Los Indios Personal Injury & Criminal Defense Attorneys

Understanding Personal Injury & Criminal Cases in Texas

Personal injury and criminal defense cases often involve intricate legal procedures, including filing motions, gathering evidence, and negotiating settlements or plea deals. Familiarity with these processes can empower individuals to work more effectively with their attorneys, ask pertinent questions, and make strategic decisions throughout their cases. This knowledge can also alleviate some of the stress and uncertainty associated with legal proceedings by providing clarity on what to expect and how to respond to various situations.

Here are key points about personal injury cases in Texas:

• The statute of limitations for filing a lawsuit is two years from the date of the accident.
• Damages are capped at $250,000 per person and $500,000 per occurrence for personal injury or death.
• Settlements can be paid as a lump sum or through a structured settlement.
• If a settlement is received, any agency that paid for medical care, like private health insurance, Medicare, or Medicaid, must be repaid.
• Simple cases may settle in a few months, while cases that go to trial could take several years.
• To prove pain and suffering, it's helpful to document injuries, property damage, mental health care, activity levels before and after the accident, and any relevant text messages or emails.

Under Texas law, individuals accused of crimes have several potential defenses available to challenge the charges against them.

In Texas, there are four main criminal defenses:

• Self-Defense: Self-defense is a legal justification for using force to protect oneself from harm. In Texas, an individual can claim self-defense if they reasonably believe that force is immediately necessary to protect themselves against another's use or attempted use of unlawful force. This defense requires demonstrating that the response was proportionate to the threat faced. In some cases, the use of deadly force is justified if the individual reasonably believes it is necessary to prevent serious harm or death.
• Insanity Defense: The insanity defense in Texas is based on the idea that an individual cannot be held legally responsible for their actions if they were unable to understand the nature of their actions or distinguish right from wrong due to a severe mental illness at the time of the crime. This defense requires a comprehensive evaluation by mental health professionals and typically involves presenting evidence of the defendant's mental state during the incident.
• Common Constitutional Violations: Defenses based on constitutional violations challenge the legality of how evidence was obtained or how the defendant was treated. Common constitutional violations include illegal search and seizure (violating the Fourth Amendment), failure to provide Miranda rights (violating the Fifth Amendment), and denial of the right to counsel (violating the Sixth Amendment). If evidence is obtained unlawfully, it may be excluded from trial, potentially weakening the prosecution's case.
• Proving Innocence (Alibis and Mistakes in Identity): Defendants can prove their innocence by presenting an alibi, which shows that they were somewhere else when the crime occurred, making it impossible for them to be the perpetrator. Additionally, demonstrating mistakes in identity involves proving that the defendant was wrongly identified as the perpetrator. This can be achieved through eyewitness testimony, video footage, or other evidence that highlights inconsistencies or errors in the identification process.

The legal landscape in Cameron County fosters a greater sense of community awareness and responsibility. Personal injury and criminal cases can have far-reaching consequences, not only for the individuals directly involved but also for their families and the broader community. Having an expert team on side with Ried Pecina Trial Lawyers, residents can better advocate for their rights and contribute to a more informed and legally conscious community.

Time is of the essence in legal matters. Call Ried Pecina Trial Lawyers by dialing (956) 225-2509 or fill out our online contact form to schedule an appointment with one of our experienced lawyers. We are committed to providing personalized and compassionate legal support tailored to your unique needs. Hablamos Español.