Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

After a fatal crash, the grief is especially poignant because the death is so sudden and unexpected. It's natural to be so overwhelmed by this that thoughts of legal recourse are far from your mind. An El Paso, TX wrongful death attorney can help you decide when a lawsuit is appropriate and take on the legal tasks so you can focus on grieving and healing. When Should El Paso, TX Families Consider a Wrongful Death Lawsuit After a Fatal Crash? When another person's wrongful act, neglect, carelessness, unskillfulness, or default causes a death, the law gives certain relatives the right to bring a civil claim for actual damages. That claim is completely different from any criminal case the state may bring against the driver. The two can influence each other, but they are separate. Just because one is successful or unsuccessful does not mean the other will be the same. You should consider a lawsuit when the facts show the death would not have happened if the other person had met the duty every driver owes to other road users. Running a red light, crossing the center line, driving impaired, or failing to yield are all examples of a failure of this duty. So are commercial-truck violations or when a commercial vehicle is sent out when the driver or owner knows that it's not in a fit state. Who Can Bring a Claim? A wrongful death claim exists for the exclusive benefit of the surviving spouse, children, and parents of the person who died, and any one of those relatives may file for the benefit of all, so long as they do so within two years of their loved one's death. Filing never benefits only the person who files: any award will be shared among all surviving family in the eligible categories. Siblings, grandparents, and domestic partners who do not qualify as spouses generally cannot bring a claim or benefit from it, no matter how close the household was. If, after three months, none of the eligible family have brought a claim, then the executor of the deceased's estate can bring a claim unless all eligible relatives request that they do not. Even though it's technically the estate bringing a claim, everything recovered still goes to the surviving spouse, children, and parents. The Survival Action A survival action is a kind of companion claim to wrongful death. Essentially, this is the personal injury claim the deceased person could have brought if they had survived. Through that action, the deceased's estate can seek recompense for their medical bills, lost earnings between the time of injury and the time of death (if those did not occur on the same day), and compensation for pain suffered before dying. Call a Wrongful Death Attorney The unexpected death of a loved one is one of the hardest things anyone will ever have to deal with, but you don't have to deal with the legal aspects of this alone. Call the Labinoti Law Firm at 915-201-0132 or visit us online to set up a free consultation. We serve victims and their families across Texas and New Mexico.

Spotting signs of neglect at a nursing home can be emotionally challenging. It's natural to become immediately upset at the thought that someone is abusing or neglecting your loved one. But the best way to bring a successful claim against a nursing home, in most cases, is with carefully compiled evidence. A nursing home abuse lawyer in El Paso, TX can review the signs you're seeing and explain what steps to take. Most Common Signs of Nursing Home Abuse The Devil's in the Details If you walk into the room and notice something's off, stop and look closer. Maybe the sheets look like they've been unchanged for days, or your mother has lost weight or her hair hasn't been washed. Those details often show the facility is failing to meet the basic standard of care. A one-time issue probably isn't enough, but if you've noticed this several times, it's likely there's a larger issue looming. Bedsores Pressure ulcers, also called bedsores, are open wounds that form when a resident stays in one position too long and isn't being turned or repositioned appropriately. Once stage 3 or 4 ulcers appear, it's almost always because staff are ignoring the repositioning schedules or failing to keep a resident's skin clean and dry. Dehydration and Weight Loss When a resident stops drinking enough fluids or eating regular meals, the body shows it quickly. They may have a dry mouth, sunken eyes, low urine output, or a drop in weight that can't be explained. Neglect is a failure to provide the goods or services necessary to avoid physical harm, and a low fluid intake or skipped meals are often clear proof that caregivers are not meeting that duty. Injuries Unexplained bruises, fractures, or repeated falls are a big red flag. Facilities must keep their residents safe from preventable accidents, and when falls keep happening and the staff fail to use bed alarms, proper footwear, or supervised transfers, the pattern itself shows there's been inadequate supervision. An Office of Inspector General report found that nursing homes failed to report 43% of falls that caused major injury and hospitalization among Medicare residents. Medication Issues Missed doses, double doses, or the wrong pills can produce sudden changes in your loved one's alertness, blood pressure, or blood sugar. If you find that pharmacy records and nurse notes contradict each other, that's probably a systemic problem rather than an isolated mistake. Families who keep their own medication logs during visits can often discover these failures even more quickly. Strange Behavior A resident who once greeted visitors with smiles but is now silent or who has started rocking or refusing to leave the bed could be suffering from neglect or even outright abuse. Isolation from activities, friends, or family members is a huge red flag, especially for residents who aren't known to be suffering from a condition causing degenerative dementia. Talk to an El Paso, TX Nursing Home Abuse Lawyer If you recognize any of these warning signs, report the nursing home and contact us at the Labinoti Law Firm in El Paso, TX for a free consultation on the possibility of bringing civil legal action. We serve clients in the larger El Paso area as well as in Las Cruces, NM.

A traumatic brain injury (TBI) can change everything about a life, and planning ahead for how to deal with these changes is essential. Life-care plans are what map out the support and resources a survivor is going to need over their lifetime, and a brain injury attorney in El Paso, TX can help connect these medical projections with the legal options for securing those resources. What's a Life-Care Plan? This is a dynamic document, built from referring to published standards of medical practice, a comprehensive assessment of the survivor and their injuries, data analysis, and research. It provides an organized, concise plan for the survivor's current and future needs and estimates the associated costs for all this. In traumatic brain injury cases, the plan translates medical findings about cognitive, physical, emotional, and behavioral impairments into specific projections about what therapies, equipment, daily assistance, and other supports might be needed into the future. It gives families a clear picture of what ongoing care is probably going to look like. How Does a Life-Care Plan Get Made? A lawyer with experience in working with traumatic brain injury connects with a certified life care planner, who is often a nurse or rehabilitation professional with specialized training. This specialist interviews the victim and family members, reviews the complete medical records, imaging results, therapy notes, and consults with treating physicians, neurologists, therapists, and sometimes vocational experts to get information about whether the victim will be able to work in the future and what training that might require. Finally, they research current costs, the availability of services in the relevant geographic area, and do some calculating about how likely costs are to rise over the years. The result is a detailed, itemized document that can be updated as a survivor's condition or the available treatments change. How Is a Life-Care Plan Specifically Useful for TBI Survivors? For traumatic brain injury survivors, there are several specifically relevant areas that a life-care plan will usually address: Ongoing therapies Behavioral or psychological support Medications for seizures, spasticity, pain, sleep, or psychiatric symptoms Periodic diagnostic testing and follow-up imaging or neuropsychological evaluations Adaptive equipment like wheelchairs, communication devices, shower chairs, or specialized beds Home care or attendant services Transportation needs Potential complications TBI cases typically need a lot of detail because the effects are often lifelong and can vary widely from person to person. Some individuals regain significant function while others face serious ongoing challenges with cognition, personality, or physical abilities that affect their ability to work, keep up relationships, or even engage in self-care. Your Brain Injury Attorney El Paso, TX When an attorney handling a traumatic brain injury matter receives a completed life-care plan, it becomes a central tool for showing the full scope of the economic damages the survivor and their family have lost. With it, a legal team can concretely demonstrate to insurance companies or a jury exactly why certain future expenses are medically necessary and reasonably probable. If you or someone close to you is dealing with these realities, contact the Labinoti Law Firm for a free consultation at our offices in downtown or west El Paso or in Las Cruces, NM.

If a product that you used as intended has caused you a serious injury, the manufacturer could be responsible. The best way to know if you have a case and can hold them liable is to talk with a product liability lawyer here in Las Cruces, NM. When Can a Defective Product Manufacturer Be Held Liable? Manufacturers can face liability under several legal approaches, but strict liability is the most common path for these claims. With strict liability, you don't need to show that the company acted carelessly or even knew about the problem: you simply have to prove that the product was defective and that the defect caused your harm. There are three main types of defects that you can bring an action over: Manufacturing Design Inadequate warning Manufacturing Defect This happens when something goes wrong during production, and the unit you bought (or a small batch of units out of a larger production run) differs from the rest of the batch and is unreasonably dangerous. For example, if there's a big production run of power tools, and an issue along the way caused a small number of them to have a cracked housing that was not caught on the assembly line, this would be a manufacturing defect. Design Defect A design defect is different. Here the entire line of products carries the same flaw because the problem is actually baked into the blueprint. There's nothing wrong with the way they were made; there were no mistakes during production. The issue is the design itself. For example, if you've got a child's car seat that collapses in certain types of crashes where the angles of impact are just right, the courts may find that the design itself was defective, even if every seat was built correctly. Inadequate Warnings A product may be perfectly safe when used properly, but if the maker doesn't tell users about hidden risks or how to avoid them, they can be held liable. This covers anything from missing labels on chemicals that shouldn't come in contact with your skin to unclear instructions about assembly for a ladder that tips easily if it's put together wrong. The warning must be clear, prominent, and reach the people who will actually use the item. Other Avenues to Hold Manufacturers Accountable Negligence is another route to liability, but it requires more proof. You would need to show that the manufacturer failed to use reasonable care in designing, testing, or inspecting the product. If strict liability does not apply, or when additional damages are available, this could be what your lawyer will recommend. Breach of warranty is another way to prove liability, if the product came with promises about safety or performance that it failed to meet. Most claims, however, rely on strict liability because it removes the need to dig into the company's internal decision-making. Call a Product Liability Lawyer in Las Cruces, NM If you have been hurt by a defective product, contact the Labinoti Law Firm in Las Cruces, NM today for a free consultation. We also serve clients in the Carlsbad area and in El Paso, TX.

If you've been injured by a dog attack, you might wonder what proof you'll need to bring to show that the owner failed to prevent the attack and has a responsibility to you for your injuries. In El Paso, TX, a dog bite attorney can help you find the evidence needed to hold them accountable. Liability Rules for Dog Owners in El Paso, TX Texas holds dog owners responsible under a one-bite rule when they knew or should have known their dog had dangerous tendencies. Any prior bite or signs of aggression would count as prior knowledge. You can also succeed with a straight negligence claim if the owner simply failed to use reasonable care, even if this was the dog's first incident. The key is showing the owner had a duty to control the animal and did not do so, and that this failure directly caused your injuries. Evidence of the Dog's Prior Aggressive Behavior The question here is if the owner had actual or constructive knowledge of the dog's temperament. "Actual" knowledge would be something like a prior history of biting. "Constructive" knowledge is when you argue that the owner should have known the dog could be aggressive. For example, if the dog's neighbor reports that the dog often growled or lunged at them, even if there had never been an actual incident, this could go to proving constructive knowledge. Any documentation of aggressive action of any kind can prove the owner should have known the dog could have been dangerous and taken steps to contain the animal. Proof the Owner Did Not Secure or Control the Dog Photographs of a broken fence, an open gate, or of the dog running loose at the time of the attack are great visual proof of negligence. If the owner ignored local requirements about how to keep the dog under control, that violation itself is evidence they fell short of their duty. Witness Statements and Official Reports Eyewitness accounts describing the dog charging or the owner yelling warnings that came too late will be very helpful. Ask any potential witnesses to provide written statements as soon as possible while details are fresh in their minds. Police reports or animal control incident logs taken on the day of the attack day will also be helpful to your case. These often note whether the dog was restrained properly or had a history of complaints. Medical Records and Scene Documentation Your medical records should be a clear link that proves your injuries came from a dog bite. Photos of your wounds, the location, and any lack of signage or barriers will complete the picture. Call an El Paso Dog Bite Attorney Today Contact the Labinoti Law Firm today in El Paso, El Paso Westside, or Las Cruces, NM for a free consultation. We work on a contingency basis, so you pay nothing upfront and only if we win for you. We fight for the full compensation you deserve.

A Las Cruces, NM hit-and-run accident can leave you facing medical bills and vehicle repairs, and when there's no obvious responsible party to turn to, it's easy to feel like everything is hopeless. Underinsured motorist coverage can provide you with the essential protection to get through all this, and an underinsured motorist lawyer can help you make and push through your claim effectively. How Does Underinsured Motorist Coverage Help After a Hit-and-Run in Las Cruces, NM? Underinsured motorist coverage is part of your own auto insurance policy and protects you when the driver who caused the accident carries some insurance but not enough to cover your full damages. In New Mexico, every auto liability policy must include uninsured motorist coverage unless you reject it in writing. That same coverage automatically includes underinsured motorist protection. How It Applies to Hit-and-Run Accidents In any car accident, everyone involved is entitled to recover damages relative to their degree of fault. If you were 20% at fault for the accident, for instance, you would be able to recover 80% of your damages. But in a hit-and-run, the driver flees, and you may not be able to find out who they are so that you can pursue an insurance claim. For insurance purposes with New Mexico policies, a hit-and-run is treated much the same as if the driver had not left the scene but was underinsured. If the police cannot find the driver, your underinsured motorist coverage pays benefits as if that driver had carried liability insurance, up to your selected limits. If officers do later track down the driver, and they do have insurance, the at-fault driver's insurer pays its maximum first. Your underinsured motorist coverage then covers the remaining gap for your medical bills, lost wages, and other damages up to the difference between their limits and yours. What Your Coverage Can Pay For You can use underinsured motorist coverage for medical expenses for you and your passengers, lost income if you've had to miss work while recovering, as well as for pain and suffering and other non-economic losses that the liable driver would have owed you. Your coverage can also cover vehicle repairs and replacement if you have a property damage protection endorsement. When to Contact an Underinsured Motorist Lawyer It's always wise to talk to a lawyer as soon as possible after an accident, and particularly after a hit-and-run. Your lawyer can initiate an independent investigation that may even turn up the driver. But even if the driver is never found, all kinds of disputes can arise, even with your own insurance company, about the amount of your damages, whether certain medical treatments are related to the accident, or how the limits of the policy apply. Your lawyer will review your policy, gather all the necessary evidence, build a strong case on your behalf, and negotiate for you to get the maximum amount. Call the Labinoti Law Firm in Las Cruces today at 575-221-0039 for a free consultation on your case. We also serve clients in the El Paso, TX area.

When industrial accidents occur at El Paso's energy facilities, determining liability can be complex. Multiple parties may bear responsibility for your injuries, and understanding your legal options is crucial for securing fair compensation. At Labinoti Law Firm, Attorney Daniela Labinoti helps injured workers and their families navigate the challenging landscape of refinery accident claims in El Paso and throughout West Texas. Understanding Liability in El Paso Refinery Accidents Oil refinery accident lawyer cases often involve multiple potentially liable parties beyond your direct employer. Texas law recognizes that modern industrial sites operate under complex chains of command, with various contractors, subcontractors, and third-party entities sharing responsibility for workplace safety. Who Can Be Held Liable for Your Injuries? Plant Owners and Operators may face liability when they fail to maintain safe working conditions or implement adequate safety protocols. Their responsibility extends to ensuring proper maintenance of equipment and facilities throughout their El Paso operations. General Contractors and Subcontractors frequently bear responsibility for accidents when their negligence creates unsafe conditions. Texas courts examine who had the right to control the specific work that caused your injury, considering factors such as: Who supervised the dangerous activity Which party provided the equipment involved Who had authority to enforce safety measures Which entity established work procedures Who knew about existing hazards Equipment Manufacturers may be liable through product liability claims when defective machinery contributes to accidents. This includes situations involving improperly designed safety systems or inadequate warnings about equipment hazards. Third-Party Service Providers hired for maintenance, inspection, or other specialized services can face liability when they fail to perform their duties safely or create dangerous conditions for other workers. Common Causes of Refinery Accidents in El Paso Industrial accidents at energy facilities often result from preventable safety failures. Refinery accident attorney investigations frequently uncover negligence such as: Inadequate maintenance of critical safety equipment Failure to implement proper lockout/tagout procedures Insufficient training on hazardous materials handling Poor communication between multiple contractor crews Violations of OSHA safety standards Defective or improperly maintained equipment These incidents can result in catastrophic injuries including severe burns, chemical exposure, traumatic brain injuries, and spinal cord damage. Your Rights Under Texas Law Texas provides unique legal protections for injured industrial workers. Unlike workers in many states, you may have options beyond standard workers' compensation benefits. When third-party negligence contributes to your accident, you can pursue additional compensation through civil litigation. Third-party liability claims allow you to seek full damages including pain and suffering, complete wage replacement, and compensation for permanent disabilities - benefits often unavailable through workers' compensation alone. Why Choose Labinoti Law Firm for Your El Paso Refinery Accident Case Attorney Daniela Labinoti brings dedicated advocacy to complex industrial accident cases throughout the El Paso area. Our downtown location at 707 Myrtle Avenue and westside office at 6350 Escondido Dr provide convenient access for clients across El Paso County. We understand the unique challenges facing injured refinery workers and their families. Our thorough investigation process includes securing incident reports, reviewing safety manuals, examining contractor agreements, and consulting with engineering professionals to build the strongest possible case. From our offices near the El Paso County Courthouse, we serve clients throughout West Texas, including workers injured at industrial facilities across the region. Our commitment to the El Paso community drives our determination to hold negligent parties accountable. Frequently Asked Questions Can I sue if I'm already receiving workers' compensation benefits? Yes, you may pursue third-party liability claims against contractors, equipment manufacturers, or other entities whose negligence contributed to your accident, even while receiving workers' compensation. How long do I have to file a lawsuit after a refinery accident? Texas generally allows two years from the date of injury to file personal injury claims, though specific circumstances may affect this timeline. What if multiple contractors were involved in the accident? Texas law allows you to pursue claims against all parties whose negligence contributed to your injuries, and our investigation will identify every potentially liable entity. Will my employer retaliate if I file a lawsuit? Texas law prohibits employer retaliation against workers who pursue legitimate legal claims for workplace injuries. What compensation can I recover in a third-party lawsuit? Unlike workers' compensation, third-party claims can provide full wage replacement, pain and suffering damages, and compensation for permanent disabilities or disfigurement. Get Your Free Case Review for Injury Victims Don't let insurance companies minimize your claim or rush you into an inadequate settlement. The experienced legal team at Labinoti Law Firm will thoroughly investigate your accident, identify all liable parties, and fight for the full compensation you deserve. Contact our El Paso office today by calling 915-201-0132 or visiting our contact page to schedule your free consultation. We're here to help you understand your rights and pursue justice after your refinery accident injury.

Rideshare accidents are definitely more confusing than regular vehicle accidents, and it can be hard to know where to even start. Talk with an El Paso, TX rideshare accident lawyer right away, as this is the best step you can take to strengthen your claim after an accident. At the Scene First, always call emergency services, even if it doesn't seem like anyone is badly injured. You want the police there to assess the situation and make a report, which will become a foundational document in your claim and will have a lot of the basic details you need, such as all the information about involved parties and witnesses. Then, you'll want to gather evidence if you can physically do so. If you're badly injured or if it's not safe, skip this step and talk to a lawyer as quickly as you can so they can investigate the accident. If you're able to, take pictures and video of the accident. Make sure to get pictures from multiple angles that capture all the vehicle damage, any marks on the road, traffic signs nearby, and any injuries. Get the license plate and driver information from all cars and jot down the names of any witnesses who saw what happened. If they'll give you their phone numbers and a brief statement, even better. You'll pass this on to your lawyer right away. Get Medical Care Even if you feel fine, go see a doctor, and do this as soon as you can. Car accidents can cause injuries that don't always have immediate symptoms, but if you tell a doctor you've been in an accident, he or she will know what to look for. If you delay treatment, then the insurance company for the liable party may try to claim that your injuries are not very serious or not related to the accident at all. Keep every medical document you get, including bills, and follow the doctor's orders to the letter. Reporting the Collision As soon as you're safe, notify the rideshare company. With Uber and Lyft, you can do this right through their app. With an Uber, you use the “safety toolkit,” and with Lyft, you'll visit their help section. The company will then connect with their insurance provider to start the claims process. If you were a driver, you'd also want to contact your personal auto insurer. Always give the facts simply and clearly in these situations. Don't speculate about fault with the insurance or rideshare company. Call an El Paso, TX Rideshare Accident Lawyer Rideshare collisions involve multiple insurance layers, and at every step, there's the possibility of making a mistake. The insurance companies love to try to shift blame and dodge their responsibilities, and they typically try to devalue or even deny claims if they can. Your lawyer will take over negotiations, sort out who is to blame, and keep your claim moving: all the way to a lawsuit if that becomes necessary.If you've been in a rideshare collision, reach out to the Labinoti Law Firm now for advice and support in El Paso, El Paso West, and in Las Cruces, NM.

Eighteen-wheeler trucks are so large that they often cause big accidents with multiple victims, and it can be difficult to work out liability. It's very important to show what was happening in the truck at the time of the accident and find out if the truck driver was complying with all federal regulations, and the "black box" and logbook data from the truck are key to all this. Talk to an El Paso, TX truck accident attorney right away, as you will need their help to make sure this evidence is preserved. Preserving Data After an 18-Wheeler Crash The "black box" is the Electronic Control Module (ECM) or Event Data Recorder (EDR), which most of these large trucks are now equipped with. The ECM or EDR captures data like the speed of the vehicle, the throttle position, the RPM of the engine, and braking events, which it will save if these happen not long before an impact. The "logbook" refers to the Electronic Logging Device (ELD). In the past, truck drivers kept logs on paper, but these were very easy to manipulate, and since 2017, the Federal Motor Carrier Safety Administration (FMCSA) has required drivers to use electronic devices that are much harder to tamper with, though not impossible. There are a few exceptions, but most 18-wheelers on the road should have an ELD. This records the driver's behavior, the performance of the vehicle, and potential violations such as speeding or exceeding Hours of Service (HOS) limits allowed by federal regulations. All this data is great to have, but it is fragile and it is time-sensitive. It's essential to preserve it, and here's how you can: Contact an El Paso, TX Truck Accident Attorney Immediately Ideally, you should contact an attorney within 24 to 48 hours of the crash. An attorney with special experience in trucking cases will know how to get this evidence before it's lost and will immediately send a spoliation/preservation letter to the trucking company, the insurer, the driver, and any other related party. This letter gives them official legal notice that there's potential litigation in the works and demands the preservation of all important evidence, including not only the ECM or ERD data and the ELD records but also GPS data, dash cam footage, maintenance logs, any driver files, and the actual truck itself. This letter will also warn those involved that destroying the evidence could mean legal sanctions. In many cases, if a trucking company destroys or "loses" this kind of evidence, the judge in the courtroom will instruct the jury to assume that the missing evidence is unfavorable to the trucking company. In some extreme cases, your lawyer may advise seeking a court order immediately to impound the vehicle or one of the data modules to make sure the evidence isn't destroyed. If you've been in a truck accident, don't let this valuable data disappear. Contact the Labinoti Law Firm in El Paso right away at 915-201-0132. We also serve clients in Las Cruces, NM.

In a rear-end collision, the presumption of fault normally lies with the following driver, but there are a few exceptions where the lead driver can be held responsible or fault can be shared. Whichever position your car was in in the accident, an El Paso, TX car accident lawyer can help you find the evidence you need to prove what really happened and who was at fault. All drivers are required to drive safely: if they don't, they can be held liable if there's an accident. Safe driving requires that you keep a safe distance from cars ahead of you and be watching for sudden stops. In a rear-end collision, the determination of liability will often be made res ipsa loquitur, which means "the thing speaks for itself." In other words, the nature of the accident itself already proves the following driver was not driving with enough distance between them and the car ahead of them. To overcome this assumption, you would need to prove an exception under Texas law. If the lead driver was driving recklessly or under the influence, this could make them partially or wholly liable. The lead driver can also be held responsible if it can be shown that they were "brake checking," which is a kind of illegal behavior where someone attempts to "punish" another driver by deliberately slamming on their brakes with no notice and putting everyone in danger. If the lead driver's brake lights were not functioning, this is another reason they could be held liable. Evidence You'll Need Whether you were the lead driver or the following driver, certain evidence will be very helpful to your case. Some of the best evidence is video evidence. If you're in a he-said-she-said sort of situation, a dash cam video or video from a nearby traffic camera may be able to show definitively what really happened. Photos can be helpful here, too, especially if you have a photo that captures skid marks and road conditions. The police report can also be useful, as the police will usually make an initial determination of fault at the scene and record whether they issued a citation to either driver. If a driver in front of you had malfunctioning brake lights, then getting a mechanic's report that shows this will also be very useful. Expert witnesses are important, too. An expert witness, like an accident reconstruction expert, can analyze the points of impact on the vehicles as well as skid marks and other evidence to establish how fast both cars were going, the distance between them, and more. Talk to a Car Accident lawyer Today A car accident lawyer can help you find and use the evidence to show what happened and protect yourself from unfair blame. Talk to us today at the Labinoti Law Firm to set up a free consultation in either of our El Paso locations. We also serve clients in Las Cruces, NM.