McAllen Car Accident Lawyers

If you or a loved one was injured in a car accident, contact the McAllen Car Accident Lawyers at J.D. Silva and Associates today. Our car accident attorneys have the experience to get you the compensation to you need to pay for the injuries caused by the responsible driver.

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Types of Car Accident Cases We Handle

Located at 805 W Dallas Ave, McAllen, TX 78501, , we manage all types of car accident cases across the Lone Star State. You can expect full service and representation in McAllen, TX when you need our help.

• Rideshare Accidents
• Distracted Driving Accidents
• Drunk Driving Accidents
• Left-turn accidents
• Rear-end collisions
• U turn accidents
• Parking lot accidents
• Highway accidents
• Freeway accidents
• Roll-over accidents

Compensation for Car Accident Injury Damages

If you’ve been injured in a car accident, you will likely file a claim through the insurance company of the at-fault driver. When you submit the claim, they often request documentation that supports your claim of injuries. Once you provide that documentation, the insurance company will likely assume it is aware of the full extent of your injuries and press to settle the claim.

However, it is not uncommon for the symptoms of car accident injuries to develop days or even weeks after the crash. If you start to feel pain or find yourself having trouble concentrating after a car accident, seek medical treatment immediately.

Don’t Be Pressured to Settle

Don’t let an insurance company pressure you into settling a car accident claim until you are certain about the extent of your injuries, the treatment you need, and how your life will be impacted as you move forward.

You have the right to deny settlement offers in pursuit of something that is fair and appropriate to cover your damages.

Meet McAllen Car Accident Lawyer J.D. Silva

Founding Partner Johnathan D. Silva

Since establishing J.D. Silva & Associates in 2018, Johnathan D. Silva has dedicated his practice to championing the rights of injury victims. His professional journey is defined by a rare combination of skills: the discipline of a military medic and the sharp advocacy of a seasoned trial lawyer. This experience allows him to navigate intricate medical documentation with a level of confidence that sets the firm apart. When you work with J.D. Silva, you benefit from a legal strategy that is informed by a genuine understanding of your injuries.

Auto Accident Claims Process

In most instances, making a claim after an auto accident begins with contacting an insurance company. In Texas, drivers are required to carry a minimum of $30,000 per person liability insurance to cover damage caused to others in an auto accident. The required limit per accident is $60,000.

The insurance company will want information about the car accident and the claimed injuries in order to evaluate the claim and make a decision regarding payment. This information is often compiled and presented to an insurance company in a document called a demand letter. Demand letters follow a general format and are usually written by personal injury attorneys.

A demand letter should not be sent until the outcome from injuries is relatively certain, and a settlement amount can be calculated. The demand letter will state how the motor vehicle accident happened, who was at fault, the injuries suffered, and the costs of medical treatment and other damages.

The demand letter will conclude with a proposed amount that the insurance company can pay to settle the claim. It’s possible an insurer will accept the amount requested and agree to settle the claim. But more likely, the insurer will interpret the proposed settlement amount as an invitation to negotiate and make a lower counteroffer based on its own evaluation of the claim.

If the parties involved are not too far apart in terms of resolving their disagreements, negotiations can continue toward settlement. But when there is no ability to compromise about significant issues such as fault or damages, then it may be necessary to file a lawsuit and have a court determine the appropriate outcome.

How Car Accident Lawsuits Work in Texas

Car accident lawsuits are not as swift as the cases you see wrapped up in a tidy package on TV.

The litigation process takes time and, in some cases, years.

Understanding how car accident lawsuits work is critical to helping you determine the most effective course of action.

Begin Building a Strong Case with a Reputable Law Firm

Your first step is to find a skilled car accident lawyer who can accurately investigate the accident, determine who is at fault for the car accident and define your damages and place a value on your losses so that you receive the appropriate compensation for both your past and future losses.

The complexities of negotiation and courtroom procedures are confusing.

You can contribute to the strength of your case by gathering evidence at the accident scene, such as photos, witness contact details, and insurance information from the other driver.

After that, you don’t have to worry about the rest of it after you speak with an attorney.

The 2nd Step Is the Pre-Trial Phase

In Texas, an injury victim has two years from the accident date to file a car accident lawsuit. This is known as the statute of limitations, and it protects both plaintiffs and defendants.

It’s important to contact a lawyer as soon as possible after your accident. They may need the full two years to build the strongest case for you.

There may be some exceptions to this timeline based on your circumstances, but the wise choice is to act quickly.

Your car accident attorney will research, prepare, and file a petition in the appropriate court. During this phase, the trial judge determines what laws apply to the claim and if there is enough evidence to proceed.

Once the petition is filed, the person being sued must receive legal notice. The court’s clerk can arrange for the service of citation by a process server. The defendant has a specific timeframe within which they must file an answer in court.

Discovery Phrase

The discovery process begins after the petition is filed by the plaintiff and answered by the defendant, and both parties will exchange the evidence they have gathered. Each party may send discovery requests, and each side must answer the other side’s questions within the time allotted by the court. There may be options to end a case before going to trial, including:

• The court orders both parties to use mediation to work toward an agreement and find a resolution.
• The court awards a default judgment because the defendant fails to acknowledge a citation or appear in court.
• A judge grants a motion for a summary judgment if no evidence is presented to support the case.

Mediation or Settlement Phase

As mentioned above, a judge may order mediation as a way to resolve your claim outside of court without going to trial.

All parties involved in the lawsuit must participate in alternative dispute resolution.

A non-partial appointed individual known as a mediator will listen to information presented by the attorneys from all sides and work with the parties to reach an auto accident settlement.

You are not required to settle at mediation if you and your attorney feel that the offer made by the defendant is unfair.

At this point, the claim will move to trial.

Moving to the Trial Phase

Your attorney may advise you to move to trial when mediation or pre-trail negotiations do not result in a satisfactory settlement.

In the trial phase of a lawsuit, a judge or jury will listen to the parties and make a determination after the presentation of evidence and witnesses. The list below contains some of the information a personal injury attorney may present on your behalf:

• A Texas Department of Transportation accident report (available online)
• Witness testimony
• Documentation such as photos from the accident
• Medical bills and service statements
• Expert witness testimony
• Documentation of lost wages

Your lawyer will use this evidence to establish negligence by the defendant, showing how that person owed you a duty of care to drive safely, yet they failed in that duty.

The evidence should also show the connection between the defendant’s negligent actions and your car accident injuries.

This will allow you to claim compensation for the resulting expenses and property damage. Without these elements showing a breach of duty and the link to your harm, you can’t successfully obtain financial relief.

The trial phase of a lawsuit can be lengthy.

Scheduling witnesses and experts to testify, the defense’s presentation of their evidence, and jury deliberation do not happen quickly.

This is another reason why it’s vital that you engage a qualified lawyer as soon as you can after the cras, so they can begin building your case.

The Post-Trial Period

At the end of the trial proceedings, the judge (and jury, if there is one) will issue a ruling on your case, including any settlement awards.

You or the defendant may not agree with the trial court’s ruling. When this happens, the unsatisfied party can file an appeal, and the appellate court will review the case to determine if there were any errors.

If the appellate court believes an error affected the outcome of your case, it may change the trial court result or remand your case to be tried again in a lower court.

Your initial trial attorney should be experienced in managing appeals to ensure you have the support you need throughout every phase of your case.

Contact Our McAllen Car Accident Attorneys

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If another driver causes an accident that leaves you injured, you may be entitled to compensation for the losses you sustain. It is not uncommon for injury victims to identify injuries in the days and weeks following an accident, and that shoudl not prevent you from recovering damages for delayed injuries, as long as a claim is made within two years of the accident.

At J.D. Silva & Associates, experienced car accident attorneys fight on your behalf to help you recover fair compensated for all of your damages. If you were injured in a car accident, book a free consultation with J.D. Silva & Associates, where winning for you is the only option.