El Paso is a border city, and injury cases here can look different from cases in the rest of Texas. The truck that caused a crash may be hauling freight from a maquiladora in Juárez.
The driver who ran a light may carry a Mexican insurance policy. An El Paso personal injury lawyer has to account for those realities along with Texas law.
To talk through what happened and which of these issues apply to you, call the El Paso office at (915) 444-5025. Consultations are free.
Who Is NMW Law Firm in El Paso?
NMW Law Firm is a Texas injury firm with offices in El Paso, Houston, San Antonio, and Plano. Its El Paso office sits downtown on North Kansas Street, close to the county courthouse.
- More than $200 million recovered in settlements across more than 3,000 cases
- More than 70 years of combined attorney experience
- More than 90 percent of clients referred by their physicians
- Commercial trucking at the center of the firm's practice, an important focus in a city built around cross-border freight
How Does a Texas Injury Claim Work?
Whatever caused your injury, the same Texas rules shape the claim.
The Filing Deadline
Most personal injury lawsuits in Texas must be filed within two years of the injury under Section 16.003 of the Civil Practice and Remedies Code.
Wrongful death claims generally run two years from the date of death, and a child's own claim is usually paused until the child turns 18.
Shorter Notice Rules for Government Claims
If a city vehicle, a county worker, or a dangerous public road contributed to the injury, the Texas Tort Claims Act generally requires written notice within six months. City charters can set even shorter deadlines, so these claims need attention quickly.
How Fault Affects What You Recover
Texas uses modified comparative fault, which the statute calls proportionate responsibility. A jury assigns each party a percentage of blame.
If you are 50 percent at fault or less, your damages are reduced by your share. At 51 percent or more, you recover nothing. Here is how that works on a claim with $200,000 in total damages:
| Your share of fault | What you recover |
|---|---|
| 0 percent | $200,000 |
| 25 percent | $150,000 |
| 50 percent | $100,000 |
| 51 percent | Nothing |
What Makes El Paso Injury Cases Different?
Commercial Trucks and the Ports of Entry
El Paso's bridges carry a steady stream of commercial freight between Mexico and the United States. The Bridge of the Americas and the Ysleta-Zaragoza crossing feed trucks onto I-10, Loop 375, and the Border Highway every day.
When one of those trucks causes a crash, the case can involve a U.S. carrier, a Mexican carrier operating under federal authority, a broker, and a shipper. Each may carry different insurance, and identifying the right one is often the first real task in the case.
Cross-Border Insurance Problems
Drivers from Juárez and other parts of Mexico cross into El Paso daily for work, school, and shopping. Some carry a U.S. policy bought for their visit; others carry only Mexican coverage, which may not respond to a Texas claim the way a domestic policy would.
When the at-fault driver's coverage is missing or hard to collect, your own uninsured motorist coverage often becomes the most dependable source of recovery.
Where El Paso Injury Cases Are Heard
Most El Paso injury lawsuits are filed in the El Paso County district courts or county courts at law, at the county courthouse downtown on East San Antonio Avenue.
Some cases, such as claims against interstate carriers based in other states, may be filed in or moved to the federal court in El Paso.
Knowing the local courts, their scheduling habits, and El Paso juries' expectations is part of valuing a case realistically.
What Injury Cases Does the El Paso Office Handle?
Truck Accidents
Commercial trucking cases are the firm's central focus. Crashes involving 18-wheelers on I-10, the Border Highway, and routes to the ports of entry tend to cause severe injuries because of the weight difference between a loaded truck and a passenger car.
These claims involve federal rules on driver hours, inspections, and cargo securement, and they often have several defendants:
- The truck driver
- The motor carrier that employed or contracted the driver
- A freight broker that arranged the load
- The company that loaded or secured the trailer
Evidence such as electronic logs and engine data has to be preserved quickly.
Car Accidents
Rear-end collisions on I-10, intersection crashes on Montana Avenue and Mesa Street, and sideswipes in construction zones make up much of El Paso's car crash caseload.
Most claims start with the at-fault driver's liability insurance, and Texas drivers must carry at least $30,000 per person. When injuries are serious, the claim may also involve underinsured motorist coverage and a careful look at whether a commercial vehicle or employer is involved.
Motorcycle Accidents
El Paso's mild climate keeps riders on the road year-round, and left-turning drivers who misjudge a motorcycle's speed cause many of the worst crashes.
Motorcycle claims often turn on countering insurer bias against riders, addressing Texas helmet law arguments, and proving the rider was in their lane at a safe speed. Injuries frequently include fractures, road rash, and head trauma.
Brain Injuries
Traumatic brain injuries can follow a car crash, a fall, or a blow to the head, and symptoms may not appear for days.
These claims depend on medical documentation from neurologists and neuropsychologists showing changes in memory, concentration, mood, and ability to work. Because the effects can last for years, future care and lost earning capacity are often the largest parts of the claim.
Catastrophic Injuries
Spinal cord injuries, amputations, severe burns, and other life-changing injuries require a claim built around the rest of the injured person's life.
That usually means life care planners, economists, and treating physicians working together to estimate future medical costs, home modifications, and lost income. Insurance limits often become a central issue, so identifying every available policy matters.
Construction Accidents
Construction injuries in Texas start with one question: does the employer carry workers' compensation? Texas lets most private employers opt out, and those that do lose several key defenses in an injury lawsuit.
Claims can also be brought against general contractors, other subcontractors, and equipment manufacturers whose negligence contributed to the injury.
Wrongful Death
When a crash or other negligence takes a life, Texas allows the surviving spouse, children, and parents to bring a wrongful death claim for their own losses. The estate may also bring a separate survival claim for what the person who died could have recovered.
These cases generally must be filed within two years of the death.
Dog Bites
Texas dog bite claims usually rest on whether the owner knew the dog was dangerous or failed to control it, including violations of El Paso's leash rules.
Most claims are paid by the owner's homeowners' or renters' insurance, which matters for people hesitant to pursue a neighbor or relative. Children's facial injuries and scarring often drive the most serious claims.
Sexual Abuse
Survivors of sexual abuse can bring civil claims against abusers and, in many cases, against institutions that failed to prevent the abuse, such as schools, churches, and youth programs.
Texas has extended filing deadlines for many sexual abuse claims, particularly those involving children. These cases are handled with confidentiality and care for the survivor's privacy.
Drunk Driving Accidents
Crashes caused by impaired drivers can support claims not only for compensation but, in some cases, for exemplary damages when the conduct rises to gross negligence.
Bars and restaurants that overserve an obviously intoxicated customer may also be liable under Texas dram shop law. A criminal DWI case can run alongside the civil claim without replacing it.
Pedestrian Accidents
People on foot in El Paso face wide, fast arterials and long crossing distances, especially at night.
Pedestrian claims often focus on whether the driver failed to yield, was distracted, or was speeding. Because pedestrians have no protection, injuries are frequently severe, and the driver's insurance may not be enough to cover them.
Hit and Run Accidents
When a driver flees, the claim often depends on finding them through video, witnesses, or vehicle debris. If the driver is never identified, uninsured motorist coverage on your own policy may pay for injuries, provided the fleeing vehicle made physical contact and the crash is reported promptly.
Uber Accidents
Uber's insurance coverage depends on what the driver was doing at the time of the crash. Coverage is highest during an active trip and lower when the driver is logged in but waiting for a request.
Passengers, other drivers, and pedestrians hurt by an Uber driver may each have different paths to recovery.
Lyft Accidents
Lyft claims follow a similar coverage structure to Uber, with the level of insurance tied to the driver's app status at the moment of the crash.
Establishing that status quickly, and identifying the driver's personal policy as well, is often the key to a Lyft claim.
Uninsured Motorist Accidents
Texas drivers without insurance still cause crashes. Uninsured and underinsured motorist coverage on your own policy can pay when the at-fault driver has no coverage or too little.
Texas insurers must offer this coverage, and it applies unless you rejected it in writing. Your own insurer may still dispute the claim, so it should be handled as carefully as any other.
What Drives the Value of an Injury Claim?
Texas law allows recovery for two broad kinds of loss:
- Economic damages, such as medical bills, future treatment, lost wages, and reduced earning capacity
- Non-economic damages, such as physical pain, mental anguish, physical impairment, and disfigurement
The factors that most often drive value are:
- How severe and how permanent the injury is
- How thoroughly the medical records document it
- How clear the evidence of fault is
- How much insurance coverage is available
Settlement figures for other cases rarely predict yours, which is why the firm does not publish them..
How Should You Handle the Insurance Adjuster?
An adjuster from the other driver's insurance company may call within a day or two. Two things are worth knowing:
- Recorded statements are usually optional. You generally do not have to give one to the other side's insurer, and anything you say can be used to argue you were partly at fault.
- Early offers come early for a reason. They usually arrive before the full extent of an injury is known, and accepting one ends the claim.
FAQs for El Paso Personal Injury Claims
How long do I have to file an injury claim in Texas?
Most Texas personal injury lawsuits must be filed within two years of the injury. Claims against government entities often require written notice within six months or less, and minors generally have until two years after turning 18. Missing the deadline usually ends the right to recover.
Can I still recover if I was partly at fault?
Yes, if your share of fault is 50 percent or less. Texas reduces your recovery by your percentage of fault, so a person found 20 percent responsible recovers 80 percent of their damages. At 51 percent or more, recovery is barred.
How much does it cost to hire a personal injury lawyer in El Paso?
Many El Paso personal injury lawyers work on a contingency fee, meaning they are paid a percentage of the recovery rather than hourly fees. NMW Law Firm offers free consultations, and the fee arrangement is explained in writing before any agreement is signed.
How long does a personal injury case take in Texas?
A Texas personal injury claim can resolve in a few months if liability is clear and treatment is complete, or take a year or more if a lawsuit is filed. Cases involving serious injuries often wait until the injured person reaches maximum medical improvement.
What if the driver who hit me was from Mexico?
A crash with a driver from Mexico can still lead to a claim in El Paso. The key questions are what insurance the driver carried and whether it responds in Texas. When coverage is missing or difficult to collect, your own uninsured motorist coverage may pay.
El Paso Cases, Handled From El Paso
NMW Law Firm's El Paso office is at 221 N Kansas St., Suite 700, downtown near the county courthouse. Clients here work with a team that knows the city's roads, its courts, and the way cross-border traffic complicates a claim.
Call (915) 444-5025 to set up a free consultation at the office or by phone. Results in any case depend on its facts, and a past result does not predict a future one.