Practice Areas and Legal Definitions

Automobile Accidents:
A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Other Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence.  Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim.  A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed. 

Vehicle accidents can include:

• Aviation accidents
• Bicycle accidents
• Boating accidents
• Bus accidents
• Cruise ship accidents
• Motorcycle accidents
• Pedestrian accidents
• Semi-tractor trailer accidents
• SUV rollover accidents
• Train accidents
• Truck accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Boating Accidents:
Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft involved in boating accidents, although sailboats can be involved in accidents as well.  The most frequent sources of injuries are caused from propeller accidents and collisions.  Because personal watercraft such as jet skis cannot be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency.  Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning.  Legal claims that arise from boating collisions are typically governed by the law of negligence.  Any individual who negligently operates a watercraft may be required to pay damages to an injured victim.  A maritime case involving a boating accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed.  The surviving family members of a fatally injured boating accident victim may be able to recover damages in a maritime wrongful death action against the defendant.

Cruise Ship Accidents:
Cruise ship accidents can include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries.  Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers.  When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence.  Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages.  The cruise ship industry restricts when and where a personal injury claim can be filed.  For example, many tickets make a stipulation that an injured passenger must file a claim within one year of the cruise ship accident, and that claims must be made in a certain state.

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road.  The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Truck Accidents:
Truck accidents are usually much more complex than car accidents, and as roadways are becoming more and more crowded, truck accidents are occurring more frequently and involving a multitude of drivers. Truck accidents can occur due to reckless driving, mechanical failures, oversized/overloaded trucks, inexperience of the truck driver, driving in bad weather, and truck driver fatigue, and can result in truck/vehicle rollover, jack-knife, or head-on and rear-end collisions. Laws and regulations are specifically designed to protect motorists from the negligence of the truck companies and/or truck drivers. A person who is injured in a truck accident, or has lost a loved one due to wrongful death caused by a truck accident, can sue the persons or party at fault.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged.  Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function.  Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich’s Ataxia.  The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.   

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head.  Essentially, the human brain floats in a fluid substance called cerebrospinal fluid.  TBI can result when the force of momentum causes the brain to impact against the skull.  This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a “closed head injury.”  Whiplash can also cause TBI.  These closed head injuries can result in lasting physical and mental problems.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries.  Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury.  Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.  Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents.  In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.  Therefore, investigation of the claim is essential to a successful case.  Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Construction/ On-the-Job Accidents:
Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths.  Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment.  Farming and manufacturing accidents, as well as the oil and gas industry accidents can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly.  Some toxic substances are shown to cause substantial injury to people, such as lead-based paint (linked to brain damage, especially in children), asbestos (linked to lung cancer and restrictive lung disease), dry cleaning and other solvents (linked to brain damage and major organ damage), pesticides such as dioxin and DDT (linked to birth injuries) and toxic landfill waste (linked to leukemia).

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification."  This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner.  If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.  Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability.  Damages can be recovered under one of the following categories:  strict products liability; negligence or breach of warranty.   

Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.  Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services; dental services; crutches; hearing aids; chiropractic treatment; physical therapy; nursing care and prescribed medications.  Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness.  The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury. 

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death.  In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his or her spouse, children and/or parents had he or she survived.  It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost.  Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support. 

If you or someone you know needs the assistance of an experienced San Antonio Personal Injury lawyer, call Isabel de la Riva today at 866-435-4053, or complete the contact form provided on this site to schedule a free consultation.

If you or someone you know needs the assistance of an experienced San Antonio Personal Injury attorney, call Isabel de la Riva today at 866-435-4053, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
de la Riva & Associates
13407 N.W. Military Hwy
San Antonio, TX 78231
Phone: 866-435-4053
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Attorney Isabel de la Riva

Isabel de la Riva has been practicing law for almost a decade and is the managing partner of de la Riva & Associates, PLLC. She received her Juris Doctorate from St. Mary’s Law School in San Antonio, Texas where she graduated Magna Cum Laude with honors, after graduating from the University of Houston with a Bachelor of Arts in Psychology and English.

During law school, Ms. de la Riva received several awards for her advocacy skills including being a finalist in the American Trial Lawyers Association Mock Trial and the Novice Mock Trial. She was also the co-founder and editor of a new law review, The Scholar: St. Mary's Law Review on Minority Issues, and was listed on the Dean’s List every semester attended.

Isabel de la Riva is admitted to practice in all Texas state courts, the Western District of Texas U.S. District Court, and the Southern District of Texas U.S. District Court. She is a member of the American Bar Association, the Texas Trial Lawyer’s Association, the Bexar County Women’s Bar Association, the Texas Young Lawyer’s Association, and the San Antonio Bar Association. She has also been an Adjunct and Visiting Professor at both the University of Texas - San Antonio and the University of the Incarnate Word in the areas of civil rights and women and the law.

Attorney de la Riva has dedicated her practice to serve the needs of the community, and takes pride in representing people who need her help.