Pedestrian Hit on I-35 in Austin, Texas
Posted on Friday, October 1st, 2021 at 10:36 pm
Late Sunday night, September 26, a pedestrian was hit on I-35 near Parmer Lane in Austin.
More Details
According to Austin police, the accident occurred on the main lanes of I-35 after 11 pm. Witnesses reported seeing someone walking on the highway just before the individual was hit.
The driver stayed at the scene of the accident; meanwhile, the pedestrian was pronounced dead at the scene.
No further details have been reported.
According to @TXDoT, there were 731 pedestrian deaths reported in the state of Texas in 2020. Pedestrian fatalities increased from 2019 by 9%. Watch out for pedestrians on the road. #pedestrianaccident #caraccidentlawyer #txdot Click To TweetPedestrian Safety
The Texas Department of Transportation has reported 4,852 crashes involving pedestrians in 2020. Some top factors include driver’s inattention on the roads and pedestrians failing to yield to vehicles. Alongside the death rate, it may be an excellent time to be reminded of a few safety tips for both pedestrians and drivers.
For pedestrians:
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- Always look twice in each direction before crossing intersections or crosswalks
- Always make eye contact with drivers before crossing
- Use sidewalks or the left side of the road facing oncoming traffic (when there is a lack of a sidewalk)
- Keep your eyes and ears on the street, put away distractions when walking
- Obey crosswalk signals and all traffic signs
- Avoid jaywalking at all costs
For drivers:
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- Yield to pedestrians when turning
- Always stop for any pedestrians when they are crossing
- Be alert for any buses or stopped vehicles that may be dropping off pedestrians
- Always avoid distractions when on the road
- Reduce speed and stop before crosswalks
Preventing Pedestrian Accidents
Our Brownsville car accident lawyers at J. Gonzalez Injury Attorneys believe in the importance of preventing pedestrian accidents from occurring in 2021. We understand that pedestrians are the most vulnerable people on the road due to a lack of protection when walking.
To prevent pedestrian accidents, we urge both drivers and pedestrians to stay alert on the roads at all times. By doing so, you will be keeping each other safer when driving or walking.
Unfortunately, accidents do occur. If you or a loved one was a victim of an auto-pedestrian accident, you may be entitled to financial compensation to help you recover, both physically and mentally, from any damages you may have suffered.
Source: KXAN
Woman Ran Over on Highway in Houston, Texas
Posted on Thursday, September 30th, 2021 at 2:34 am
At 2:45 a.m. on Monday, September 27, a woman got hit twice and killed while crossing I-45 in Houston, Texas.
Additional Details About This Accident
According to the Harris County Sheriff’s Office, the woman and her boyfriend pulled over at I-45 and N Fwy Service Rd in the Northern Houston area. They were both in a 2021 Chevrolet Silverado.
HSCO reported that after pulling over, the woman got out of the pickup truck after arguing with her boyfriend. She then ran across the southbound lanes of I-45, attempting to wave down traffic.
Two vehicles hit her after she hadn’t given them the right of way, according to HSCO. The first driver was coming straight from work and failed to see her. The second saw her right before hitting her. All drivers cooperated with Harris County Sheriff’s Office as the deputies arrived at the scene.
The woman was pronounced dead at the scene, and the case remains an ongoing investigation.
In 2020 @TXDoT reported that 731 pedestrians were declared dead due to car accidents. Pedestrian accidents remain a serious problem in Texas. Keep our roads and citizens safe by paying close attention to the road in front of you.… Click To TweetStatistics and Causes for Auto-Pedestrian Accidents
Auto-pedestrian accidents are usually caused by the negligence of the driver. Drivers need to watch out for pedestrians and stay alert while driving on the road. Main causes for auto-pedestrian accidents include:
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- Speeding
- Driving while distracted
- Fatigue or sleepiness
- Severe Weather Conditions
- Driving Under the Influence of Alcohol or Drugs
- Defective Auto Parts
Life-Saving Tips for Pedestrians
Because this case is an unfortunate and unique one, your Brownsville car accident lawyer would like to advise pedestrians to avoid crossing the highway at all costs. Crossing the highway is not advisable for any pedestrian because vehicles are usually going at high speeds and may fail to see you or slow down, especially during the late-night hours.
Although these accidents occur too often, they may be prevented by following these helpful tips to keep you as safe as possible:
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- Use Sidewalks: Sidewalks are for pedestrians, bystanders, and cyclists so they may maneuver around busy streets safely. If you don’t see a sidewalk, stay far away from the road.
- Use the Crosswalks: Crosswalks are designed to help pedestrians safely move from one side of the road to the other. If there are no proper crosswalks, walk to the nearest safe pedestrian crossing or be sure that you are visible and keep eye contact with the driver so they may yield to you and allow you to cross.
- Avoid Distractions At All Costs: Keep both eyes on the road while walking. It is essential to avoid potential distractions, such as looking at your cell phone or listening to loud music while crossing the road.
- Be Visible: Stay as visible as possible to drivers. Wear bright, reflective clothing at night if walking around and crossing the road.
Allow Our Car Accident Attorneys to Represent Your Claim Today
Being involved in an unintended auto-pedestrian crash can be severely traumatic for those involved. Crashes like these may result in physical injuries, emotional distress, or worse.
If you or a loved one was involved in an auto-pedestrian crash, your Brownsville car accident attorney at J.Gonzalez Injury Attorneys can help you seek compensation for damages and injuries caused to help aid in your recovery.
Source: ValleyCentral.com and ABC13
Mental Health Awareness Month: Discussing PTSD After A Car Accident
Posted on Wednesday, September 29th, 2021 at 11:54 pm
Car accidents may cause traumatic bodily injuries and affect how you live and feel in your day-to-day life. For example, please take a moment to read our previous blog, where we speak in further detail about depression after a car accident.
With October being Depression and Mental Health Awareness Month, your Brownsville car accident lawyers at J. Gonzalez Injury Attorneys would like to take this opportunity to speak about PTSD after a car accident.
What is PTSD?
As defined by the American Psychiatric Association, PTSD, known as post-traumatic stress disorder, is an “anxiety disorder that often follows a traumatic event involving actual or threatened death, serious injury, or threat to the physical integrity of oneself or others.”
Since a significant amount of car accidents often result in injury, it is common for people to develop PTSD. The National Institute of Mental Health reported in 2019 that 39.2% of MVA (motor vehicle accident) survivors reported some form of mental health issues following an incident.
Symptoms of PTSD
There are a variety of symptoms of PTSD that may appear after a car accident. These symptoms include but are not limited to:
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- Re-experiencing the trauma: This may take the form of having intrusive thoughts, dreams, nightmares, or flashbacks about the accident.
- Avoidance: You may want to actively avoid thoughts or situations relating to the accident, such as refusing to drive or not speaking about the accident.
- Numbing: Not feeling or having emotional responses, detaching from others, or feeling an absence of emotion.
- Anxiety: You may experience anxiety when driving or riding in vehicles following the incident.
- Being startled easily or irritable.
PTSD may also trigger feelings of extreme anxiety or depression. It is important to seek help if you begin to notice additional symptoms, such as:
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- Feelings of hopelessness.
- Difficulty sleeping or eating.
- A significant disruption of day-to-day activities due to your emotions.
- Heavy reliance on alcohol or drugs.
- Thoughts of self-harm and/or suicide.
Steps To Take
Dealing with PTSD following a car accident can be overwhelming to deal with on your own. Your car accident lawyers in Brownsville would like to share a few steps you can take to alleviate the weight you are feeling.
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- Talk it out. It is helpful to speak to your friends and family to receive the necessary support you need.
- Get help. Following the accident, reaching out to a mental health professional, such as a counselor or psychiatrist, is essential to help you begin your healing journey.
- Follow up with your doctor. Your doctor can refer you to a qualified mental health professional. They may also help by prescribing the medication you need.
- Staying active. Make sure to speak to your doctor about the kind of exercise you may do to keep your body active, depending on injuries sustained during the accident.
- Get back to a routine. Learning how to get back to a routine is easier said than done. Be kind to yourself when practicing getting back to your regular day-to-day routine.
- Do your best. We understand that dealing with PTSD is hard enough. Do the best you can, keep reaching out for help, and know that you are not alone.
How Your Car Accident Lawyer Can Help You
Your Brownsville car accident lawyers at J. Gonzalez Injury Attorneys believe that your mental health is important. If you or a loved one are experiencing PTSD after a car accident, you may be entitled to compensation due to emotional distress. Read our previous blog to learn more about emotional distress.
Lastly, we want to remind you that you are not alone. We are here to help you get the justice you deserve so that you may begin a path of recovery and healing.
Motorcyclist Dead at Scene of Accident in San Antonio
Posted on Sunday, September 26th, 2021 at 11:27 pm
A motorcyclist crashed on Thursday, September 23, around 11:30 a.m. in San Antonio.
More Details
Authorities reported that the driver was traveling on the city’s west side by US Highway 90. Another driver in a Nissan Altima was traveling south in the 1300 block of South General McMullen.
After making a left turn, she collided with the motorcyclist, who was traveling northbound. The motorcyclist was declared dead at the scene after being struck.
The victim is said to have been in his 40s or 50s. The other driver was not charged.
Safety Around Motorcycles
Showing respect around motorcycles is as important as showing respect for other cars, trucks, and heavier vehicles around you. Respect your fellow motorcyclists. via @TopLawyerRGV #motorcyclesafety #respecttheroad Click To TweetThere are various things to remember when you’re on the road with motorcyclists:
- Passenger vehicles are bigger and can kill a motorcyclist upon impact.
- Do not ignore motorcycles on the road. They are just as much a vehicle as the car or truck next to you.
- Because of their smaller size, motorcycles often stay hidden in your blind spots. Be extra vigilant when crossing intersections or changing lanes.
- Always assume a motorcycle is closer than they look. Their size can play tricks on your eyes. Don’t ever assume their speed relative to yours.
- Keep a further distance from them. Count 3 or 4 extra seconds in between you and a motorcycle than you would other cars.
- Motorcyclists often change lanes to be more visible, move away from debris, passing vehicles, or due to the wind. Give them space to do so.
- Keep a close eye on a motorcycle’s turn signals.
- Remember that there’s always a person underneath that helmet.
- Lastly, you will always cause more damage to the motorcyclist than vice versa.
Your Brownsville Car Accident Lawyer Urges You To Respect Everyone On The Road
One of the most important rules to remember is to be respectful of everyone on the road. The driver and motorcyclist next to you, in front of you, or behind you is somebody’s friend, family member, and loved one. Always stay vigilant on the road and stay mindful of what you and those around you are doing on the road.
If you or a loved one recently experienced a motorcycle accident, reach out to your Brownsville car accident lawyers at J. Gonzalez Injury Attorneys to help you with your accident claim. We will be sure to help you receive the compensation you deserve so that you can make a swift recovery.
Chain-Collision Crash Causes Lanes To Close in Corpus Christi
Posted on Sunday, September 26th, 2021 at 10:38 pm
On the night of Wednesday, September 21, a vehicle failed to stop and caused a five-vehicle collision along S.P.I.D near the Ayers Street exit.
Further Details About Accident
At around 8:40 p.m., a Corpus Christi Police Dept. supervisor was assisting at another car accident scene involving two vehicles when another driver failed to stop and slammed directly into a second vehicle. The second vehicle then hit the CCPD supervisor’s car.
Lieutenant Lee Preiss reports that emergency lights were on to advise incoming traffic of the car accident scene where the CCPD supervisor was assisting.
The five-car collision ended up closing four lanes along the freeway, including entrance and exit ramps between Weber Road and Ayers exit.
The driver of the vehicle that failed to stop and caused the chain-collision crash is facing citations. No life-threatening injuries were reported at the scene of the crash.
How To Drive Around the Scene of an Accident
Emergency lights on the highway are meant to signal you to slow down. When witnessing an accident from afar, it’s best to follow a few guidelines to help you navigate your way around the accident in a safe and respectful manner:
- SLOW DOWN. One of the most important things to do first is to slow down your vehicle. Doing so will allow you to be aware of any emergency personnel that is helping guide traffic past the accident.
- MOVE OVER. After slowing down, give space and move over a lane. However, if prevented from doing so, keep slowing down and pay attention to what’s happening on the road.
- AVOID DISTRACTIONS. If you’re on a call or blasting music, be sure to end that call and lower your music. Avoid any distractions possible while navigating your vehicle past the scene of the accident. Also, be sure to pay attention to where emergency personnel are standing to avoid any further accidents.
Your Car Accident Lawyer in Brownsville Will Help You With Your Accident Claim!
According to @TXDoT most collisions in Texas happen from speeding, driving under the influence, not yielding to others, and running red lights or stop signs. Slow down and follow the rules of the road to avoid a collision at all… Click To TweetCar collisions can be avoided by following the rules of the road and slowing down when you see emergency lights up ahead. However, your Brownsville car accident lawyer, Jesse Gonzalez, knows that accidents can still happen.
If you or a loved one are injured in a chain-collision crash, you may be entitled to financial compensation to help ease your recovery, both emotionally and financially. We will be here every step of the way to help you with your car accident claim!
Source: KRIS 6 News
Fatal Multi-Vehicle Crash Results in 2 Dead & Multiple Injured in Beaumont, TX
Posted on Thursday, September 23rd, 2021 at 5:40 pm
On Monday, September 20, a little after 8 p.m., multiple vehicles crashed together on I-10 eastbound at FM 365 in Beaumont, Texas.
More Details on the Car Accident
As reported by authorities, a black car traveled east on I-10 and drove through the median, hitting a van with seven passengers, also traveling eastbound.
There were two deceased, a passenger of the black car and a backseat passenger of the van.
The driver of the black car and the other six people in the van suffered injuries, with one of the van’s passengers taken to a Houston hospital for life-threatening injuries.
Did you know that according to @TxDOT a fatal crash was reported every 2 hours 15 minutes in 2020? Follow traffic rules and keep a close eye on the road. Click To TweetFatal Texas Car Crash Statistics
Staying safe on the road to avoid any potentially fatal car accidents should be every drivers’ priority. Even with traffic reductions that occurred in 2020 due to the pandemic, a significant amount of car collisions occurred in Texas. As reported by the Texas Department of Transportation:
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- In 2020, 1 person was injured in a car accident every 2 minutes and 34 seconds.
- At least 1 reportable crash happened every 1 minute and 7 seconds.
- In 2020, Texas had a 7.4% increase in the death toll caused by car crashes compared to 2019, with 3,896 deaths reported versus the previous 3,623 in 2019.
- 14,656 people sustained a serious injury from car crashes in 2020.
- At least 1 person died each day in 2020 on Texas roads from a fatal car accident.
Your Brownsville Car Accident Lawyer Urges You to Stay Vigilant at all Times on Texas Roads
J. Gonzalez understands the anxiety caused by observing a car accident while driving on the road. With an increase in deaths from car accidents on our Texas roads, it may seem scary to drive on busy days to get to where we need to go.
That is why your Brownsville car accident lawyer advises you to always stay vigilant at all times, follow our state’s traffic laws, and respect other drivers next to you and around your environment.
However, if you or a loved one was recently involved in a car accident, be sure to reach out to J.Gonzalez Injury Attorneys to file your car accident claim.
Source: 12newsnow
Depression After A Car Crash And What To Do About It
Posted on Wednesday, September 22nd, 2021 at 2:54 pm
Unfortunately, car crashes occur that can devastatingly change your life. Oftentimes, everything after a car accident will feel overwhelming and difficult to deal with due to the trauma that it may have on your physical and mental health.
It is common for victims of a car crash to develop a lot of heavy emotional trauma and emotional distress. Your car accident lawyer in Brownsville recommends you check out our previous blog post to learn more about the ins and outs of emotional distress, such as pain, depression, and PTSD.
Common Symptoms of Depression
According to the American Psychiatric Association, depression is a common, yet serious, medical illness and condition that heavily impacts a person’s day-to-day life, as well as their physical and emotional health.
The APA reports that the most common symptoms of depression are:
- Feeling sad or being in a depressive mood
- Loss of interest or pleasure in activities once enjoyed
- Changes in appetite and weight loss/gain
- Trouble sleeping or excessive sleeping
- Loss of energy or increased fatigue
- Increase in purposeless physical activity
- Slowed movements or speech
- Feeling worthless and/or guilty
- Difficulty thinking, concentrating, or making decisions
- Thoughts of death or suicide
Source: American Psychiatric Association
Now that you are aware of the symptoms of depression, we would like to tell you that we care about you and your mental health.
If you or a loved one are suffering from depression due to a recent car accident, your Brownsville car accident lawyer recommends that you, first and foremost, visit a mental health professional or therapist to receive the best help to aid in your recovery. via @TopLawyerRGV
Steps To Take For Depression After Car Accident
Your Brownsville car accident lawyer advises you to take these necessary steps towards making a claim after a car accident:
- Receive immediate medical treatment. After a car accident, it is important to seek immediate medical attention from your doctor and/or mental health professional. Doing so will allow medical professionals to properly diagnose and treat any physical and mental harm done to you, such as bodily injuries or depression, after a car accident.
- Reach out to your mental health referral/psychiatrist. Follow through with the mental health referrals that your doctor has prescribed you after your car accident. Your psychiatrist will diagnose the causes of your depression after the car accident and prescribe you the appropriate treatments necessary for recovery.
- Follow up with treatment for depression. Your psychiatrist will design the appropriate treatment for your depression. Treatments may vary according to the type of depression diagnosed and include but are not limited to antidepressant medication, cognitive behavioral therapy, and/or interpersonal therapy.
- Keep track of documentation following a car accident. It is important to always keep close track of all documentation following your car accident, especially medical bills and records regarding your physical injuries, mental health diagnosis, and treatments for depression. By doing this, you will be able to show causal evidence of depression following a car accident against the insurance company of the at-fault driver.
- Do not ignore your symptoms. Pay close attention to the physical pain or mental anguish that you feel and report it to your mental health professionals. This can help to prevent any serious condition from developing later on.
Compensation For Depression
Your Brownsville car accident lawyers at J. Gonzalez Injury Attorneys will help you file a claim for depression after a car accident, help you sort and review your medical and financial losses due to the car accident, and make sure that you receive the compensation that you deserve. We will take the weight off your shoulders and help you file a claim against the insurance company of the at-fault driver.
You may be entitled to receive compensation for depression after a car accident due to:
Economic Damages: These are specific damages suffered due to your accident. They include any medical costs and lost wages, such as the cost of mental health care or loss of work due to the severity of your depression.
Non-Economic Damages: Although these damages may be harder to quantify, it is very possible to receive compensation for pain and suffering, such as emotional distress and depression.
Your Brownsville car accident lawyer will keep close track and take care of all the necessary documentation in order to help you receive the peace and recovery you deserve! Depression is hard to deal with on your own. We are here to remind you that your mental health matters to us and you are not alone.
Man Speeds Past Stop Sign, Resulting in a Fatal Crash
Posted on Saturday, September 18th, 2021 at 3:05 am
During the early morning of September 18, a man drove past a stop sign, crashing straight into an 18-wheeler in Channelview, Texas.
More Details About Fatal Crash
The fatal crash occurred right at 3:22 a.m. on Bayou Drive in the 16600 block of the East Freeway service road when the driver of an F-150 truck t-boned directly into an 18-wheeler.
As reported by the Harris County Sheriff’s Office, the driver of the 18-wheeler stopped at the 4-way stop sign, whereas the driver of the F-150 truck did not. He was driving east and ended up crashing directly into the right side of the 18-wheeler’s 42-foot trailer.
The driver of the 18-wheeler had no injuries. However, the man in the F-150 truck was pronounced dead at the scene.
Speed was the major factor at play, with intoxication remaining as a possibility.
The investigation remains ongoing.
Your Brownville car accident lawyer urges you to pay attention to all the signs on the road! Stop, yield, and follow the speed limit to prevent any unfortunate accidents from happening. Click To TweetThe 4 Rules of 4-Way Stop Signs
The stop sign is one of the most important and most common signs on the road. The octagonally shaped sign is red with big white letters spelling out “STOP” to alert people to slow down and make a complete stop before a crosswalk, intersection, or driveway. There are various rules on the road for stop signs, with one of them being how to stop at 4-way intersections:
1.The first vehicle to arrive is the first to go. Regardless of what direction vehicles are coming from, the first driver to arrive at a 4-way stop is always given the right of way.
2.Yield to the right! If two vehicles arrive at a 4-way stop at the same time, the vehicle on the right is given the right of way. However, if a third driver arrives after the first two, they must give the right of way to the two who came before.
3.Straight traffic is given the right of way. When two vehicles arrive at the same time at a 4-way stop and are head-to-head, it’s important to pay attention to any turn signals. If one driver is planning to turn, whereas another plans to drive straight ahead, the driver going straight ahead is given the right of way. However, if both drivers are driving straight, are turning left, or are turning right at the same time, they can proceed since there is no danger of crossing each other’s paths.
4.Right turns over left turns. If two vehicles stop at a 4-way stop sign and are head-to-head and plan to turn, the vehicle that is turning right is given the right of way.
Your Brownsville Car Accident Lawyer Advises You To Pay Attention to the Road
Although it is important to remember the rules of road with 4-way stops, beware of any aggressive or impatient drivers. If you notice a driver moving into the intersection even though it was your turn, always give them the right of way to avoid any accidents.
However, your Brownsville car accident lawyer J. Gonzalez knows that not all drivers will follow the rules regarding stop signs. If you or a loved one were injured in a car or an 18-wheeler accident on a 4-way stop, it may entitle you to financial compensation to help ease your recovery, both emotionally and financially.
Contact us to find out how we may best help you with your car accident claim.
Source: KHOU and Click2Houston
18-Wheeler Accident Causes Highway Shutdown
Posted on Wednesday, September 15th, 2021 at 7:20 pm
Early Tuesday morning, September 14, an 18-wheeler crashed against a jersey wall, causing a fire and highway shutdown on Interstate 35 in Lewisville, Texas.
Further Details About 18-Wheeler Accident
As reported by the Lewisville Fire Department and city official, Matt Martucci, the 18-wheeler hit a barrier wall around 5 a.m. The accident occurred near the President George Bush Turnpike exit at 3000 S I-35.
The crash caused a fire and debris was scattered all throughout the highway and exit ramp. The Lewisville Fire Department put out the fire by around 9:40 a.m., leaving the hazmat crews to clean the debris and fuel all through the early afternoon.
It was reported that they were almost finished with the clean-up around 11:40 a.m.
The highway was closed to traffic until slowly reopening at around 11 a.m.
The heavy impact of the 18-wheeler caused the axles of the truck and trailer to be sheared off. The condition of the driver is unknown, but no further accidents or fatalities were reported at the scene.
Top Statistics on 18-Wheeler Accidents
According to the @NHTSAgov, Texas had the highest number of fatal crashes caused by large trucks. Paying attention to the big rigs on the road will help prevent accidents from occurring on our highways and roads. via @TopLawyerRGV… Click To TweetIn 2019, the National Highway Traffic Safety Administration (NHTSA) reported some startling statistics regarding vehicle accidents with large trucks in Texas, of which the most startling include:
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- 658: the highest number of large trucks involved in fatal crashes in Texas, compared to the rest of the nation.
- 146: the highest number of occupants of large trucks killed in Texas.
- 433: the number of occupants of other vehicles killed in Texas from large truck accidents.
- 73: The highest number of nonoccupants (bicyclists, pedestrians, etc.) killed in large-truck crashes in Texas.
Your Brownsville Car Accident Lawyer Advises You To Pay Attention to the Road
Your Brownsville car accident lawyer, Jesse Gonzalez, is well aware of the fatal consequences that may occur due to an 18-wheeler accident. After all, the statistics do not lie. To best avoid these fatal collisions with an 18-wheeler, pay attention to the road, show respect to all the drivers around you, and give extra space when driving near a large truck or semi-trailer.
However, despite all the precautions that we take every day, accidents can still occur. If you or a loved one were injured in an accident involving an 18-wheeler, you may be entitled to financial compensation to help alleviate your recovery, both emotionally and financially.
Your devoted car accident lawyers in Brownsville at J. Gonzalez Injury Attorneys are committed to helping you recover from your catastrophic accidents. Contact us to find out how we may best help you with your car accident claim.
News Sources: @LewisvilleFire, The Dallas Morning News, WFFA
The Ins and Outs of Emotional Distress Damages in a Texas Personal Injury Case
Posted on Wednesday, September 15th, 2021 at 2:42 am
While living your day-to-day life, you may undergo a traumatic personal injury that may change your emotional and mental wellbeing forever. These accidents may range from car wrecks to workplace accidents or other unfortunate incidents.
These accidents may cause severe emotional distress that impacts you psychologically and make life seem bleak. Despite all the obstacles and difficulties that you or a loved one may be facing, you have the right to demand justice and peace.
Your Brownsville personal injury attorneys at J.Gonzalez Injury Attorneys are here to further explain what emotional distress means in the legal realm and how you may be able to obtain compensation for your painful experiences and injuries.
What Is Emotional Distress?
Emotional distress, also commonly known as mental anguish, refers to the psychological and emotional toll suffered due to the negligent or intentional act caused by another.
Some of the most common examples of emotional distress include:
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety
- Depression
- Frustration
- Guilt
- Bitterness
- Insomnia
- Panic attacks
- Substance abuse
The Two Types of Emotional Distress Claims and Compensation in Texas
There are two main types of emotional damages that the State of Texas recognizes:
intentional infliction and negligent infliction.
Intentional infliction: this type of severe emotional distress is caused when another individual inflicts emotional and bodily harm on the victim. Some examples include sexual abuse, physical abuse, death threats, and assault. Usually, the individual causing harm to the other is displaying extreme behaviors.
Negligent infliction: this type of emotional distress is caused by another individual whose actions were careless, causing an accident or injury upon the victim. Examples include a car accident, a slip and fall, or a workplace accident.
Whatever the emotional distress you or a loved one has suffered, you may be able to receive compensation for your case. The two main types of compensation you may be able to claim are:
- Economic Compensation: This kind of compensation covers damages that have a specific monetary value. These include past and ongoing medical bills, loss of wages, or property damages, amongst others.
- Noneconomic Compensations: Although this kind of compensation may be a bit harder to quantify, due to the nature of its damages, it is still very much possible to obtain. The damages that may count towards non-economic compensations include but are not limited to pain and suffering, mental anguish, loss of consortium, and loss of joy in life.
It is good to keep in mind, however, that there is a cap on the amount of compensation that you may be able to receive in the State of Texas.
How To Prove Emotional Distress
Proving emotional distress may be cumbersome for the victim, however, your Brownsville personal injury attorney at J. Gonzalez Injury Attorneys is here to help with the process.
The main key to proving emotional distress is to gather as much recorded evidence as possible. There are specific kinds of documentation that will be needed as evidence to support your claim.
These forms of evidence can include:
- Receipts for any prescribed medication for anxiety, depression, etc.
- Photographs or videos of the physical injuries which led to your emotional distress.
- Documenting, via a journal, your day-by-day experiences after your personal injury accident including details about how you feel physically and emotionally.
- Doctor’s referral for you to seek a mental evaluation and corresponding care.
Main Challenges with Emotional Distress
The main challenge that personal injury lawyers have is proving that the accident or injury only caused mental harm. Mental anguish and emotional distress are subjective in nature, therefore, harder to validate in the court of law. Attempting to only prove that the case caused mental harm may require much more evidence than if the personal injury case also involved a physical injury.
The following situations may warrant a claim for emotional distress damages:
- If a bystander happens to witness a traumatic event that led them to have emotional distress
- Invasion of privacy
- Defamation
- Child abduction (for the parent/guardian that endured the mental anguish)
We understand the emotional toll that a catastrophic accident or injury may have on you or your loved one. And we believe that nobody should suffer a life of emotional pain and anguish.
The personal injury lawyers of J. Gonzalez Injury Attorneys are here to help you secure the compensation you need to begin the healing process.