Top Hispanic Attorney National City

National City California Spanish Speaking Lawyer

Lawyer Accident Injury

We take pride in providing the level of attention you would expect from a family-owned, family-oriented National City law firm. We treat every one of our clients with the same level of care and attention that we would expect if we were facing your same situation. Regardless of whether you have suffered bumps and bruises in a car accident or have been paralyzed by an act of medical malpractice, the personal injury attorneys and staff at Abogados Espanoles in National City will make it clear that we care about you. We’re on your side. Contact us to arrange a free consultation to talk about how we can help.

The law requires negligent drivers and their insurance companies to pay fair compensation to innocent victims for all of their injuries and losses. The National City Spanish Speaking Lawyer at Abogados Espanoles provide honest, aggressive and compassionate help to all their clients who have been injured in car crashes. Please contact our office today to speak with one of our car accident lawyers. There is no charge for the initial consultation and there is no charge for any attorney’s fees unless we win your case for you.

 

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You've just been injured in an accident and treated in a hospital emergency room. Now the hospital is owed money for their treatment of your injuries. Assuming you have no health insurance, the hospital will probably file a hospital lien.

Under Texas law, hospital liens are permitted by Chapter 55 of the Texas Property Code. A hospital may file a lien on a personal injury claim if it provided treatment to a patient for injuries sustained in an accident. This means that, in the event you make a claim for injuries against any person or their insurance company, the hospital will be entitled to recover the amount of their charges from the settlement proceeds.

In order for a hospital lien to be valid, it must be in writing, filed with the county clerk in the county where the services were rendered, and be filed prior to money being paid on the claim. If money is paid before the lien is filed, then the lien does not attach to those funds.

Hospital liens can be tricky. If a hospital lien is filed in your case, your personal injury lawyer should contact the hospital and work out some sort of settlement of the lien amount. Some hospitals are more willing to negotiate the amount of their lien than others. But if the hospital lien takes most or all of the settlement funds, then there is no incentive for the patient/client to settle the case. Likewise, no one gets paid. So, it is important that you and your lawyer are aware if a lien is filed in your case so that it can be properly dealt with upon settlement of your case.

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When an individual files a personal injury lawsuit against another person, company, or organization, they are usually seeking some sort of award or compensation for injuries they claim to have suffered as a result of the defendant's negligent, reckless, malicious, or illegal behavior. These awards, collectively known as damages and generally consisting of some sort of monetary compensation, are the legal system's way of addressing the wrongs done to a plaintiff.

Though legal systems around the world differ on the issue of lawsuit damages, the United States legal system breaks awards down into two major categories: compensatory damages and punitive damages.

Compensatory Damages

Punitive damages are the subject of intense controversies, including the ever-prickly topic of tort reform. The publicity associated with high-profile, high-awards personal injury lawsuits have given the exaggerated impression that punitive damages are always excessive and unjust. Though it is true that some punitive damages awards have been very high, in reality, punitive damages are quite limited, in both theory and practice. The US Supreme Court has imposed several limits on punitive damages, and has suggested that even a ratio as low as 4:1 between punitive and compensatory damages could be a violation of the Constitution's due process clause.

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Dealing with a car accident in which you were not at fault can be a traumatizing and costly experience that has the potential to have debilitating effects on your physical, mental and financial well-being. Considering the fact that Texas personal injury cases have a two-year statute of limitations, taking care of your situation in a timely and efficient manner is vital.

Knowing your rights and discussing your situation with a qualified attorney, will make this process much more straightforward and less stressful, allowing you to focus on getting your life back together.

Types of Car Accidents

There are many different types of accidents that are eligible for personal injury claims due to the negligence or carelessness of another. Some of the most common accidents in Texas include:

- Low Speed Impact Crashes
- Rear End Impact Accident
- Head On Impact
- Side / T-bone Collisions
- Uninsured Motorist Accidents
- Whiplash Car Accident Injuries
- Defective Roads
- DUI / Drunk Driver Accidents
- 18 Wheeler / Semi-Truck Accidents
- Accidents where passengers are injured

As for the specific damages, Chapter 41 of the Texas Civil Practice and Remedies Code defines the types that are permitted in the state for a car accident lawsuit. Included are economic damages (compensation for any actual financial loss), non-economic damages (compensation for physical pain and suffering), exemplary damages (punitive damages for the defendant if they acted with gross negligence) and compensatory damages (additional economic and non-economic damages that may be rewarded).

According to §16.003(a) of the Texas Civil Practice and Remedies Code, the Statute of Limitations allows you to pursue legal action for a car accident or property damage up to two years following the occurrence. The same amount of time (2 years) also applies to those who suffered a bodily injury in the car accident.


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