Q. Tell us about yourself and your practice.
A. Robert E. Valdez, Attorney at Law, Ray Valdez McChristian & Jeans, P.C. 700, North Frost Tower, 1250 N.E. Loop 410, Suite 700, San Antonio, Texas78209 210-341-3554 www.rvmjfirm.com. I have been practicing civil trial law for approximately 30 years. During that time, I have represented people who have been injured in accidents, as well as, persons and companies that have been sued as a result of an accident. Presently, my practice involves representing those who are being sued by another. I have extensive trial experience in personal injury law and have been board certified in personal injury trial law by the Texas Board of Legal Specialization for over 22 years. In addition to my trial experience I previously served as the Chair of the Texas Board of Law Examiners and presently serve as a member of the Texas Board of Legal Specialization. I am also a trained and experienced mediator in personal injury cases.
Q. Do you offer free initial consultation?
A. My practice is limited to catastrophic loss cases, that is to those cases involving serious personal injury or property damage losses. I do offer some pro bono services, including referral to appropriate providers for those requiring such services.
Q. We are familiar with the term personal injury. What exactly constitutes as personal injury?
A. A “ personal injury” case is one that involves a claim for money damages for physical or emotional harm to the person. Such a case is based on the law of “ torts ” that is the body of civil law that allows one (the “ plaintiff” ) to sue another (the “ defendant” ) to recover “ damages” (money)due to an injury.
Q. What are the processes to follow if one is to file a personal injury claim?
A. There are different procedures involved depending on the type of case. Let us take for example one of the most common types of personal injury cases, the automobile accident case. In an auto accident case the plaintiffs makes a claim against another person for personal injuries (and perhaps property damage) arising out of an auto collision. Since most states like Texas have financial responsibility laws that require people to carry minimum limits liability insurance, the first step in an auto accident case involves dealing with an insurance company or an insurance adjuster. In those cases in which a medical doctor has confirmed for you that there are no serious injuries or in those in which there is property damage only one may consider dealing with the insurance company without incurring the expense of an attorney. Settlements of such cases should include payment of medical and property damage expenses, lost time from work and a reasonable amount in an appropriate case for “ intangible” damages like emotional distress or mental anguish. In a serious case one that involves loss of life, limb or significant lost time from work one should always consult an attorney before dealing with an opposing party or that party’ s insurance company. For example in a case involving alleged medical malpractice, there are very particular procedures that must be followe,d including the obtaining of a medical expert at the beginning of the case, who states specifically the nature of the defendant’ s alleged medical malpractice. One should always consult with an attorney on these types of cases.
Q. Does one need to hire a personal injury attorney to go ahead with a claim?
A. This depends upon the size and complexity of the claim. In those cases in which there are no serious bodily injuries (as confirmed by a medical doctor) or property damage only one might consider handling such a case on his or her own. In such cases one should do his or her homework, have medical bills and statements ready to present to the insurance company to document expenses, have any medical reports available that document the need for future medical services, have repair estimates ready and available for the insurance company and to the extent that there is a dispute over who caused a particular accident have the names of witnesses that support your understanding of the facts of the case. In those cases in which serious or catastrophic injuries or losses have occurred, it is always wise to consult an attorney. If one is being sued for an accident that occurred in an automobile or at one’ s home always report such a claim to your auto or homeowner’ s insurance company. Under most auto and homeowner’ s policies you will be entitled to a lawyer to defend you at the insurance company’ s expense. If there is any question concerning whether the insurance company is required to provide you with a lawyer at their expense, it is wise to consult an attorney about such matters.
Q. What kinds of damages are covered under the San Antonio Personal Injury Law?
A. Accidents or damages that result from accidents that occur in San Antonio, Texas generally are covered by the laws of the State of Texas. These include the statutory laws of the state (those laws passed by the Texas legislature) and the common law of the state as interpreted by Texas courts. Generally, personal injury plaintiffs are entitled to recover damages sufficient to be “ made whole” or to be placed in a position similar to that he or she was in before the accident. This includes payment to repair or replace lost or damaged property, to reimburse the injured person for medical expenses incurred and future medical expense, to reimburse the injured person for past and future time lost from work and to pay the injured person a reasonable amount for “ intangible” damages like mental anguish and pain and suffering in an appropriate case.
Q. Is there time limit for filing a claim?
A. Generally the two-year statute of limitations applies to most personal injury cases (defamation cases like libel and slander have a one-year statute). The statute of limitations begins to run generally at the time the accident occurred. There are exceptions to this rule, but it is always safer to regard the statute as running from the date of the accident.
Q. What can a person do if he/she is being sued for a personal injury claim?
A. The first thing one should do is consult with his or her insurance agent to determine whether the claim asserted in the lawsuit is a covered claim, for which you will be provided an attorney, at no additional charge. Auto accidents generally are covered by the Texas Auto Policy, underwritten by various insurance companies in this state. Likewise, one should always consult with the agent who provided your homeowners coverage, to see if there is insurance coverage for claims that fall outside your auto policy. For example if someone is injured in your home your homeowner’ s policy may provide medical payments benefits to the injured person. If that person sues you, you may be entitled to a defense (free attorney) in addition to your indemnity coverage (i.e. the payment of any judgment against you). Likewise, there may be coverage for other claims under your homeowner’ s policy. Next , if you are served with lawsuit papers always turn these papers over to your insurance company and insist on knowing at the earliest possible time whether the insurance company will defend you in the case. Finally, if your insurance company indicates that it will not defend you in a case, talk with a lawyer immediately to learn your rights and obligations. Generally, you must answer a state court lawsuit in about 20 days after service of the suit. You do not want a default judgment taken against you, because you did not answer the lawsuit on time.
Q. What advice would you give to moms who are reading this?
A. Unfortunately there are unscrupulous lawyers, just as there are unscrupulous individuals in other professions. Avoid hiring lawyers, who without invitation appear at your home and solicit your case (some will even offer gifts or money in return for your hiring them on a case). These are unethical practices and you should not hire such a lawyer. When looking for a lawyer seek recommendations from a knowledgeable friend. If a personal reference is not available, then look for a lawyer from a reliable professional source. While there are many good personal injury lawyers, who are not certified specialists, one way of ensuring that you are consulting with a knowledgeable attorney in a personal injury matter is to consult with those attorneys who have the designation “ Board Certified Personal Injury Trial Law Texas Board of Legal Specialization.” This designation represents to you the consumer, that the attorney has passed a specialization examination and has the required trial experience and training to be designated a specialist in the State of Texas.
|
