McAllen Personal Injury Lawyers

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Dr. Louis Patino has cared for thousands of injured victims throughout his 20 year career as a Doctor of Chiropractic. He now has dedicated his experience in this field into serving the people of McAllen with his Law Practice.

After an accident, you should be able to focus on your recovery while trusting your McAllen personal injury lawyer to give your case the time and attention it deserves. The experienced McAllen personal injury lawyers at the Patino Law Firm has the knowledge as well as the tenacity to effectively handle a variety of personal injury cases, including those involving:

Common Types of Injuries in McAllen, TX

People suffer a wide variety of injuries every day. Some are permanent and disabling. Injuries may include:

  • Cuts, scrapes, abrasions, and bruises;
  • Stretched or torn ligaments;
  • Fractures;
  • Burn injuries, which can result in permanent scarring and disfigurement;
  • Severe cuts and lacerations, which can cause reduced mobility or loss of body parts;
  • Head and brain injuries, such as traumatic brain injuries or skull fractures;
  • Neck and spinal injuries;
  • Abdominal injuries, sometimes resulting in damage to internal organs and internal bleeding;
  • Amputations;
  • Paralysis; and
  • Wrongful death. If the party at fault caused someone’s death, either through negligence or as an intentional act, then the estate of the deceased or the surviving family members may have a “wrongful death” claim against the other party.
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Damages You Can Recover Compensation From

To recover damages in a personal injury claim, the other party must be liable for the injury. Personal injury victims often suffer tragic losses. Their lives may be forever altered. When determining damages, the court considers the nature and extent of the injuries, including whether the individual suffered any long-term or fatal consequences of the injuries.

In Texas, damages generally fall into two categories: economic damages and non-economic damages.

Economic damages are easy to quantify, or put a price on, such as:

  • Medical expenses.
  • Lost wages. This includes lost wages due to medical care.
  • Any property damages resulting from the incident.
  • The cost of hiring someone to do tasks you can’t do because of the injury, such as household chores.
  • Any additional out-of-pocket costs that were a direct result of your injury.

It is harder to put a price tag on noneconomic damages, but they include losses such as:

  • Pain and suffering.
  • Any permanent disfigurement or disability resulting from the injury.
  • Emotional distress, including anxiety and depression.
  • Loss of consortium or other interference with your family relationships.

In some cases, the court may also award exemplary or punitive damages to punish unethical or malicious behavior.Some states place a limit on the total amount of damages that the court can award in personal injury cases. In general, Texas does not have these types of caps, except in cases involving medical malpractice.

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How Our McAllen Personal Injury Attorneys Can Help?

The McAllen Personal Injury Lawsuit Process

Most people have no experience with lawsuits; therefore, injury victims may be nervous about pursuing a personal injury claim. While many lawsuits settle outside of court, some do not. Knowing what to expect can make the process less stressful.

Litigation begins when you and your attorney file a summons and complaint in civil court. These documents are then served on the defendant to give them proper notice of the lawsuit.

To begin preparing for trial, both parties engage in discovery, which allows both parties an opportunity to find out about the other side’s legal claims and defenses. The attorneys exchange documents, ask questions, and take depositions of the parties and witnesses under oath. Your attorney will assemble teams of specialists in accident reconstruction, medical professionals, or other relevant professionals who can help determine what happened, who was at fault, and the extent of your injuries. The attorneys also usually bring preliminary issues, called motions, before the court for pre-trial rulings.

Once the trial begins, both sides present their evidence. If the judge or jury finds the defendant is liable, they will decide how much the defendant must pay in damages to the injured party.

Alternatives to Trial

In some cases, the parties negotiate a settlement even before the injured person files a lawsuit. Only a small percentage of personal injury cases actually go to trial. Nationwide, attorneys settle 95 percent of the lawsuits they file. The courts encourage alternative means of dispute resolution, such as mediation, arbitration, or settlement conferences, to resolve the case. If the parties agree on a settlement out of court, a judge or jury does not reach a verdict.

How to Prepare for a McAllen Personal Injury Lawsuit

Following an injury, the first thing you should do is to obtain medical care. You may refuse care or wave away medical responders after an accident because you’re flustered or embarrassed. You may think you are not seriously injured or that you can always see a doctor later if something “gets worse.” The problem with that is that many injuries are not immediately apparent.

Many people avoid getting medical treatment because they don’t have health insurance. However, failing to see a doctor after an accident can be detrimental to your health and your chances of getting compensation. Delaying treatment doesn’t mean you cannot recover damages, but it may allow the opposing side to argue that the accident did not cause your injuries.

In addition, people sometimes delay seeking legal advice. Often insurance representatives try to arrange a quick settlement or get you to sign away your rights. This may be tempting at first because you probably just want the whole matter to go away. However, it would be a mistake to let anyone pressure or intimidate you into accepting a low settlement or making any decisions without consulting a qualified lawyer.

Immediately after an accident, you may be distressed or in pain. However, it is important to begin gathering and preserving evidence as soon as possible.

Evidence may be difficult to locate as time goes on. If possible, try to:

  1. Make a list of all medical professionals and facilities who have treated you and get copies of your medical records. These will be very important in proving your case and calculating compensation.
  2. Take pictures of your injuries, any objects or vehicles involved, and the accident scene, including signs.
  3. Keep detailed records and receipts for all financial losses resulting from your accident.
  4. Keep a journal. It can be very revealing to look back and see how your life has changed since your injury. You may have adjusted to your new circumstances and did not realize that the injury has affected your relationships or that you can no longer participate in your previous hobbies.

The Benefits of Seeking Legal Help After Your Accident

While you focus on your treatment and recovery, your attorney is focused on protecting your legal rights. This may sound simple, but your attorney must identify and anticipate legal issues. By doing so, they can effectively oppose any possible barriers to your recovery. There are a great many tasks involved in preparing for settlement and/or trial.

To protect you from a flood of requests and demands from the opposing party, your attorney will notify all opposing parties and that all future contacts or communication must come through the attorney’s office. This relieves a great deal of stress for you. It also allows a personal injury attorney to keep track of communications and insurance claims, injury prognosis, medical treatment and bills, and other information critical to your case.

Part of preparing for settlement and trial is doing an investigation of the case and performing discovery. Investigating the case may involve hiring expert witnesses. Serious and catastrophic injuries can have a profound effect on your life going forward. They usually involve complex diagnosis, treatment, and prognosis. Your attorney has the resources to locate and hire qualified medical experts to analyze your medical condition and assess future treatments and impairments.

If you have been injured in a car accident, your lawyer will typically request a copy of your auto policy or other relevant policies from your insurance companies so that they can review all available coverage.

Your lawyer will also need additional documents to support your case. Your legal team will obtain medical records and request narrative medical reports from your treating physicians. These describe the nature of your injuries, as well as treatment and prognosis. These reports can help establish whether you can return to your previous work or if you will have permanent impairments.

To evaluate your damages, your attorney also needs confirmation from your employer of any income lost because of your injuries. If your case involves a potential for substantial future medical treatment and wage losses, your attorney may hire an economist to project these costs.

Along with gathering information and evidence on your case, your lawyer reviews applicable statutes, case law, common law, and relevant legal precedent. This information helps establish a legal basis for holding the responsible party liable.

It is generally helpful to work with a local attorney for several reasons. Someone with a local law practice has specific knowledge of local, state, and federal laws. They are familiar with the local courts and their particular procedural rules, and they also know many other members of the local legal community.

Have You Suffered a Personal Injury in McAllen?

Personal injury cases are complex, and involve many rules and deadlines. The statute of limitations is the time limit that a person has to file a legal action. For most personal injury claims in Texas, the statute of limitations is two years. However, there are exceptions to this rule, so you should consult an attorney to advise you on the appropriate time limits.

If you were injured by someone else, you need to speak with a dedicated, experienced McAllen personal injury lawyer as soon as possible. To schedule a consultation, please call the Patino Law Firm at (956) 255-0023 or contact us online.

Frequently Asked Questions

Can I still pursue compensation if I was partly at fault for my injury?
Can I still sue if I just learned about my injury?
Can I sue on someone else’s behalf?
Can I sue the government if a government agency’s negligence injures me?
Do I really need an attorney?
How is compensation paid to successful claimants?
How long will my case take?
How much compensation will I receive?
If an insurance company requests my medical records, should I provide them?
If several people or groups are responsible for my injuries, who should I sue for compensation?
Is misdiagnosis considered medical malpractice in all cases?
I’ve been offered a settlement. Should I accept it?
What are punitive damages?
What counts as “negligence?”
What is informed consent?
What is medical malpractice?
What is the statute of limitations?
What types of compensation am I eligible to receive?
Who is liable for my injuries?
Will my compensation be taxed?
Patino Law Firm Free Consultation McAllen Principal Office 1802 N 10th St McAllen, TX 78501 956-631-3535 Available 24/7 Veteran law Firm Serving Veterans and their Families

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