Elderly man killed in Edinburg auto-pedestrian accident
Posted on Tuesday, November 14th, 2023 at 9:22 pm
EDINBURG – A 78-year-old man has died after being hit by a vehicle in Edinburg.
In a news release, a police spokesperson said the crash happened Saturday, November 11 just before 7:30 p.m. in the 2000 block of E. University Drive.
“Through the investigation, it was determined that 78-year-old Juan Solis of Edinburg was walking on the outside lane when he was struck by a black Ford Expedition traveling east,” the release stated.
That vehicle’s driver stopped and provided aid and is cooperating with police, according to the news release.
The investigation was still active at this writing.
Senior citizens and personal injury cases
When a person gets hurt as a result of a personal injury, they are entitled to compensation that covers only their accident-related injuries. That means that they cannot collect any compensation for pre-existing conditions. That includes any injuries or medical conditions that they had prior to the accident.
The challenges
Insurance companies and their lawyers will often try to claim that all or most of a senior victim’s conditions were pre-existing. That is because an elderly person is likely to have more pre-existing conditions than a younger person.
On top of that, an accident that might cause relatively minor injuries in a young person might cause catastrophic injuries to an older one. The combination of a greater chance of both pre-existing conditions and a higher chance of more serious injuries means that insurance companies and lawyers will try to claim that an elderly person’s injuries were there before the accident so that they do not have to pay a higher settlement amount.
Younger plaintiffs tend to get awarded more than seniors for pain and suffering, because of the perception that they will be experiencing it for a much longer time. The loss of income or wage-earning capacity is also something that is taken into consideration with personal injury cases.
If a person is retired, or has a lighter work schedule because they are older, then they will not get rewarded as much as someone with a full-time job. With all that being said, juries tend to be sympathetic to older people so there is still a chance that a senior could receive a substantial reward if their personal injury case ends up in court.
Contact the J. Gonzalez Law Firm
A knowledgeable and highly-skilled personal injury attorney can make the case that the senior’s injuries were in fact caused by the accident. No matter your age, you should get in touch with the J. Gonzalez Law Firm soon as possible. Our team of personal injury professionals will help you to file your injury claim so that you can get the compensation that you deserve, and that you won’t be penalized simply because of your age.
New data highlights dangers of working in the Texas oil patch
Posted on Friday, November 10th, 2023 at 10:43 pm
A new study from the US Centers for Disease Control and Prevention offers new insight into the fatal risks that come with being a Texas oil field worker.
By the numbers
The study, released September 25, 2023, examined federal workplace data from 2014 to 2019. It tracked 470 deaths among industry workers across the U.S., and found that vehicle crashes and being hit by an object while on the job were the leading contributing factors of death.
Other factors that contributed to death included explosions, falls, and exposure to harmful substances.
Of the 470 deaths recorded in the five-year study period, Texas had the most fatalities in the U.S. with 219. Oklahoma was second with 48 deaths in Oklahoma, and the third-most number of deaths (39) occurred in North Dakota.
Types of injuries
The CDC study also looked at the types of non-fatal injuries that were most-commonly reported in oil fields across the nation. A few of the most-common injuries included:
- Severe burns
- Loss of limbs
- Internal organ trauma
- Loss of sight or hearing
- Broken bones
- Traumatic Brain Injury (TBI)
- Gonzalez is on your side
If you or a loved one is ever injured in an oilfield accident, the J. Gonzalez team of experienced oilfield attorneys can help you or your loved ones pursue a civil claim in a number of ways:
- We will conduct a thorough investigation. In the event of an oil rig explosion, many entities may be in the pursuit of the cause of said incident. A number of industry professionals may be looking into the accident including the oil company executives, the Coast Guard, and other legal entities. We promise to crack down on the incident and prioritize your personal recovery through diligent pursuit of the facts surrounding the incident.
- We can determine who is liable for your injury. Numerous parties may have exhibited negligence contributing to the oil rig accident that has caused you injury or harm. Some of the many entities include platform contractors, rig supervisors, equipment manufacturers, and other laborers.
- We will aggressively fight for your just compensation, even if we have to go up against the most powerful oil companies. When it comes to the negligence of a big name oil company, we will not back down until you receive a fair settlement for the injuries you have suffered. Our well-versed team is confident in taking a claim before a court so that justice is served.
Have you suffered work-place injuries or faced death in an oilfield explosion? Contact the trustworthy Texas oilfield accident attorneys of J. Gonzalez today for quality service from a firm with years of successful litigation. Our number is 1-800-CAR-CRASH.
Donna police seek vehicular assault suspect
Posted on Thursday, November 2nd, 2023 at 4:55 pm
Donna police are looking for a man accused of driving his vehicle into a group of people outside a bar in the early morning hours on October 30.
According to a news release, 26-year-old Manuel Aguilera of Pharr allegedly drove into the group of people as they were standing outside of a bar in the 4500 block of North FM 493 just after 2 a.m.
Aguilera is facing multiple warrants on charges of aggravated assault with a motor vehicle. Police say the incident occurred after an altercation at the bar. The warrants were issued after a video circulated on social media allegedly show Aguilera striking the pedestrians with his vehicle, according to the release.
Three people were injured, including one who was transported to a local hospital with serious injuries, according to the report.
“Aguilera has ties to … relatives in the city of Donna, however, (he) is believed to be hiding in the Pharr-Edinburg area,” the release further states.
Police ask anyone with information about Aguilera’s whereabouts to contact the Donna Police Department. Anonymous tips may also be made to the Donna Crime Stoppers at (956) 464-TIPS (8477).
Violent crime and personal injury
Victims of violent crime have a right to file a personal injury lawsuit for damages, including punitive damages, to recover from physical injuries and long term emotional trauma. However, crime victims do face unique challenges in seeking compensation for their injuries.
Who will be sued?
The perpetrator of the crime is the obvious at-fault party. Some of them might have personal insurance, but most insurance policies do not cover intentional criminal acts. It is important for victims to retain an experienced personal injury lawyer who can determine if there are other parties beyond the perpetrator who might bear some responsibility for their injuries.
These can include:
- A security company that failed to prevent the attack
- A commercial property owner who did not provide adequate security
- A government entity that owned the property where the incident happened, and did not secure the premises
Proving damages
Another hurdle to overcome in lawsuits following criminal activity is how to prove the damages you are owed. Arguing damages can be a highly-technical and complicated process. It requires expert witness testimony from doctors, therapists, or others who can speak to the severity of the crime, the seriousness of the injury, and the projected length of recovery. In short, victims need the resources and legal acumen of an attorney.
Texas Crime Victims Fund
The State of Texas does have a fund to compensate victims of violent crime. Some victims can be fully compensated for their injuries, but in most cases it will not pay for long-term recovery, and some victims can be denied compensation altogether.
Call J. Gonzalez
If you are a victim of a violent crime, an experienced personal injury attorney will be able to advise you on the best way to proceed. J. Gonzalez and his team of experienced personal injury attorneys are ready to evaluate the facts specific to your case. The initial consultation is free, and if we take up your case, you pay nothing unless we win a judgement or settlement on your behalf.
Call 1-800-CAR-CRASH today to find out what we can do for you.
Donna teen dies after being struck by two vehicles
Posted on Tuesday, October 24th, 2023 at 3:16 pm
EDINBURG — The Texas Department of Public Safety (DPS) is investigating an October 20 auto-pedestrian accident that claimed the life of a Donna teenager.
According to a DPS news release, the incident happened at 8:00 p.m. on FM 1423 just south of Anderson Road. The report states that a white Chevrolet Silverado traveling north on FM 1423 struck a pedestrian who was walking on the road. The pedestrian’s body was then run over by a black GMC pickup which was following the Silverado.
Both drivers stopped at the scene and no charges will be filed against them, according to DPS.
The victim has been identified as 16-year-old Jacob Morales of Donna.
The DPS news release states that Morales was wearing dark clothing, and that the roadway is not well-lit, which may have contributed to the accident.
DPS suggests the following safety tips for pedestrians:
- Follow the rules of the road and obey signs and signals.
- Walk on sidewalks whenever they are available.
- If there is no sidewalk, walk facing traffic as far from traffic as possible.
- Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
- If a crosswalk or intersection is not available, find a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
- Watch for cars entering or exiting driveways or backing up in parking lots.
- Avoid alcohol and drugs when walking; they impair your abilities and your judgment.
- Wear reflective materials and white or bright colors at night to increase visibility. Avoid dark clothing when possible.
Damages available after the wrongful death of a minor child
Parents and family members of children killed in an accident may be entitled to damages that would not typically be awarded following the death of an adult. Damages that may be available following the wrongful death of a child include:
- Medical Bills
- Funeral and Burial Costs
- Value of Household Services
- Loss of Companionship
- Loss of Gifts and Benefits
- Loss of Financial Support
Calculating damages
Certain direct expenses, such as those for medical bills and a funeral, will be fairly evident. Other damages, including those for lost financial support, can be harder to identify. Because of that, defense attorneys will put up resistance. It’s important that you work with an experienced personal injury lawyer who knows how to identify and value your damages.
The J. Gonzalez Law Firm has valuable relationships with a variety of experts which we use when we need to calculate hard-to-value damages. These experts review the information we gather and determine an appropriate value for a specific harm. Relying on reputable experts allows us to back up our request for damages with hard evidence and support.
There are many more details on this topic, so if you need more information, call us today for a free, no-obligation consultation. Our number is 1-800-CAR-CRASH. You can also set up an appointment via this website.
Source: https://www.valleycentral.com/news/local-news/dps-one-teen-dead-in-auto-ped-accident/
Raymondville toddler injured in dog attack
Posted on Friday, October 20th, 2023 at 3:34 pm
RAYMONDVILLE – Raymondville police are investigating an October 15 dog attack on a two-year-old girl. According to Detective Jason Garcia, the incident happened around 4:20 p.m. in Veteran’s Park.
Garcia said the girl was bitten on her head and upper lip by a dog that was subsequently found restrained in the front yard of a house across the street from the park.
Garcia said the girl “lost a lot of blood,” but was conscious. She was transported to a local hospital and was last reported in stable condition.
The dog was taken into animal control custody, where it would quarantined for a couple of days, according to Garcia, who added that the owner has been cited for having a dangerous dog.
Dog ownership in Texas requires that the owner takes reasonable steps to ensure the animal does not harm other humans. Those steps can include keeping the dog fenced, or humanely tethered to remain on the owner’s property.
Dog bites can result in severe injury, including lacerations to the skin, loss of fingers or toes, and loss of eyesight. Besides the physical scarring, dog attacks can alsi cause emotional trauma and other psychological damage to victims.
Dog bites are covered under Texas personal Injury laws, and when someone suffers injury from a dog bite, they are allowed to seek fair compensation for damage claims. Victims can seek compensation for medical care, emotional trauma and other claims.
Who is liable for damages?
When a dog hurts someone, the owner of the animal is usually the person responsible for compensating victims and/or their family. Criminal charges against the owner are also possible in rare instances.
The dog owner’s liability insurance (usually a homeowners’ or renters’ policy) may cover the injured person’s losses, even if the injury happens off the owner’s property.
After a dog bite incident, it’s important for both the injured person and the animal owner to take steps to protect their legal rights.
The personal injury attorneys at the J. Gonzalez Law Firm are well-versed the laws regarding dog bites, and they can represent you if you ever become a victim of a dog attack.
Call J. Gonzalez today at 1-800-CAR-CRASH to learn more about how you can get the compensation you deserve!
Trike motorcyclist killed in crash near Harlingen
Posted on Thursday, October 19th, 2023 at 5:03 pm
HARLINGEN – One man is dead following a trike, or three-wheeler, motorcycle crash near Harlingen. According to the Texas Department of Public Safety (DPS), the single-vehicle crash happened October 15 at approximately 8:20 a.m. on Business Highway 83 west of Bass Boulevard.
A DPS news release identified the victim as 83-year-old Loyal Clark Temple of La Feria. The release stated that Temple was traveling east on a white, 2006 Honda tri-motorcycle when he veered off the road “for unknown reasons.”
The trike continued on a straight-line path through a parking lot before striking a tree, according to the report. A Justice of the Peace pronounced Temple dead at the scene.
DPS continues to investigate the crash.
Is a trike motorcycle safer than a traditional motorcycle?
The short answer is both “yes” and “no.”
Trikes do seem to provide greater visibility to other drivers on the road. Research shows that automobile drivers are generally looking for other cars and trucks, and tend to “overlook” motorcyclists. Most motorcycle accidents occur when motorists either did not see the motorcyclist, or they did not bother to look, or they looked too quickly.
Three-wheel motorcycles, because of their unique design and bigger footprint on the road, tend to “turn heads,” which results in increased visibility.
Having three wheels instead of only two also make trikes more stable than standard motorcycles. This virtually eliminates the possibility of laying a trike on its side. Laying down a motorcycle is always a possibility and can be caused by a number of factors such as oil slicks, potholes, or having to turn quickly and unexpectedly.
Even so, trikes do not offer the safety features that motorists enjoy in most automobiles. Trike operators are not inside an enclosed metal body frame, and there are no seat belts and airbags. Trikes can also give the operator a false sense of security, which can lead to complacency.
Trikes also handle much differently than a motorcycle, and some motorcycle riders think they can make the transition to a trike without additional training. This simply isn’t the case, and can be another source of an unexpected crash.
J. Gonzalez Experience
J. Gonzalez is an avid motorcyclist of many, many years. First and foremost, he recommends all motor trike and motorcycle riders to wear a helmet, wear safety clothing, and take a course on motor trike (or motorcycle) safety and operation. You would be surprised how much you can learn in a course with professional instructors.
Secondly, if you are involved in a motor trike or motorcycle accident that was not your fault, call the J. Gonzalez Law Firm for the most-professional and experiences legal representation. J. Gonzalez and his team of expert personal injury attorneys will get you the compensation you deserve, and hopefully get you back out on the open road as soon as possible. Call 1-800-CAR-CRASH today!
Washington family awarded millions in herbal supplement lawsuit
Posted on Thursday, October 12th, 2023 at 6:10 pm
According to The Daily News newspaper, a Cowlitz County, Washington jury has awarded $2.5 million to a Castle Rock family following a wrongful death lawsuit. 39-year-old Patrick Coyne, who suffered from back pain, died from ingesting a pain reliever called kratom, which is not regulated by the Food and Drug Administration.
A 12-member jury ruled in August in favor of Sybil Coyne and her late husband’s estate that Wendianne Rook and her Oregon-based company, Society Botanicals, were liable because the Kratom product she sold was not reasonably safe in design, its labeling was negligent, and that those factors led to Patrick’s death, according to court records.
Kratom is a tree native to Southeast Asia and its leaves are packaged in pills, powders or drinks and sold as an all-natural supplement that can relieve pain, anxiety, and opioid withdrawals.
Patrick Coyne — a Portland boat mechanic with a history of back pain — took Rook’s powdered product, “Kratom Divine’s Maeng Da,“ several times a day at both work and home the lawsuit alleged.
He was found dead, sitting in a recliner in the family’s home on June 27, 2020. A bag of Kratom was found near the body of Patrick Coyne, who left behind three children under the age of around 13, according to the lawsuit. Kratom is legal in Washington state, but some states have laws against possessing or selling the marketed supplement.
Rook declined to comment on the verdict to The Daily News.
Kratom is legal in Texas, however, it is regulated. As long as you’re over 18, you can buy kratom in Texas, and starting on September 1, 2023, all places that sell kratom in Texas will have to meet the state’s regulatory guidelines for consumer safety and knowledge.
Losing a loved one is always painful, but the pain and anguish are only compounded if the death was preventable, and was caused by another person’s carelessness, disregard for safety, or product liability. The bereaved family of a person who dies as a result of another’s negligent or wrongful actions may be entitled to seek justice on behalf of their loved one.
Here are the main steps in wrongful death claims in Texas:
Talk to a lawyer
The complex rules around wrongful death claims require the help of a wrongful death lawyer. Start the process as soon as possible to avoid running up against time limits set forth in the statute of limitations. Under Texas law, the surviving family or the deceased’s estate has two years from the date of the deceased’s death to file a lawsuit.
Get a death certificate
Before you can begin the wrongful death claims process, you must have a death certificate that documents the fact and cause of the deceased’s death. You can obtain one at the county clerk’s office in the county where the victim died or by requesting a certificate online from the Texas Department of State Health Services.
Did the deceased leave a will?
If your family member left a will, it should identify the executor or personal representative of the estate. That designated individual can file a wrongful death claim, survival action, or both on behalf of the deceased and their family. If there’s no will, the courts will name a personal representative of the deceased’s estate.
Investigation of death
Your claim will need to demonstrate the defendant’s negligence in order to recover compensation. Your attorney can help you gather persuasive evidence, such as medical records, accident reports, eyewitness accounts, and photos from the accident scene.
Identify eligible survivors
Only certain family members and the representative of the decedent’s estate are eligible to file wrongful death claims. These individuals must be identified and notified before any wrongful death claim can proceed.
Document the losses
To demand the maximum amount possible through a wrongful death claim, the deceased’s surviving family members and their attorney will need to list all the harm they’ve suffered due to the deceased’s untimely death.
Call J. Gonzalez
Wrongful death lawsuits will never fully compensate families for everything they lost when a loved one has died. However, many families can get a sense of closure by holding whoever caused the accident legally responsible. At the J. Gonzalez Law Firm, our experienced and empathetic attorneys are ready to help you with a wrongful death case. To find out more, you can call our office at 1-800-CAR-CRASH, use our live chat service, or visit our contact page on this website.
Choosing the right Personal Injury Attorney
Posted on Friday, October 6th, 2023 at 3:13 pm
If you’ve suffered an injury due to someone else’s negligence, you are entitled to file a personal injury insurance claim or a lawsuit to recover compensation for your damages. Your livelihood and future quality of life could hang in the balance, so choosing the right personal injury lawyer is one of the most important decisions you will ever have to make.
Here are a few characteristics to look for when you need someone qualified to provide you with the high-quality representation you deserve.
Experience
Look for an attorney who has years of experience handling personal injury cases. The skills, knowledge, and expertise that you need on your side can only come from an attorney who has worked on real-world personal injury cases.
Gonzalez received his law degree from St. Mary’s University School of Law in 2000. Since then he has been immersed in personal injury law, managing multiple cases, supervising staff, understanding clients’ needs, managing a law office, and working with judges, fellow attorneys, and court personnel.
Moreover, Jesse Gonzalez has always been involved in providing support and service to his local community by fighting for those who cannot fight for themselves.
Expert investigator
A great personal injury attorney knows the importance of conducting a thorough and independent accident investigation. J. Gonzalez doesn’t simply use police reports to build his cases. He conducts his own accident investigation to identify and preserve critical evidence to prove the other party caused your injury.
Over the years, he has built a network of specialists to assist his investigations, including accident reconstruction experts, medical professionals, and financial advisers to ensure he uncovers all evidence needed to prove fault, and obtain the maximum compensation allowed by law.
Mediator and litigator
Not every personal injury case goes to court. Sometimes it’s best to negotiate a settlement rather than filing a lawsuit or going to trial. J. Gonzalez is a skilled mediator, as well as a successful trial attorney, and he knows when to settle and when to fight. This gives you the best chance of maximizing your recovery in a personal injury case.
A good communicator
A crucial element of the attorney-client relationship is the ability to communicate and listen. Your personal injury attorney should be great at both.
J. Gonzalez does not want to do all the talking. He is an attorney with good listening skills, he observes, and he listens without interrupting. His goal is to gain a deeper insight into the circumstances and complexities of your accident in order to build the strongest case and obtain the highest-possible compensation.
Contact J. Gonzalez today
Gonzalez has been fighting for the rights of injured victims in Texas since 2000. He is ready to listen to your concerns about your crash, and he’s prepared to utilize the vast resources of his law firm, while providing the highly-personalized care you deserve.
Call today at 1-800-CAR-CRASH for your free, no-obligation initial consultation.
How do insurance adjusters gather information to make their settlement offer?
Posted on Wednesday, October 4th, 2023 at 2:39 pm
The first person an insurance company will want to talk to about your claim is you. Therefore, an insurance adjuster will likely contact you very quickly to try to collect information from you about your claim. They will likely ask for a description of your damages, as well as what happened during your accident.
The key thing to remember when you’re contacted by an adjuster is that he or she works for the insurance company. Therefore, the adjuster is interested in helping the company, not you.
The adjuster might even go so far as to misrepresent certain things about your right to settlement, and may ask for facts they do not have a legal right to have. They will do this just to find a reason to lower their offer.
Adjusters might also ask if they can record their conversations with you. Don’t give them that permission. You have no obligation to allow them to record your statements, as they may attempt to use them against you in the future if you do allow them to record you.
Finding the worth of your settlement and moving through the settlement process can be complicated. That’s why you need a reputable personal injury attorney on your side.
The J. Gonzalez Law Firm has years of experience fighting against insurance companies to get the justice our clients deserve. Contact us for a free consultation today at 1-800-CAR-CRASH.
Crash near San Benito leaves two dead
Posted on Monday, October 2nd, 2023 at 2:01 pm
The Texas Department of Public Safety (DPS) is investigating a September 26 three-vehicle crash that claimed the lives of two people. The accident happened about 5:00 p.m. at the intersection of FM 803 and FM 510 about eight miles east of San Benito.
According to a DPS news release, a 2013 Dodge Ram 1500 was traveling south on FM 803 at a high rate of speed and the driver ran a stop sign at the intersection of FM 510. The report states that the truck struck two vehicles at the intersection – a 2004 Toyota Corolla, and a 2022 Hyundai Kona.
Two women inside the Toyota were killed in the collision. They are identified as 97-year-old Mauricia Cruz-Rodriguez, and 62-year-old Blanca Mauricia Zamorano. Both of the victims were from Los Fresnos, according to DPS.
The truck’s driver and the driver of the Hyundai were not identified in the DPS news release, nor did it state whether or not they were injured.
DPS continues its investigation into the crash.
Running a stop sign is a recognized negligence per se argument
Most people recognize that running a stop sign is an act of negligence, but Texas courts go a step further. They say it’s not just run-of-the-mill negligence, it’s actually negligence per se.
What exactly is “negligence per se?” A negligence per se allegation holds that the act done by the defendant violated a law, causing harm to someone in the process.
This means if a victim has been injured by someone who ran a stop sign, the victim can file a negligence per se car accident lawsuit against the driver, and will most likely win and gain compensation for their injuries.
Call J. Gonzalez
Even though a jury charge under a negligence per se argument asks a much simpler question and is much easier to win, the defendant’s attorney will still fight to sway the jury against you. That’s why you need the best personal injury attorney on your side to make sure that doesn’t happen.
The J. Gonzalez Law Firm knows all about negligence per se arguments, and we’re familiar with almost every scenario you can think of. So, don’t attempt to handle your negligence per se case on your own. We’re ready to help, if you’re ready to talk, call 1-800-CAR-CRASH.