Galveston Personal Injury Lawyers
Personal injury claims can help you recover costs related to medical bills, lost wages, pain and suffering, and other damages. At Mark Diaz & Associates, our injury attorney is dedicated to advocating for our clients and ensuring they receive the legal justice and the financial compensation they deserve.
Mark Diaz & Associates, based in Galveston, Texas, is committed to providing top-notch representation to accident victims who have suffered injuries due to others’ negligence. Our injury attorney handles a variety of personal injury cases and is dedicated to fighting for your valuable legal rights.
Our Areas Of Personal Injury Practice
Personal Injury Law
At Mark Diaz & Associates, we handle a wide range of personal injury claims in Texas with a commitment to achieving the best possible outcomes for our clients. Whether you have been involved in an auto accident, truck accident, or suffered the devastating loss of a loved one due to wrongful death, our team is here to support you every step of the way. We also handle complex cases involving medical malpractice, birth injuries, and slip-and-fall accidents, ensuring that negligent parties are held accountable.
Our experience also extends to dog bite incidents and serious injuries or fatalities sustained in plant and refinery accidents. By providing personalized attention, thorough investigations, and aggressive representation, we strive to secure the compensation you deserve for your injuries, losses, and suffering. Our goal is to make the legal process as straightforward and stress-free as possible, allowing you to focus on your recovery while we fight for your rights.
Motor Vehicle Accident Law
Accidents involving motor vehicles can be devastating. Our injury lawyer handles a wide range of motor vehicle accident cases, including:
- Car Accidents – From minor fender-benders to severe crashes, we help victims of car accidents secure the compensation they need.
- Truck Accidents – Truck accidents typically result in severe injuries because of the size and weight of commercial vehicles. Our injury attorney understands the complexities involved in these cases and fights for maximum compensation.
- Motorcycle Accidents – Motorcyclists are vulnerable when riding on the road. We assist victims in recovering damages for their injuries.
- Bicycle Accidents – Bicyclists typically suffer very serious injuries in collisions with motor vehicles. We work to ensure they receive fair compensation.
- Pedestrian Accidents – Pedestrians hit by vehicles can experience life-altering injuries. Our attorneys are here to help them get the justice they deserve.
Nursing Home Abuse Law
Elder abuse and neglect in nursing homes are serious issues. Our injury lawyer is dedicated to protecting the valuable legal rights of the elderly and holding negligent facilities accountable.
Plant and Refinery Accident Law
Plant and refinery accident law in Texas focuses on protecting workers who are injured in industrial accidents. These accidents can result from equipment failures, exposure to hazardous materials, fires, explosions, or unsafe working conditions. The law provides injured workers with the right to seek compensation for medical expenses, lost wages, and other damages.
Premises Liability Law
In Texas, property owners have a duty to keep their premises safe. When they fail to do so, and injuries occur, we help victims pursue claims for compensation. One of the most common types of premises liability accidents is slip-and-fall incidents.
Product Liability Law
Consumers have the right to expect that the products they purchase are safe. When defective or dangerous products cause harm, we fight for the rights of injured consumers.
Wrongful Death Law
Losing a loved one due to someone else’s negligence is devastating. We support families through these difficult times and help them seek compensation for their loss.
The Injury Claims Process in Texas
In Texas, personal injury cases are governed by various statutes and legal principles. Understanding these can be crucial for a successful claim. Texas follows a modified comparative fault rule. Comparative fault means that if you are partially at fault for the accident, your compensation can be reduced by your percentage of fault. However, if you are more than 50% at fault, you cannot recover any damages.
The statute of limitations for personal injury claims in Texas is generally two years from the date of the injury. In other words, you have two years to file a lawsuit, or you may lose your right to seek compensation.
Our Texas personal injury team is dedicated to supporting you through every step of the process, from the initial consultation to the final resolution of your case. The steps in a Texas personal injury claim are as follows:
Step 1 – Seek Medical Attention
Your health is the most important priority. Seek immediate medical attention for your injuries and follow your doctor’s advice.
Step 2 – Gather Evidence
Collect evidence related to the accident, including photographs, witness statements, police reports, and medical records. This evidence will be crucial in supporting your claim.
Step 3 – Consult Our Attorney
Contact our experienced Texas personal injury attorney to discuss your case. At Mark Diaz & Associates, we offer a free initial consultation to help you understand your legal options.
Step 4 – File A Claim
Your injury attorney will help you file a personal injury claim with the at-fault party’s insurance company. This claim will disclose the extent of your injuries and the compensation you are seeking.
Step 5 – Negotiation
Your injury attorney will negotiate with the at-fault party’s insurance company to reach a just settlement. If a settlement cannot be reached, your attorney may advise taking the case to court.
Step 6 – Litigation
If your injury case goes to court, your attorney will represent you and present evidence to support your claim. The court will then decide the outcome of your case.
Why You Need A Texas Personal Injury Attorney
Navigating the Texas civil legal system is complex and overwhelming. Having our experienced personal injury attorney on your side can make a significant difference in the outcome of your case. We can help you:
- Understand your legal rights and options
- Gather and preserve crucial evidence
- Negotiate with insurance companies
- Represent you in court if necessary
- Ensure you receive the maximum compensation possible
Texas Personal Injury Frequently Asked Questions
How Long Do I Have To File A Personal Injury Claim In Texas?
In most Texas personal injury cases, the statute of limitations is two years from the date the injury claim accrues. For many accident cases, that means two years from the date of the crash, fall, assault, defective product injury, or other incident that caused harm. Texas law also applies a two-year limitations period to wrongful death claims, but the clock generally begins on the date of the injured person’s death rather than the original injury date.
This deadline is critical because waiting too long can permanently damage the claim. Even if the insurance company has been communicating with the injured person, settlement discussions do not automatically preserve the right to sue. If the lawsuit is not filed before the deadline, the defendant can usually ask the court to dismiss the case.
There may be narrow exceptions in certain situations, such as cases involving minors, delayed discovery of an injury, fraud, or claims against governmental entities. However, those exceptions are highly fact-specific and should never be assumed. Claims involving public agencies, city vehicles, county property, school districts, or other governmental defendants may also involve separate notice deadlines that can be much shorter than two years.
What Compensation Can An Injured Person Recover In A Texas Personal Injury Case?
A Texas personal injury claim may include economic damages, non-economic damages, and, in limited cases, exemplary damages. Economic damages are the measurable financial losses caused by the injury. These may include emergency room bills, hospital care, surgery, physical therapy, prescription medication, lost wages, reduced earning capacity, future medical treatment, rehabilitation costs, assistive devices, and out-of-pocket expenses.
Non-economic damages address the human impact of the injury. These damages may include physical pain, emotional distress, mental anguish, disfigurement, physical impairment, inconvenience, loss of enjoyment of life, and the ways the injury affects daily routines, family responsibilities, work, hobbies, and independence.
Exemplary damages, sometimes called punitive damages, may be available in cases involving fraud, malice, or gross negligence. These damages are not awarded in every case. They are meant to punish, especially wrongful conduct, and deter similar behavior, not simply compensate the injured person.
Some Texas claims, especially medical malpractice claims, may be subject to statutory caps on certain categories of damages. Texas health care liability claims are governed by Chapter 74 of the Texas Civil Practice and Remedies Code, which includes special rules, procedural requirements, and damage limitations that do not apply to every ordinary personal injury case.
What Is The Texas 51 Percent Rule In Personal Injury Cases?
Texas follows a modified comparative fault system known as proportionate responsibility. Under Texas Civil Practice and Remedies Code Chapter 33, an injured person generally cannot recover damages if their percentage of responsibility is greater than 50 percent.
If the injured person is 50 percent or less at fault, they may still recover compensation, but their recovery is reduced by their assigned percentage of fault. For example, if a jury determines that the injured person suffered $100,000 in damages but was 20 percent responsible, the recoverable amount would be reduced by 20 percent, leaving $80,000.
This rule makes liability evidence extremely important. Insurance companies often try to shift blame to the injured person by arguing that they were speeding, distracted, failed to keep a proper lookout, ignored a warning sign, delayed medical care, or contributed to the accident in some other way. Strong evidence, such as photographs, video footage, crash reports, witness statements, medical records, vehicle damage, expert analysis, and incident documentation, can be essential to fighting unfair fault allegations.
Should I Talk To The Insurance Company After An Accident In Texas?
An injured person should be cautious when speaking with an insurance company after an accident. It is normal for an adjuster to call soon after a crash or injury, but the adjuster’s job is to evaluate the claim for the insurance carrier. That means the adjuster may be looking for facts that reduce the insurer’s financial exposure.
Basic claim information may be necessary, such as identifying the parties, confirming the date and location of the incident, and reporting that medical treatment is ongoing. However, injured people should be careful about giving recorded statements, speculating about fault, minimizing symptoms, guessing about injuries, or accepting a quick settlement before the full medical picture is known.
A common mistake is saying “I’m fine” shortly after an accident when adrenaline is still high, and symptoms have not fully developed. Soft tissue injuries, concussions, back injuries, neck injuries, internal injuries, and nerve-related symptoms may worsen over the following days. A premature statement can later be used to argue that the injuries were minor or unrelated.
Before accepting any settlement, the injured person should understand the full scope of past medical bills, future medical needs, lost income, impairment, pain, and the long-term effect of the injury. Once a release is signed, the claim is usually over, even if the condition worsens later.
What Should I Do After A Car Accident, Truck Accident, Or Serious Injury In Texas?
The first priority after any serious accident is safety and medical care. If anyone is injured, emergency services should be contacted immediately. Medical documentation is important not only for health reasons, but also because it creates a record connecting the injury to the incident.
After a Texas accident, the injured person should report the incident, gather evidence when safe to do so, identify witnesses, take photographs and videos, preserve damaged property, and avoid making unnecessary statements about fault. In a car or truck accident, useful evidence may include the crash scene, vehicle positions, skid marks, road conditions, traffic signals, license plates, commercial vehicle markings, driver information, insurance information, and visible injuries.
For premises liability cases, such as falls in stores, apartments, restaurants, hotels, or parking lots, the injured person should report the incident to the property owner or manager and ask that an incident report be created. Photographs of the hazard are especially important because dangerous conditions are often cleaned, repaired, removed, or changed quickly.
For workplace-adjacent injury claims, commercial vehicle crashes, oilfield accidents, construction injuries, rideshare collisions, and other complex cases, evidence can disappear quickly. Surveillance footage may be overwritten, vehicles may be repaired, logs may be altered, and witnesses may become difficult to locate. Early preservation of evidence can make a significant difference.
How Are Texas Personal Injury Settlements Calculated?
There is no automatic settlement formula that applies to every Texas personal injury case. The value of a claim depends on liability, damages, insurance coverage, medical evidence, the severity and duration of injuries, the need for future care, lost income, comparative fault, credibility, venue, and whether the defendant’s conduct was ordinary negligence or something more serious.
Medical expenses are important, but they are only one part of the analysis. A case involving a short course of treatment and full recovery is valued differently from a case involving surgery, permanent impairment, chronic pain, traumatic brain injury, spinal injury, disfigurement, or long-term work restrictions. Lost wages and diminished earning capacity can also significantly affect case value, especially when the injured person cannot return to the same job or career path.
Insurance coverage is another practical factor. A claim may have serious damages, but available insurance coverage can affect settlement negotiations. In major injury cases, attorneys often investigate all potentially responsible parties and all possible insurance sources, including commercial policies, umbrella coverage, employer liability, premises coverage, underinsured motorist coverage, and third-party defendants.
The strength of the evidence also matters. A well-documented case with clear liability, consistent medical treatment, credible witnesses, and strong expert support generally places more pressure on the insurance company than a case with disputed fault, treatment gaps, unclear causation, or incomplete records.
Are There Damage Caps In Texas Personal Injury Cases?
Many ordinary Texas personal injury cases do not have a general cap on compensatory damages. For example, a typical car accident, truck accident, slip and fall, or negligent security case may not have a universal cap on medical expenses, lost income, pain and suffering, or other compensatory damages.
However, certain types of Texas cases do involve caps or special limitations. Medical malpractice cases are one of the most important examples. Texas health care liability claims are governed by Chapter 74, and Texas law limits certain non-economic damages in medical malpractice cases. Medical malpractice claims also have special procedural requirements that must be handled carefully.
Claims against governmental entities may also involve special notice rules, immunity issues, and statutory limitations. Punitive or exemplary damages are also subject to separate Texas rules and limitations. Because damage caps depend heavily on the type of defendant, the legal theory, and the category of damages, it is important not to assume that every Texas injury case is capped or uncapped in the same way.
What Makes Texas Truck Accident Claims Different From Regular Car Accident Claims?
Texas truck accident claims are often more complex than ordinary passenger vehicle crashes because they may involve commercial carriers, corporate defendants, federal safety regulations, driver qualification issues, maintenance records, electronic logging devices, cargo loading practices, dispatch pressure, and higher insurance limits.
A serious truck accident may require an investigation into the driver, the trucking company, the owner of the trailer, the maintenance provider, the broker, the shipper, the cargo loader, or other companies involved in the transportation chain. Liability may extend beyond the truck driver if the crash was caused by unsafe hiring, poor training, negligent supervision, fatigued driving, mechanical failure, overloaded cargo, improper maintenance, or unrealistic delivery schedules.
Evidence in truck accident cases can be highly technical. Important records may include driver logs, black box or electronic control module data, inspection reports, dash camera footage, GPS data, dispatch records, maintenance histories, drug and alcohol testing records, driver qualification files, and bills of lading. Because some evidence may be lost or overwritten, early preservation letters and prompt investigation are especially important.
These cases also tend to involve more severe injuries because of the size and weight of commercial vehicles. The damages may include emergency treatment, surgery, hospitalization, permanent disability, traumatic brain injury, spinal cord trauma, orthopedic injuries, burns, amputations, or wrongful death damages.
Do I Need A Lawyer For A Texas Personal Injury Claim?
Not every minor injury claim requires a lawyer. If the accident involved minimal property damage, no meaningful injury, no disputed fault, and no ongoing medical treatment, the injured person may choose to handle the insurance process directly.
However, legal representation becomes much more important when injuries are serious, liability is disputed, multiple parties are involved, medical treatment is ongoing, the insurance company is blaming the injured person, a commercial vehicle is involved, the claim involves a governmental entity, the case involves medical malpractice, or the insurer is pressuring the injured person to settle quickly.
A Texas personal injury attorney can investigate liability, preserve evidence, identify insurance coverage, calculate damages, communicate with insurance adjusters, work with medical and expert witnesses, negotiate a settlement, and file a lawsuit when necessary. The attorney’s role is not just to demand money, but to build the factual and legal foundation needed to prove negligence, causation, and damages under Texas law.
Because Texas applies a two-year statute of limitations in many injury and wrongful death cases, and because comparative fault can reduce or bar recovery, early case evaluation can help protect the injured person’s rights before evidence disappears or deadlines become a problem.
Call Mark Diaz & Associates For Representation After A Personal Injury in Texas
If you or a loved one has been injured in an accident caused by a negligent or reckless individual, don’t wait to seek legal help. At Mark Diaz & Associates, we are committed to fighting for your rights and helping you secure the compensation you deserve. Our dedicated team of attorneys will work tirelessly to ensure your case is handled with the utmost care and professionalism.
We serve clients throughout the state of Texas and offer a free consultation to discuss your case and explain your valuable legal rights and options. Call our Galveston personal injury lawyers today at 409-515-6170 to receive your free consultation and take the first step towards getting the justice and compensation you deserve. Let Mark Diaz & Associates be your trusted legal partner in your time of need.
When you hire Mark, you work directly with him. Clients have his personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, Mark will remain personally involved and accessible.
