With our fast-paced lifestyles and full schedules, a personal injury case is probably the last thing on your mind. This is because situations like car accidents or work-related injuries are two scenarios we almost never expect to encounter.

As crazy and unpredictable as life can be, it’s important to focus on the things that matter to you the most. It’s also vital to educate yourself on matters like personal injury cases, should you ever be involved in one. Similar to most things in life, there’s nothing wrong with being prepared for the unexpected. At the J. Gonzalez Injury Attorneys, whether you’re a client or not, we have devoted ourselves to spreading the word about personal injury matters, since it is our mission to help you stay ahead of the game in any way that we can.

This is specifically important right now, as it has been reported that more people than ever are turning to personal injury lawyers for advice and representation. The reason for this is that personal injury claims in the U.S. are steadily and quickly rising at a rapid rate.

When a person is involved in an accident of any sort, the repercussions can be devastating and life altering. From financial burdens stemming from health care to lost wages and emotional trauma, data illustrates that our society has collectively stepped out of the dark and is determined to gain the justice they deserve.

At the J. Gonzalez Injury Attorneys, we’re committed to helping you stay ahead of the curve. Therefore, it’s vital to understand why personal injury cases are on the rise and what this means for you:

Insurance

Before getting upset with your insurance provider for raising your rate again, there’s something you should know. As personal injury suits are currently on the rise, your insurance providers have had to follow suit. So, needless to say, those rising rates on your premium are actually for your protection.

If you are harmed in an accident of any sort, your insurance provider is simply assuring that you would be covered and taken care of should you need their assistance. This also ensures that should you find yourself in the middle of a personal injury case, your chances of settling the matter outside of court are strong.

Bogus Claims

Although it was noted that personal injury cases are currently on the rise, it’s crucial to understand that a number of these cases aren’t legitimate claims. Thankfully, insurance providers and the government are working tirelessly to eradicate this problem. On the bright side, statistics have shown that a larger number of personal injury cases are in fact genuine and the parties involved are awarded the compensation they rightfully deserve.

Why is the number of cases growing?

There are a variety of factors causing the number of personal injury cases to spike.

Let’s take a look at the most significant:

– Stricter laws
Across the country, it’s no secret that companies are tightening their laws like never before. This includes health and safety standards too. Now, employers are taking insurance more seriously than ever. Unfortunately, this extra coverage does little to prevent work-related accidents from happening.

As accidents and injuries in the workplace are inevitable and highly possible in industries that put monetary matters first and foremost, a substantial portion of the ‘rise’ in personal injury cases can be attributed to work-related accidents.

– The roads are dangerous!
From texting and driving to simply being in the wrong place at the wrong time, thousands of accidents happen in the U.S. each day. No matter how careful you are behind the wheel, the unfortunate truth is that not everyone practices the same level of caution. From claiming minor injuries like whiplash to more major claims, road accidents are also a huge factor in the rise of personal injury cases nationwide.

– It’s now easier than ever to file a claim against your employer
Due to the vast advancements to employee rights, if you feel violated in any way at your place of work, filing a claim against your employer is easier than ever. From discrimination to harassment and work-related injuries, you have the right to file a claim under legal protection.

The accessibility of filing claims is another prominent factor that has made personal injury suits skyrocket.

Whether you were involved in a personal injury case in the past or if you may find yourself at the center of one in the future, knowing the facts is key to ensuring that stress will not be on your list of concerns. At the J. Gonzalez Injury Attorneys, we are committed to educating you and helping you sort through your personal injury case with confidence. For more information, feel free to give us a call at 1800-CAR-CRASH.

Figuring out whether or not a certain situation is worthy of filing a lawsuit is a task on its own. While it’s easy to assume that initiating a case is as simple as calling your lawyer and expressing your dissatisfaction with a particular experience, there’s so much more to this process than meets the eye.

As much as we enjoy fighting for our clients’ rights in personal injury cases, at the J. Gonzalez Injury Attorneys, we know that this is only half the battle. It’s so important for our clients—prospective or past—to know all the ins and outs that coincide with seeking justice for a matter legally, no matter the type of case they’re pursuing.

While we’ve delved deep into determining whether a situation requires legal action, now it’s time to start thinking about what happens after that point: when and where do you file a lawsuit? The answer to this loaded question can be a little complex at first glance.

As your confidence is our top priority, we’ve broken down everything you need to know about when and where to file your lawsuit:

When to File a Lawsuit

As we mentioned before, determining whether or not your case is worthy of a trial is only half the battle. Next, there are a variety of different points you should consider.

– Time
The answer to this matter varies according to what state you’ll be filing in. Statute of limitations, otherwise known as the amount of time you have to file a lawsuit depending on what you’re claiming, is a crucial part of figuring out when you should officially file your lawsuit. In the state of Texas, you have two years to file a personal injury or property damage suit.

– When the clock starts ticking
Now, you might be wondering exactly when the statute of limitations period begins. No matter what type of claim you’re filing, usually the time will start ticking beginning from the date of harm (the moment the incident/altercation happened).

However, it’s important to note that there is one large exception to this rule: discovery. In some cases, it’s common for the injured party to have no knowledge that they have been harmed. Under these circumstances, the time period would begin starting on the date of discovery (the day harm was first noticed) as opposed to the day it actually occurred.

For more in-depth information, it’s crucial that you consult with your lawyer to see what the best course of action is for your particular case.

Where to File a Lawsuit

Much like the question of ‘when,’ figuring out the best place to file your lawsuit can be quite a feat as well. To make this decision easier, it’s important to start with the basics: federal and state. The type of case you are claiming is what will determine which court you will go to. Deciding between federal and state is a big decision, as you can get into some hot water if you don’t select carefully.

-Federal
Federal courts have subject matter jurisdiction in only two kinds of cases:
If your case is based on (arises under) any federal law (otherwise known as federal question cases)
If you are suing a citizen of a different state (or a foreign national) and you’re asking for at least $75,000 in money damages
-State
If you’re thinking about filing a lawsuit, you’ll likely end up in a state court. Unless your particular case involves one of the special circumstances that listed under federal courts, the state court where you currently reside in will likely hear your case. From custody issues to personal injury suits and beyond, state courts are the most common place to file basic lawsuits.

Now that you’ve decided which route to take, it’s important to understand that different types of state courts hear different cases.

– Subject matter
Certain courts specialize in hearing specific types of cases. By separating cases by subject matter, this gives judges and court personnel the chance to build expertise in certain areas.

States have specialized courts such as:

• Family law
• Probate/surrogate
• Landlord-tenant

It is also common for states to divide up their courts according to the amount of money or type of remedy involved.

The following divisions are typical:

• Small claims ($2,500-$10,000)
• Medium-sized (up to $25,000)
• Other types of cases (higher amounts of money/non-monetary remedies)

Although this information may be a lot to digest, feeling competent when it comes to filing your lawsuit is key in your quest to attain the justice you deserve. At the J. Gonzalez Injury Attorneys, we care about all of our clients and believe it is our duty to educate them about the legal process. To learn more about when and where to file a lawsuit, chat with one of our experienced lawyers today at (956)630-6700.

Whether you’re in Brownsville or in the heart of McAllen, it’s hard to ignore the countless news headlines we’re bombarded with every day. From lawsuits arising due to hot coffee, or more unorthodox reasons like a lost pair of trousers, it’s quite obvious that the media focuses on the outrageous rather than the practical, which can lead to a lot of confusion.

At the J. Gonzalez Injury Attorneys, whether you’re an active client or not, we’re committed to addressing all of your lawsuit related questions and concerns. In our constantly evolving world, being able to discern whether or not you should take legal action in a situation can be a difficult task. Therefore, we’ve made it our mission to help you sort through this trying time so that you will be able to make a decision competently and confidently.

No matter what case you’re considering pursuing, whether it’s personal injury or civil, you should always consult with your lawyer beforehand and carefully weigh your options. In order to make this process as simple as possible, we’ve compiled a list of matters you should explore if you’re thinking about taking any form of legal action. If you find yourself hesitating on any of these points, this is likely a sign that a legal court case might not be the best course of action for you.

If you’re considering filing a lawsuit, your situation must meet the following three requirements:

You must have a ‘good’ case

While the word ‘good’ may seem subjective, in the eyes of the law, it is not. In order for a lawsuit to be valid and stand up in a court of law, it must be able to be broken down into a series of steps or components. Of course, this is only half the battle.

Next, you and your lawyer must examine each of these ‘steps’ and ensure that you can satisfy or prove each one when prompted. Depending on the type of suit you are filing, the type of evidence you will need to provide will vary.

To illustrate this point more clearly, let’s look at this example:

If you were injured in a car accident due to another driver’s negligence on the road, in order to prevail in your personal injury suit, you must prove the following:

–       Duty (the driver was obligated to drive safely on the road)

–       Breach of Duty (they failed to drive safely)

–       Cause in Fact (if it wasn’t for the driver’s actions, you wouldn’t have been injured)

–       Proximate Cause (determines the proximity of the defendant’s actions to the harms caused)

–       Damages (physical proof of pain and suffering resulting from the injury)

You should consider Settlement and Mediation

Even if you made it through the previous point and proved all the elements of your case, it’s not quite the right time to head to the courthouse just yet.

For the first time in history, a large number of cases are being resolved outside of court. If you’re feeling a little hesitant about pursuing your case in a court of law, simply sitting down with the other side and seeing if a resolution can be reached is a possible solution. If you’re worried about legality, there are mediation services far and wide that can offer their services for low costs and in some cases free of charge.

Of course, settlements and mediation are simply a suggestion and are not practical for every case.

Consider how you will collect at the end

If you’re certain a lawsuit is the right path for you, it’s time to start thinking about collecting a money judgment at the end of your trial. If monetary compensation for what you have endured is what you desire, you must ensure that the individual you are suing will be capable of paying the judgment in the event that you win the case. If you determine that you will have issues collecting, you will likely have to resort to the help of the authorities to get your rightful compensation. If you are pursuing a personal injury case, it’s important to note that the insurance company would be the party responsible for paying the judgment.

If you decide to pursue your matter legally, it’s important to discuss the different collection methods with your lawyer so that you may agree on the best course of action.

If your situation has met all of these requirements, it is time to sit down and prepare to file your lawsuit. Whether you’re absolutely certain or feeling a little lost, the team behind the J. Gonzalez Injury Attorneys is prepared to assist you, as it is our ultimate goal for you to feel empowered as you pursue your legal matter further.

No matter how dangerous it is, drag racing on city streets has been glorified on television, films and music for quite some time. Most times when someone is hurt, the realities of the injured are often not detailed. As we covered in a previous blog, one such type of race occurred in McAllen and led to an accident, which resulted in catastrophic injuries and death. This unfortunate situation just goes to show how dangerous this activity can be.

If you’ve recently been in a car accident and believe negligence was the cause, call the J. Gonzalez Injury Attorneys to learn if your situation can be taken to court.  

Wrong Place, Wrong Time

On Monday, January 4^th, 2016, two men were drag racing on 10^th Street in McAllen when one of the racers, driving a Corvette, crashed into a Jeep Wrangler, severely injuring its driver and killing the passenger in the Corvette. The accident took place on the corner of Sprague and 10^th Street where the Justice of the Peace pronounced the passenger of the Corvette dead at the scene.

The other racer, driving a Ford Mustang, told investigators he was racing at speeds in excess of 100 miles per hour when they approached the intersection of the crash site. The deceased is a 20-year old and the driver of the Jeep is only 24. Both are from McAllen.

The Law Steps In

On February 1^st, the driver of the Ford Mustang was charged with two counts of racing on a highway causing serious bodily injury. The driver of the Corvette was not charged until Thursday, March 24^th. If convicted, both drivers face second-degree felonies resulting in 2-20 years in prison and a $10,000 fine.

According to the crash report, alcohol was not listed as a factor in the incident and was not found in anyone’s system at the time, but the driver of the Corvette became uncooperative with the investigation due to medical reasons, which included lacerations and broken bones. Investigators also claim attempts to speak to the Corvette driver were unsuccessful once he was released from the hospital.

Further Examination

At the time, the driver of the Jeep was still in a coma and only the driver of the Ford Mustang had been charged for racing on the highway and causing serious bodily harm. It wasn’t until recently that the second illegal street racer had been charged. Meanwhile, the driver of the Jeep has medical bills piling up as he continues his slow road to recovery.

Standing Up for You

The J Gonzalez Law Firm has a history of standing up for victims in auto accident cases such as this one. If you’ve been the victim of high-speed racing and are currently experiencing financial difficulties due to piling medical bills and recuperation costs, get in touch with our McAllen personal injury lawyer immediately. We will stand up for your rights and work hard to get you the justice and financial rewards you deserve.

In Texas, distracted drivers using cell phones cause one out of five car crashes. This alarming trend has become such a widespread epidemic that in 2014, there were 100, 825 collisions involving distracted drivers. Of these accidents, 3,214 suffered serious injuries and 468 drivers or passengers died as a result. This is a 6% increase from 2013.

It’s important to understand that when driving, our attention is the most important factor. Sudden hazards such as a car quickly braking or an animal darting onto the street can cause a loss of control, resulting in an accident. In other cases, being distracted while using a phone can be devastating. This was the unfortunate case for four teenagers who were tragically involved in an accident where cell phone use is believed to have been a factor.

If you or a loved one has been in an accident due to someone else’s fault, the J. Gonzalez Injury Attorneys can help get the compensation you deserve for your injuries and troubles.

A Tragic Incident

On their return from South Padre Island in March, four teenage girls from Houston were driving on Highway 77 near Corpus Christi when their car spun out of control and struck an 18-wheeler. Authorities believe the driver was using her cell phone as a GPS device and became distracted.

Two of the passengers died at the scene while a third was taken to a Corpus Christi hospital but died shortly after. The driver was also taken to a Corpus Christi hospital where she remains in critical condition. The driver of the 18-wheeler came away unharmed from the accident.

Against the Law

According to the Texas Department of Transportation, drivers using their cell phones have a higher risk of causing an accident regardless of whether or not he/she is using a hands-free device or phone. Although Texas does not have a statewide law banning texting and driving, many cities across the state, including a few in the Rio Grande Valley, enforce bans on cell phone use while operating a vehicle.

In McAllen, Mission and Brownsville, fines can range from $200-$500 dollars for this offense. There are also laws across the state banning texting and using handheld devices when driving in a school zone. Also, all drivers under 18 are prohibited from using wireless devices.

Pay Attention

While texting behind the wheel is the most recognizable form of inattentive driving, there are many other forms that can cause devastating car crashes, including changing radio stations or eating. The Texas Department of Transportation is calling on all Texans to focus on the road and ignore distractions.

Let Us Help You

Getting into an accident regardless of the cause can be a huge hassle. The injuries you might suffer and costs incurred can be more than enough to deal with. For drivers who have found themselves victims of negligent driving where a distraction played a role, it can be hard to figure out what to do next. If that happens, do not hesitate to give the J. Gonzalez Injury Attorneys in McAllen a call. We can get you the compensation you need to get your life back in order.

One of the most inconvenient things a driver can face is having their car break down.  Stranded on the side of the road can leave a motorist feeling helpless and unsure of how to handle their problem. If a driver is not mechanically inclined to address minor engine-related issues or other vehicle factors, they’ll have to deal with calling a friend or tow truck to come out and lend a hand.

Having to deal with all of this while working with cars zipping past at high speeds and thinking about the cost of fixing your vehicle can be an overwhelming burden. In extreme cases, a severe act of negligence can turn your world upside down. This was the unfortunate case for a motorist and his wife in Beaumont who were injured while attempting to replace a flat tire while parked on the side of the road.

The J. Gonzalez Injury Attorneys has a history of helping motorists who have fallen victim to negligence and will work hard to get you what you deserve. 

Scene of the Crime

On January 26^th, the couple pulled over along Interstate 10 in Jefferson County, Texas. The husband was changing a tire on his wife’s vehicle while it was parked on the shoulder of the road. While doing this, an intoxicated motorist slammed into their car, killing the husband and injuring the wife.

Beaumont police charged the driver with intoxicated manslaughter and intoxication assault. A judge set his bail at $500,000 as the defendant had a previous conviction of driving while intoxicated in 2010.

Demanding Justice

In early February of 2016, the wife filed a lawsuit with the Jefferson County District Court against the intoxicated driver citing gross negligence and malice in connection with the crash that cost her husband his life. According to the lawsuit, the plaintiff alleges she sustained physical impairment and is expected to pay expenses for medical attention to treat her injuries.

The Consequences

Drinking and driving is one of the most irresponsible actions a motorist can commit. The danger they’re placing themselves and other motorists in can result in serious injuries that can take years to treat. In the most serious cases, death isn’t an uncommon outcome. For an offense similar to the one committed by the defendant, an outcome could possibly result in:

• A fine of up to $10,000
• A sentence between 2-20 years in a state jail
• Loss of driver’s license for up to a year
• An annual fee of $1,000 – $2,000 for three years to retain a driver’s license

You Won’t Be Alone with Us

The J. Gonzalez Injury Attorneys will fight for your rights to get you the compensation and due process you deserve. We know how medical bills, funeral fees and car damages can put your life on hold. Our personal injury lawyer in McAllen wants to be there for you to help get your life back in order.

We understand that no amount of compensation will replace the loss of a loved one, but it can help ease the financial burdens caused by your accident. Get in touch with us to get the process started on building your case.

Just like everything else in life, the weather can play a huge role in what we do or how we go about our day. Occasionally, the climate will give us trouble on the road. A school bus outside of San Antonio recently discovered just how dangerous streets can be when Mother Nature doesn’t create the safest driving conditions.

If you or your children were involved in a collision where someone else was at fault, contact us immediately. We will do everything possible to help you and your family.

Scene of the Crash

On Wednesday, March 9^th, a San Antonio area school bus was traveling west on Interstate 10 when it fishtailed, flipped on its side and landed along a tree line on the side of the road. It was carrying special needs children to another local high school. Wet conditions are believed to have led to the accident.

Also riding on the bus that day were a school monitor and two high school-aged students. The driver and monitor suffered minor injuries not considered life-threatening. Thankfully, none of the children were injured.

Legal Help When You Need It

This accident could have been much worse. The J Gonzalez Law Firm knows broken bone, scrapes and bruises can result from an accident, but a victim can also suffer financially. Medical bills can pile up and your credit can suffer.

Don’t let this happen to you. Our team will let you know the best course of action in any personal or commercial lawsuit. Call our main office in McAllen at 956.630.6700 if you happen to find yourself in an accident where someone else was at fault.

It isn’t unusual to build an urge to drive after obtaining a license. Cruising up and down Business 83 or taking a little road trip to South Padre Island immediately comes to mind. Accidents can happen when we least expect them and they can be overly burdening if another driver is at fault. This was the unfortunate case with two women involved in an accident in 2013 that have now received compensation for what they experienced.

The J. Gonzalez Injury Attorneys knows that monetary compensation can help in your recovery.  

An Avoidable Accident

The two Port Arthur women were heading north on Magnolia Street when a Port Neches motorist struck them. According to the lawsuit filed by the victims, the other driver turned left without yielding the right of way. The two victims filed a lawsuit seeking damages for injuries caused by the defendant in 2014.

Almost two years after the lawsuit was filed against the negligent driver, a court ruled in favor of the two plaintiffs. They were awarded nearly $40,000 dollars in a jury trial for damages received from the accident.

Call Us to Help

The J. Gonzalez Injury Attorneys has many years of experience handling matters like these. Our personal injury lawyer in McAllen fully knows just how hard it can be to recover from an accident where negligence played a role. If you’ve been in an accident where someone else was at fault and suffered injuries, give us a call at 956.630.6700 or contact us online for a free consultation.

A truck driver’s vehicle is large, can weigh several tons and covers lots of ground on the road. The typical tractor-trailer is 48 feet long and over 13 feet tall. Visibility can be difficult when a driver is backing up and communication is key if a person is around the vehicle on foot when it is moving. It’s important to remember that the smallest mistake can result in serious injury. Unfortunately, a Hidalgo man was the victim in an incident with a tractor-trailer.

Suffering injuries at the hands of an irresponsible driver can be emotionally and financially hindering. The J. Gonzalez Injury Attorneys is here to help you overcome your legal burdens.  

A Devastating Accident

In late December of 2015, the Hidalgo man filed a lawsuit with the U.S. District Court for the Galveston Division of the Southern District of Texas against a trucking company he worked for and one of its operators after suffering injuries caused by being run over. According to the complaint filed in August of 2015, the man was working with the company as a truck operator and was fixing an oversized truck’s taillights. As the victim worked on the lights, the truck’s driver ran over him six times with axles from the tractor-trailer.

In the lawsuit, the Hidalgo man seeks a settlement of more than 1 million dollars for pre- and post-court costs as well as medical bills and wages lost. The plaintiff has also continued suffering tremendous physical pain and financial damage.

Helping However We Can

Remember, the J. Gonzalez Injury Attorneys is always a phone call away. If you have been involved in an accident with a tractor-trailer and you think negligence was involved, contact our McAllen office and let us help you get the justice you deserve.

According to The U.S. Bureau of Labor Statistics, semi-truck driving is one of the top 10 most dangerous professions in the country. These drivers are sitting for many hours at a time, making them predisposed to dealing with fatigue on the road. In addition to long hours of driving, truck drivers are also increasing strain on their arms, backs and legs.

A Life Changing Event

A Tennessee woman traveling through Anderson County in East Texas may have been a victim of this very situation. The young woman was driving along U.S. Highway 79 when a tractor-trailer collided with her. The woman suffered critical injuries and missed time from her job.

She went on to file a lawsuit against the truck driver and the company employing him for damages sustained. The victim will be seeking practical medical care fees and expenses for lost wages due to missed work time.

Fairness for the Victim

Fortunately, the victim in this case survived and, although sustaining injuries, she is seeking the justice she feels she’s entitled to. Filing a lawsuit can possibly bring her the justice she needs. We here at the J Gonzalez Law Firm are committed to doing just that. Contact us at (956) 630-6700, or message us here to let us know how we can help.