Does weather affect personal injury liability claims? Weather conditions can have a significant effect on claims resulting from car accidents, but it’s important to note that the key factor in any claim is negligence. Negligence has four components, all of which must be proven for claims to succeed. Duty of Care Duty of care means… Read More
Tag: Auto-Pedestrian Accidents

by Benjamin Treviño | June 23rd, 2025 | Auto Accident, Blog, Driving Tips, General, Personal Injury

by Benjamin Treviño | June 19th, 2025 | Blog, Personal Injury
Can a resort be held liable for accidents on its property? Yes. A resort may be responsible for injuries sustained on the property if management was negligent in maintaining safe conditions. To hold a resort liable, an accident victim generally needs to prove the resort had a duty of care, breached that duty through negligence,… Read More

by Benjamin Treviño | June 17th, 2025 | Auto Accident, Blog, Fatal Crash, Personal Injury, Wrongful Death
Does comparative negligence apply in wrongful death cases? Yes, comparative negligence can apply in wrongful death cases. It means that if the deceased person was partially at fault for the accident that caused their death, the amount of damages the surviving family can recover may be reduced. The extent to which comparative negligence affects a… Read More

by Benjamin Treviño | May 30th, 2025 | Auto Accident, Blog, Driving Tips, Hit-And-Run, Lawsuit, Personal Injury, Recent News
Can families sue for wrongful death when a loved one dies a single-vehicle crash? It is difficult to prove negligence on someone else’s part when a loved one is killed in a one-car crash and there were no witnesses to the accident. However, it is not impossible. There are certain situations that can potentially justify… Read More

by Benjamin Treviño | May 27th, 2025 | Auto Padestrian, Blog, News
What happens when a defendant in a civil case can’t pay a judgment? When a defendant asserts they don’t have the money to pay a wrongful death or personal injury judgment, the case essentially becomes a debt collection matter. In this phase, the plaintiff becomes known as the judgment creditor, and the defendant becomes the… Read More

by Benjamin Treviño | May 23rd, 2025 | Auto Accident, Blog, Lawsuit, Legal Representation, Negligence, Personal Injury
Recovering damages from an alleged drunken driver In order to recover damages from a drunken driver, the plaintiff must establish that the defendant’s negligence caused the crash. The plaintiff must also be able to substantiate the damages that were sustained as a result of the crash. Evidence can include receipts for medical expenses, lost wages,… Read More

by Benjamin Treviño | May 22nd, 2025 | Auto Accident, Blog, Legal Representation, Personal Injury
J. Gonzalez Do most wrongful death and personal injury lawsuits go to trial? The vast majority of tort (wrongful death/personal injury) cases are not settled a courtroom. According to the latest data, 90 to 95% of these civil cases are resolved through settlements before reaching trial. Most personal injury and wrongful death claims are settled… Read More

by Benjamin Treviño | May 6th, 2025 | Blog, Fatal Crash, Lawsuit, News, Personal Injury, Slip and Fall, Wrongful Death
Is a car crash fatality considered a wrongful death? When a person is killed in a car crash due to another person’s negligent actions, the incident may qualify as a wrongful death. In Texas, the law mandates that the responsible party must compensate the surviving family members. Who can file a wrongful death lawsuit? Only… Read More

by Benjamin Treviño | March 12th, 2025 | Blog
Do people who are hurt in an ATV accident have any legal recourse? As with all personal injury and wrongful death claims, the recovery of damages in an ATV crash hinges on proving fault. In other words, the primary issue is who caused the accident. In the news story below, an ATV driver was killed… Read More

by Benjamin Treviño | March 6th, 2025 | Auto Accident, Auto Padestrian, Blog, Personal Injury
Edinburg Personal Injury Attorney J. Gonzalez Can I sue my brother if I’m injured in a crash due to his negligence? Yes. You can sue your brother (or any other family member) for personal injury. There is nothing in tort law that says you cannot sue a family member if they cause you physical or… Read More