, the more compensation you might receive, either through workers’ compensation benefits or a settlement or court award.

Unlike other states, Texas gives most employees leeway in providing workers’ compensation insurance. After an accident, it’s important to find out whether you are entitled to workers’ compensation, as this heavily influences how you should proceed.

Without access to workers’ compensation, you might have the right to file a lawsuit against your non-subscriber employer. You also might have a claim against a third party responsible for the oil or gas refinery explosion. After evaluating the details of your case, we can walk you through your rights and legal options for securing the compensation you need.

If workers’ comp covers your injuries, you don’t have to establish fault to receive benefits. Without workers’ comp, however, you’ll need to know who caused the accident and how. It’ll be your responsibility to prove fault and liability. Our lawyers can investigate the accident and gather the evidence needed to build a strong case.

Part of this investigation includes reviewing overall plant safety. All employers must follow state and federal regulations, including those enforced by the Occupational Safety and Health Administration (OSHA). We’ll inform the relevant agency of any violations, regardless of whether they relate to your claim. A violation may help us prove fault and establish liability.

You have the right of way to cross the road within a marked or unmarked crosswalk in the following scenarios:

• You’re facing a green stoplight signal (unless it’s the sole green arrow for turning)
• You’re facing a “Walk” signal
• No traffic signal is in operation
• You are on or closely approaching the half of the roadway the vehicle is traveling on

In some situations, you do not have the right of way and must yield to oncoming traffic. These scenarios include the following:

• You cross the road when facing a red signal
• You cross the road when facing a “Don’t Walk” or “Wait” signal

You could also be partially at fault if you leave a curb to enter the path of a car that is too close to stop.

If any of these facts are present in your case, that doesn’t mean you are barred from pursuing compensation. Texas’ comparative negligence laws state that you can still obtain compensation if your liability is not greater than 50%.

We are a family-run law firm with more than 50 years of combined experience. Though we are experienced litigators, a majority of personal injury and wrongful death claims are resolved through insurance settlements.

We communicate with insurance companies, both big and small, on a weekly—if not, daily—basis. We know what insurance companies can and can’t do. We hold them accountable under the law and their insurance policies.

Most cases settle, but that doesn’t mean you can or should avoid the court system. Many families benefit from filing a wrongful death lawsuit after enduring a car wreck death.

The discovery phase allows us to demand additional information and evidence, which we can use to strengthen your compensation claim. Because going to court might be important, you want to work with a fatal car accident lawyer who has years of trial experience.

Insurers prefer when families tackle the claim process on their own because then they have the advantage. Insurers know the auto insurance policy, Texas car accident injury law, and Texas insurance law backward and forward. They also know their internal processes and have tactics to limit compensation or deny your claim.

When you work with a us, you take away that advantage. You put yourself on equal footing with the insurance company and have more leverage to negotiate a full and fair settlement. At Kemmy Law Firm, our knowledge, experience, and compassion get results. We over won more than $50 million in settlements and verdicts in the past two years. Take a look at some of our results.

There is a great deal to do before getting to trial – if your claim even goes to trial. Again, many personal injury claims are resolved by a pre-trial settlement, which is something we may pursue through negotiations. We may also file one or more pre-trial motions and ask the judge to make certain legal decisions before trial.

Texas law requires drivers to carry liability coverage of at least $30,000 per person, $60,000 per accident for injuries, and $25,000 for property damage. This is the minimum insurance requirement in Texas and often referred to as 30/60/25 coverage.

Texas requires auto policies to include personal injury protection (PIP) coverage. This pays for you and your passengers’ medical bills, lost wages, and other non-medical costs after a crash. You or other drivers, however, can forgo this type of coverage if you tell the insurer in writing.

Drivers may have policies with higher limits. Or, drivers from other states may have lower policy limits. Texas law also requires insurers to offer uninsured/underinsured motorist coverage. If you do not wish to carry this type of policy, you must inform the insurer in writing.

To pursue coverage for your medical bills under your PIP insurance coverage, you will file a first-party insurance claim with your own insurer. You will also need to file a first-party claim to utilize an uninsured/underinsured motorist policy or a collision or comprehensive insurance policy.

When you are pursuing compensation under a first-party claim, your insurer must provide you with benefits offered under your policy, and they must act in good faith as required by Texas law. If you are at all concerned with how your insurer is treating you, call the Kemmy Law Firm.

When you file a claim against an at-fault party’s insurance policy, this is a third-party insurance claim. The other driver’s insurance company must investigate the claim, and either deny or approve it based on the driver’s policy and according to Texas insurance law.

Insurance companies often make their bottom line a priority to the detriment of policyholders and injured motorists. To protect your rights and fight for fair compensation during a third-party insurance claim, you should partner with a Odessa auto accident lawyer.

One of the most frustrating things to learn after a car crash is that the other driver does not have any insurance. In this situation, you have a couple of options. If you have an uninsured motorist policy, you may be able to recover compensation for property damage and/or your medical bills. Many UM/UIM policies cover injuries up to between $30,000 and $500,000, depending on the policy you purchase.

You also have the option to pursue a personal injury lawsuit against the at-fault driver. Whether or not this is a good idea depends on several factors you should discuss with an auto accident attorney. If the at-fault driver has little-to-no income or assets, pursuing a lawsuit may be more costly than beneficial. This type of driver is known as judgment proof because even if you obtain a judgment against them, you might never receive compensation.

When you are seriously injured in a car crash or your vehicle is totaled, the at-fault driver’s insurance coverage may not be enough. This is particularly true when a driver carries Texas’ minimum requirement coverage. The cost of your personal injuries and property damage may be more than the policy limit, and the at-fault driver’s insurer will not want to pay out any more than the policy limit.

You also may need to rely on a combination of your own insurance and the at-fault drivers. If you have underinsured motorist coverage, this is specifically intended to cover the difference between the cost of your injuries and the at-fault driver’s policy limit.

Sometimes, the impacts of a concussion do not go away. Post-concussion syndrome lasts weeks to months after a head injury.

Symptoms of post-concussion syndrome include:

• Headache
• Dizziness
• Sleep disruption
• Psychological impacts like depression, irritability, anxiety
• Cognitive issues involving memory, concentration, and thinking

If you continue to struggle with concussion symptoms, go back to your doctor. If you receive a post-concussion syndrome diagnosis, your next call should be to a brain injury lawyer.

Trauma to the head can cause a TBI. This trauma could consist of violent shaking due to the force of an accident or an object striking the head directly.

TBIs can be open or closed brain injuries. If the trauma doesn’t penetrate the skull, it’s a closed injury. If the trauma penetrates the skull, it’s considered open. TBIs where an object pierces the brain are also called penetrating brain injuries.

An ABI happens after birth and isn’t congenital. There are many types of ABI, some of which are traumatic, while others are non-traumatic. For instance, a TBI is an ABI.

Other ABIs can be caused by:

• Exposure to toxic chemicals
• Infections
• Strokes
• Internal bleeding
• Lack of oxygen
• Near-drowning

Wernicke's aphasia is a language disorder that affects the comprehension and production of language. This condition typically results from damage to Wernicke's area, a region in the left hemisphere of the brain responsible for processing language. Individuals with Wernicke's aphasia may speak in long sentences that lack meaning, add unnecessary words, or even create new ones.

Head trauma is one of the causes that can lead to this type of aphasia, particularly if the injury impacts areas of the brain associated with language processing. Trauma can disrupt neural connections or cause brain tissue damage, leading to impaired language comprehension and the other hallmark symptoms of Wernicke's aphasia.

Wernicke's encephalopathy is a serious neurological disorder caused by a deficiency of thiamine (vitamin B1). It predominantly affects the brain's thalamus and hypothalamus, regions crucial for memory and muscle coordination. This condition is characterized by a triad of symptoms: confusion, lack of voluntary coordination of muscle movements, and paralysis or weakness of eye muscles.

Left untreated, Wernicke's encephalopathy can progress to Korsakoff syndrome, a chronic illness with severe memory impairments. Medical negligence can contribute to the onset of Wernicke's encephalopathy in instances where thiamine deficiency goes unaddressed, particularly in hospitalized patients with underlying conditions such as malnutrition, alcoholism, or those undergoing certain medical treatments like chemotherapy. Failure to promptly diagnose and administer thiamine supplementation may lead to irreversible neurological damage.

Newborns can suffer from various brain injuries at birth due to medical negligence, such as improper handling during delivery or failure to monitor fetal distress. One common condition is cerebral palsy, which can occur if there is significant oxygen deprivation to the infant’s brain, possibly due to delayed cesarean sections or improper use of delivery tools like forceps or vacuum extractors.

Another condition is kernicterus, a rare but severe type of brain damage caused by untreated jaundice in newborns, often resulting from inadequate monitoring and mismanagement of bilirubin levels. Additionally, trauma during delivery can lead to brain hemorrhages, where blood vessels in a newborn's brain rupture, causing bleeding that can result in lasting damage if not promptly identified and treated.

Brain injuries can be fatal. Your loved one might never regain consciousness and pass away shortly after the accident. They might live in a vegetative state or suffer severe brain injuries and pass away sometime later. They could even succumb to complications or infections resulting from the accident instead of the brain injury itself.

As the next of kin, you might be able to pursue compensation through a wrongful death lawsuit. This could be a way to recover the costs associated with your relative’s medical care, funeral expenses, and pain and suffering. If the other party’s negligence was extreme enough, you might be able to demand punitive damages, which punish the responsible party and are meant to deter others from acting the same way.

• An offer,
• An acceptance of that offer, and
• Consideration.

Each party’s promise to do something in exchange for something else is a consideration. Each party, whether it’s two or more people or businesses, has to provide or give up something as part of the exchange. It might be money, an interest in something valuable, or a right to do something. Whether or not there was consideration can be a tough question for the courts.

None of the parties can agree to do something illegal. If a party’s promise under the contract violates the law or public policy, then a court won’t enforce it.

Other necessary elements of a contract involve the legal capacity and competence to enter into a binding agreement. Individuals who have been adjudicated as mentally incompetent can’t create an enforceable contract.

Contracts are either valid, void, or voidable. Your breach of contract lawyer will review the circumstances to see if there’s any basis for the other party claiming the agreement is void or voidable. If a court agrees the contract is void, you can’t enforce it. If the court says the contract is voidable, then the other party can choose to cancel it.

A void contract was never valid. Even at the beginning, the agreement wasn’t enforceable. It has no effect on the parties, no one’s bound to uphold it, and neither party can enforce it through legal action.

An agreement is void if it was:

• Illegal
• Against public policy
• Restrained certain activities or rights
• Lacked consideration
• Involved a mentally incompetent person
• Was impossible to complete
• Was too vague
• Involved fraud

A voidable contract is not the same as a void contract. A voidable contract was valid at the beginning. But because of a problem with the agreement, it’s only binding to one party. The other parties involved can choose not to follow through with their end of the agreement or enforce it.

Common reasons a court finds a contract is voidable is if it involved:

• Coercion
• Threats
• Undue influence
• Mental incapacitation or incompetence
• Material mistakes in the agreement
• Breach
• A minor

If you’re loved one suffered a fatal injury while working on an oilfield, you might be able to file a wrongful death claim. This is a civil action that allows the victim’s surviving family members to pursue compensation for their damages.

Chapter 71 of Texas’ Civil Practice and Remedies Code states that you can file a wrongful death claim if the injury that caused your loved one’s death was caused by the liable party’s wrongful act, neglect, carelessness, unskillfulness, or default.

To establish liability, a wrongful death attorney must prove that a standard of care existed, the at-fault party had a duty to uphold that standard of care, the at-fault party breached that duty, and the breach of duty caused your loved one’s death.

Texas law puts a time limit on wrongful death claims. If you don’t file within two years, you could lose your right to collect compensation. This may seem like a lot of time after a fatal oil refinery accident, but you could lose critical evidence if you wait too long.

There are exceptions to the Texas statute of limitations. You might have only recently discovered that your loved one’s death was caused by someone else’s negligence. Or, you might have been a minor when the accident occurred or deemed mentally incapacitated until now.

An experienced Texas wrongful death attorney can review your case to determine if you have a viable claim.

Any type of machinery could become defective. However, the most common types include but are not limited to the following:

• Cutting machines
• Scaffolds
• Punch presses
• Drying ovens
• Welding equipment
• Lathes
• Turning machines
• Scissor lifts
• Folding machines
• Forklifts
• Bulldozers
• Cranes
• Tractors
• Nail guns
• Dump trucks
• Drills
• Table saws
• Conveyor belts

Even if you were following the necessary safety protocols and procedures, you may be at risk for severe or critical injuries if the equipment or machinery you are using is defective.

The types of defects construction machinery may vary depending on the type of equipment, the parts used to build the equipment, and more. Examples of these defects include:

• Corrosion
• Defective design
• Inadequate training on machinery
• Poor welding
• Lack of safety inspections
• Inadequate labeling
• Failure to include warnings
• Breach of warranty
• Manufacturing defects

Factory, construction, and oilfield work is dangerous, and the risk of defective equipment is always there. It is important to take steps to protect yourself and prevent these accidents wherever possible. You can do so by:

• Following necessary safety protocols and procedures
• Knowing where emergency shut-off switches are
• Wearing necessary protective equipment
• Handling material, equipment, and machinery with care

Your auto insurance policy requires you to notify the insurer within a reasonable amount of time. How much is a reasonable amount of time? It depends on what your policy says and the circumstances, which is why we recommend notifying your insurer as soon as possible.

You’ll want to tell your insurance company:

• Which vehicle was involved in the crash
• Who was driving at the time of the crash
• The location of the crash
• The date and time of the accident
• A basic description of the accident
• The name and insurance information of the other driver
• The names and contact information for passengers or others involved in the crash

When you call the insurer, ask for the name of the person you talk to. Write down their name, the date and time you called, and the claim number they give you.

If you were seriously injured in a crash, then you probably went to the emergency room. Always go to your follow-up appointments, see any necessary specialists, and stick to your doctor’s treatment plan.

You need to follow the doctor’s orders to try and recover as quickly and as much as possible. If you don’t continue with your medical care, the insurer can try to use this against you.

Make sure to see a doctor even if you didn’t sustain obvious injuries. Schedule an appointment with your family physician or go to an immediate care clinic that accepts your insurance. A doctor might notice signs of an injury you didn’t, like a concussion or even broken bones.

After you initially notify the insurance company of the crash, they’ll assign an adjuster to your claim. When that adjuster reaches out, you don’t have to give an in-depth description of what happened or answer questions regarding fault. You can stick to the basic facts. Don’t speculate about why the crash happened or who was responsible.

We recommend you don’t answer the insurance company’s questions about the crash and your injuries right away. Instead, tell the adjuster you’re not prepared to make a statement or answer questions until you’ve learned more about your injuries. You can schedule to talk with the insurer another time.

Your insurer will give you a list of auto repair shops they work with. You don’t have to go to a business on that list. You can choose whatever mechanic you want, even if insurance is going to pay to repair or replace the vehicle. Have your car towed to a mechanic you trust.

You can dispute the cost of repairs or whether your vehicle is a total loss. Your insurer might not agree with the mechanic about how long or much it’ll take to repair your car. Or, you might not agree with how much the insurer says your car is worth. The insurer wants whichever option costs them less. Partnering with a car accident lawyer helps you get your car repaired quickly or get the most compensation for a totaled vehicle.

As you move through the insurance claim process, you might start to have questions or concerns. We realize most people don’t call a lawyer the day after the crash. But in the days or weeks after the accident, we hope you’ll consider consulting an attorney experienced in local car accident claims.

You’ll never be on equal footing with the insurance company. They handle car crash claims daily, and they’re good at paying as little as possible each time. By hiring an aggressive lawyer, who knows how the process works, you have someone to champion your best interests, even if that means filing a personal injury lawsuit and taking the at-fault driver to court.

At the Kemmy Law Firm, we have a long history of protecting clients from large insurance companies looking and securing the best possible results.

By hiring an attorney, you’ll benefit from a thorough and independent investigation into the crash. Your lawyer will collect all they can about what happened and why, including the police report, photos, and video footage, the vehicle assessment, and eyewitness statements.

If you were part of a complex or contentious accident, we may hire an accident reconstruction expert. This professional will take all the data and use mathematical formulas to determine how fast the other car was moving, whether the other motorist braked, or the angle at which the other car collided with yours.

It’s important to find and review the evidence because the insurance company might not be convinced the other driver was at fault. Your lawyer can submit information regarding fault to improve the likelihood of your insurer deciding in your favor.

Do you know how much your car accident claim is worth? If you haven’t talked with a lawyer, you probably don’t have the right figure in mind, and your insurer isn’t going to tell you. Insurance companies want to pay as little as possible on a claim. The law might entitle you to more than the initial settlement offer.

Our car accident attorneys will add up all of your out-of-pocket expenses related to the crash, including all your medical bills. If you were seriously hurt or disabled, we’d calculate your future medical costs. We’ll calculate the amount of income you’ve lost while out of work. Then, we’ll address your pain and suffering. Your non-economic damages might be worth the same or more as your economic damages.

You don’t usually need to go to court for minor car accidents. But when you’re seriously hurt or disabled in a crash, you need to recover all the compensation possible. The best way to do that is to file a personal injury lawsuit.

Once you file the complaint and serve the defendant, the next step is discovery. This is where you can demand information from the other side through depositions (out of court interviews), interrogatories (questions), requests for admissions, and demands to produce documents. We can learn a lot during discovery that prepares us for settlement negotiations or trial.

Discovery typically takes months to complete. If the defendant and their insurer aren’t forthcoming with information, it’ll take us longer to compel them to answer our discovery requests. But once we have all of the information, we’ll prepare for settlement negotiations. We might use mediation to negotiate a fair car accident settlement.

If we can’t reach an agreement, though, we’re prepared to take your case to trial. At trial, we’ll present the evidence to the jury, ask them to find the defendant at fault, and ask them to award you full and fair compensation for your physical, emotional, and financial injuries. The jury will decide in favor of you and the defendant. If you win, the jury also decides how much compensation you get.

At the Kemmy Law Firm, we have considerable courtroom experience and never shy away from taking large insurance companies to trial to get our clients what’s right. Let us assess your unique situation and help determine if this is a route you should take.

You must prove to an insurer or the jury that the other party breached that duty of care in some way. For instance, you may establish an at-fault driver was speeding and ran a red light. You may show that an at-fault truck driver had violated the hours of service rules and was drowsy. Or, you may be able to prove a physician unreasonably misdiagnosed you.

Proving the breach of conduct occurred may require accident or police reports, business records, employment records, driving records, photos, video footage, eyewitness statements, medical records, sound recordings, and more.

Whether or not you can sue for an injury at work depends on who was at fault and whether you have workers’ comp coverage. If your employer provides workers’ compensation insurance and your injuries are covered, then you cannot sue your employer. If workers’ comp does not protect you, the law may entitle you to sue your employer for negligence.

It is possible to file a personal injury lawsuit against a liable third party whether or not you receive workers’ compensation benefits.

Some workplace injuries result in temporary or permanent disability. Depending on the physical limitations of your injuries, you could be entitled to compensation.

Economic damages, such as medical expenses and lost wages, can be calculated and established with documentation. We will gather your pay stubs, tax returns, medical bills, other bills, and receipts.

An attorney with Kemmy Law Firm can hire experts to calculate lost income, benefits, and future expenses if necessary.

Before we file a lawsuit, we take steps to preserve and collect any evidence available. We obtain a copy of the police accident report. We gather any video footage of the crash or photos of the aftermath. We will contact eyewitnesses and ask for their oral or written statements.

We will use public records to investigate the truck driver and trucking company’s backgrounds.

We will send a letter to the trucker, trucking company, and any other party relevant to the crash stating you have a legal claim and that they must preserve any potentially relevant evidence. Without a letter like this, 18-wheeler accident evidence tends to disappear quickly. The trucking company may destroy records or the black box that is on many semi-trucks to record what happened before, during, and after a crash.

Most 18-wheeler accident claims are resolved with an insurance settlement prior to trial. All the previous steps in the claims process are necessary to be prepared for these negotiations. By this point, we have a thorough understanding of what happened, who is responsible, and how much your damages are worth.

We take an aggressive approach to negotiations, and we do not settle for less than your claim is really worth.

Economic damages are those that are easily quantified by monetary loss. You can demand compensation for your injury-related expenses and losses, including:

• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Medical supplies for at home
• Transportation costs to and from medical appointments
• Mental health care, such as therapy

Not all injuries after an 18-wheeler crash are tangible and easily valued. We demand you receive compensation for the following:

• Physical pain and suffering
• Emotional distress
• Mental anguish
• Scarring and disfigurement
• New physical limitations.

Under both Texas and New Mexico, punitive damages are available only in certain circumstances. We must establish the defendant acted recklessly, maliciously, or fraudulently.

New Mexico does not cap the amount of punitive damages you can receive. Texas caps punitive damages at the greater of two times the amount of economic damages plus an amount equal to any non-economic damages up to $750,000 or $200,000.

Although many think of Texas when it comes to oil production, the Bakken Shale is estimated to have anywhere from 1.3 to 7.4 billion barrels of undiscovered oil. By encompassing parts of North Dakota, Montana, and Canada, the Bakken Shale proves to be one of the nation’s largest shale plays. The potential value and overall scale of the Bakken Shale creates a need for increased workplace safety.

These are only a few of the many areas we serve nationwide. From Southern Texas to North Dakota and all across the US, Kemmy Law Firm helps you pursue the max for your damages.

No. Worker protection laws prohibit your employer from retaliating against you for reporting a safety violation or accident.

Physical abuse can involve hitting, slapping, kicking, shoving, or using chemical or physical restraints. Sexual abuse is another form of physical abuse, which can include sexual battery and rape.

Signs of nursing home abuse include:

• Startling easily
• Becoming withdrawn
• Not wanting to be along with a certain person
• Bruises and scrapes at various stages of healing
• Bruises around the breasts or genitals
• Blood in their underwear
• Broken bones
• Damaged personal property

Emotional, psychological, and verbal abuse can include threats, belittling, insults, gaslighting, withholding information, or access to others.

Signs include:

• Becoming withdrawn
• Not wanting to be alone with a certain person
• Crying
• Self-soothing behaviors like rocking, moaning, or mumbling

Financial abuse can constitute theft of funds or personal property, misusing powers of attorney, preventing a resident from accessing their funds, exerting inappropriate influence over a resident to receive gifts, access to finds, or control over their finances.

Signs include:

• Missing credit cards, checks, or important documents
• Unexplained expenses or withdrawals
• New auto-payments
• Charitable donations or gifts out of the ordinary
• Secretive behavior

A skilled attorney connects your injury or illness (or a loved one’s death) to a medical provider’s negligence. It is up to the person seeking compensation (the plaintiff) to show how a medical error or carelessness caused or contributed to your suffering.

Proving liability in a medical malpractice case consists of four factors:

• 1. Establish that the provider owed the patient a duty of care to uphold accepted medical standards.
• 2. Show that the provider breached this duty for some reason, through recklessness, omission, or intentional disregard.
• 3. Demonstrate how this negligence caused harm to the patient.
• 4. Valuate damages for the patient’s physical, emotional, and financial suffering.

With offices in San Antonio, Odessa, TX, and Hobbs, NM, we are here to help you pursue medical malpractice compensation through an insurance claim or lawsuit.

Filing a medical malpractice claim on your own is a complicated process. In addition to the procedures and deadlines imposed by the insurance company, each state has specific requirements.

For example, New Mexico requires you to determine if the negligent doctor is a “qualified healthcare provider.” In Texas, you must give written notice to the provider. You must also retain a medical expert to draft an expert opinion.

You should consider the impact of dealing with the insurance company if you are unwell or a caregiver to a loved one. It might be in your best interest to work with an experienced medical malpractice attorney who can remove this burden from you.

Generally, the medical malpractice claims process involves:

• Collecting medical documentation and evidence
• Hiring a medical expert
• Determining a medical provider’s liability for your injury
• Determining your medical provider’s insurance coverage
• Calculating the value of your economic and non-economic damages
• Filing a medical malpractice lawsuit before the statute of limitations runs out
• Entering into medical malpractice settlement negotiations with the insurer
• Resolving your claim or taking it to trial

A medical negligence lawyer often files a lawsuit to obtain information during discovery. Many medical malpractice cases don’t go to court. Filing a lawsuit might compel a reluctant insurer to negotiate rather than risk a trial.

Although Texas law does not require all employers to purchase workers’ compensation insurance coverage, many do. You may be protected under their policy if your employer has purchased workers’ compensation benefits. Here, it does not matter who is responsible for causing the accident.

As long as your injuries are work-related, you can file a claim with the insurance company and recover compensation for your medical expenses, vocational rehabilitation, and receive regular benefits to replace a portion of your lost income.

If a third-party, such as an equipment manufacturer, contractor or subcontractor, construction vendor, or another party entirely shares fault for the damages, you may be able to pursue legal action against them.

Many organizations and entities are involved in construction accidents, including construction site property owners, engineers, and other third parties who may have contributed to the injuries you sustained. Like a non-subscriber claim, filing your third-party liability claim allows you to recover every loss, including non-economic damages.

One of the most significant issues undocumented workers face is how they will recover compensation if they are involved in a work-related accident. If you lost a loved one in a fatal construction accident, and your loved one was undocumented, you may still pursue justice through a wrongful death claim.

Our attorneys can assist you in helping to make burial and funeral arrangements and ensure your loved one is transported back to their home country as needed.

Since construction companies may take advantage of surviving family members or worry that they will be deported themselves if they pursue legal action against construction companies, they may be less inclined to pay out on claims.

However, whether you are dealing with a wrongful death claim or have been injured yourself in a construction accident as an undocumented worker, you still have the right to justice.

The Texas car insurance law requires drivers to carry:

• Bodily Injury Liability: $30,000 per person and $60,000 per accident
• Property Damage Liability: $25,000 per accident

Additionally, insurers must offer Personal Injury Protection, which covers your medical bills, lost wages, and other non-medical expenses, and Uninsured/Underinsured Motorist coverage. If you do not wish to purchase either PIP or UM/UIM coverage, you must inform the insurer in writing.

If you file a first-party claim and your insurer does not address your claim in good faith, you may have a bad faith claim against your insurer. However, Texas does not recognize bad faith claims arising from third-party insurance claims.

The New Mexico auto insurance law requires drivers to carry:

• Bodily Injury Liability: $25,000 for one person, $50,000 for two or more persons
• Property Damage Liability: $10,000 per accident

New Mexico has a similar bad faith law. If your own insurer treats you unlawfully during a claim, you may have a bad faith claim. However, like in Texas, this claim is only for an insured against the insurer, not for third parties who are treated unfairly.

If you were injured in a collision caused by an uninsured driver, talk with a car accident lawyer right away. If you carry uninsured motorist coverage, then your own insurance company may pay for your property damage or bodily injuries.

If you do not have UM coverage, talk with an attorney about pursuing compensation through a personal injury lawsuit. This may or may not be helpful depending on the at-fault driver’s income and assets.

When the other driver is underinsured, you can also utilize your own UM policy to cover the difference between the car accident settlement and your damages. If you do not have UM coverage, talk with us about filing a personal injury lawsuit.

Adjusters are required to investigate a car accident claim thoroughly and promptly. During this investigation, the adjuster will likely reach out to you for a statement, medical records, and other answers or documentation. We recommend you have a car accident lawyer handle this process.

You should never give the insurance adjuster a statement without first talking to an attorney. They will use anything you say against you wherever possible.

In the event of a car accident, you can get money for your property damage, including the value of your car and any other property that was damaged in the wreck.

In some cases, your car may be considered a “total loss,” and you will be able to get money for its total value. For an insurer to claim your vehicle is a total loss, the cost of repairs plus the salvage value must exceed the pre-wreck fair market value. If your vehicle is a total loss, Texas car accident laws entitle you to the fair market value of your vehicle before the wreck.

Unfortunately, insurance companies often use processes or formulas that place your vehicle at a lower value than it should be. Talk with a car accident attorney about how to properly value your vehicle, and do not be afraid to counter an insurer’s first offer regarding the value of your car.

Whether or not your vehicle is totaled in New Mexico depends on the total loss formula. This is where the insurer determines if repairing the car would be uneconomical based on the cost of repairs versus the cost of salvage/scrap.

If your vehicle is deemed totaled, the insurer should provide a total loss payment. You should discuss how insurers determine the cash value of your vehicle with your lawyer and how you can negotiate for the best possible payment.

If your vehicle is underivable after the crash, talk with your attorney about a loss of use claim. This claim specifically seeks compensation for the days you cannot drive your vehicle.

A number of variables, including speed, angle, placement of the collision, and crashworthiness of your vehicle can result in a range of physical injuries from a car accident, such as bumps and bruises, to catastrophic injuries and even death.

Our family firm has helped people suffering from all types of injuries, including facial disfigurement, broken bones, whiplash, herniated discs, traumatic brain injuries, spinal cord injuries, and paralysis. We have helped families who have lost a loved one in a traffic fatality.

We know that physical harm is not the only consequence. You may experience significant psychological trauma from the collision or emotional anguish like anxiety, a phobia of driving or being in a car, depression, post-traumatic stress disorder, and other psychological and emotional effects.

We hire the necessary experts to help evaluate and prove your damages in each of these areas.

If your spouse, parent, or child passed away in a car accident, you should talk with an attorney about pursuing a wrongful death claim under the Texas or New Mexico wrongful death statutes.

Relatives can typically pursue compensation for the loss of their loved one’s income, services, companionship and society, and the family member’s emotional distress.

• In New Mexico, you have three years from the date of your loved one’s death to file a wrongful death claim.
• In Texas, you have two years from the date of death to file a wrongful death lawsuit.

A survival action is a legal claim that arose when an injured person was alive but was unable to pursue the action prior to their death. For example, if a loved one is seriously injured in a crash but lived, they could pursue a personal injury claim. If your relative then passed away, the personal injury claim survived their death, and the relative’s estate can then pursue the personal injury claim and certain compensatory damages suffered while the relative was alive.

Texas recognizes the separate survival claims of the decedent in the Texas Survival Statute and wrongful death claims of the spouse or children in the Texas Wrongful Death Act. However, New Mexico is different. If your loved one passed away, even if they initially lived for weeks or months, you would only pursue a wrongful death claim.

To obtain compensation for your physical, psychological, and financial injuries, you need proof.

Proof of injuries can come from pictures, your own testimony, medical records, and a medical expert’s testimony. Proof of the pain and suffering and mental anguish arising from injuries can come from your own testimony, friends’ and family’s observations, and mental health care records.

Proof of economic damages includes medical bills and receipts. However, proof of future medical expenses may require a medical expert’s testimony. Proof of reduced earning potential may come from a vocational expert and/or economist.

To calculate potential damages, our car accident lawyers work closely with you, your medical providers, and experts. We help you keep track of your expenses and financial losses throughout the personal injury claim process. This paperwork is essential in calculating economic damages.

When it comes to valuing your non-economic damages, we will utilize an appropriate method, such as a multiplier. In some circumstances, we use a per diem (daily rate) for your pain and suffering.

Often in accident cases, both sides disagree on who’s at fault and by how much. In Texas, there is a modified comparative fault rule that follows a 51% bar rule. The plaintiff can’t recover compensation if they are found to be 51% or more at fault for causing the accident. If the defendant is proven more at fault than the plaintiff, recovery will be reduced by the share of the plaintiff’s fault.

For example, if a jury decides a plaintiff is 30% at fault and there are $100,000 in damages, the plaintiff’s recovery will be $70,000.

New Mexico follows a different system called pure comparative negligence. A plaintiff can recover from a defendant whatever share of fault the defendant is responsible for. If the plaintiff’s share of the blame for the accident is a third, they can recover two-thirds of their total damages.

Burns are damage to your body tissue due to heat, chemicals, electricity, or radiation. Scalding injuries are caused by hot liquids and steam. Another related injury is smoke inhalation, caused by breathing toxic substances.

There are three types of burns:

• First-degree burns – Damage to the outer layer of skin
• Second-degree burns – Damage to the outer layer and the layer underneath
• Third-degree burns – Damage to the deepest layer of skin and tissues underneath

Burns can cause swelling, blistering, scarring, shock, and even death in severe cases. They can also lead to serious infections because of the damage to your skin’s protective layers.

In many cases, the full impact of a burn cannot be determined right away. Even if you think your burn is not serious, you should seek medical treatment. It can get worse over time and may become infected, causing your condition to become even worse.

Treatment for burns depends on the cause of the burn, how deep it is, and how much of the body it covers. Antibiotic creams can prevent or treat infections. For more serious burns, treatment can require skin grafting, IV fluids, antibiotics, and pain management.

When you go to the emergency room or see a medical provider, they will first evaluate the severity of your burn.

For second-degree burns, you will likely need topical creams or ice packs, and you may need hydration therapy to make sure you do not become dehydrated. If the skin is torn or severely blistered, you may need special wound dressings to protect the internal layers of your skin.

If a significant amount of your body is covered in burns, you may need to stay in the hospital for one or more days.