McAllen Personal Injury Lawyers

Q: Can I still pursue compensation if I was partly at fault for my injury?

Yes. In most cases, accidents that result in injury are not caused by a single person’s or group’s actions, but are rather the result of a combination of factors leading to the accident. In fact, injury victims are sometimes partly at fault for their accidents. However, unless the injury victim was more than 50% responsible for the cause of the accident, he or she is still entitled to pursue compensation from the others at fault. It is important to note, though, that any compensation awarded to the plaintiff will be proportionately reduced by his or her percentage of fault. If you would like to learn more about whether you may be eligible for compensation following your accident, contact the lawyer of Patino Law Firm today.

Q: Can I still sue if I just learned about my injury?

The statute of limitations, a time limit placed on claimants for filing personal injury lawsuits, doesn’t typically begin until a person has reasonably realized that they were injured. Known as the discovery rule, this rule allows people who have injuries that aren’t immediately apparent to still fight for fair compensation. For example, someone who developed neck pain months, if not years, after a car accident may still be entitled to sue from the date they first noticed the injury, not when it actually occurred. If you have questions about your legal options after being injured in McAllen by someone else’s actions, our attorneys at Patino Law Firm, can help you find the information you’re looking for. To learn more about what to expect if you file an injury claim and how we can help, call us today.

Q: Can I sue on someone else’s behalf?

The power to file a legal claim is usually reserved for select members of an injured individual’s immediate family. For example, in cases where a child is injured, parents have the right to sue on behalf of their children. Similarly, children, once past the age of majority, have the right to sue on behalf of their parents if their parents are incapacitated. Depending on circumstances, these legal powers may be extended to grandparents, grandchildren, and other relatives accordingly. If you’re considering taking legal action after someone you love has been injured, but have questions about how to proceed, our legal team at Patino Law Firm can help you find the information you are looking for. To learn more about your rights in McAllen as the relative or care provider of someone who’s been injured, contact us today by calling today.

Q: Can I sue the government if a government agency’s negligence injures me?

A person injured because of the government’s negligence is usually granted the right to pursue financial compensation through the legal system. However, the government may bar cases filed by active duty military service members and may not allow cases in which the injury was caused because of a worker’s negligence outside of the scope of their governmental duties. Additionally, lawsuits filed in these cases must work through the government’s claims process first, before moving to a court if the claimant isn’t satisfied with the result. If a government worker’s negligent actions have led to your injuries, our legal team at Patino Law Firm, may be to help you file a claim for financial compensation. For a free consultation about your options in moving forward with a claim in McAllen, contact us today.

Q: Do I really need an attorney?

Although claimants pursuing a personal injury claim aren’t legally obligated to hire an attorney to argue their case, it may be in their best interests to do so. To argue a successful case and obtain compensation, a claimant may need a close understanding of the law, evidence, expert testimony, and adequate resources to stay on top of necessary deadlines and claim-related requirements. A law firm can handle all of these concerns and provide a claimant with clear-cut advice about concerns associated with their case. If you’re thinking about filing an injury claim in McAllen against the people or person responsible for causing you harm, our lawyer at Patino Law Firm, may be able to help you through this process. For a no-cost, no-obligation consultation, call today.

Q: How is compensation paid to successful claimants?

Although many claimants have financial concerns that need to be met quickly, compensation may be provided according to the defendant’s abilities and choices. The defendant may either pay through the more uncommon lump sum method, in which the full amount is paid at once, or the much more common structured settlement method. Structured payments are provided over a set period of time, in which the defendant is responsible for paying an installment to the claimant in regular intervals. If you’ve been injured and have been left with a significant financial burden as a result, you may have questions about what to expect when filing a personal injury claim in McAllen. Our legal team at Patino Law Firm, can help you find the information you’re looking for and help you understand your legal options for filing a claim when you call today.

Q: How long will my case take?

There is no definite answer to a question about how long a personal injury lawsuit may take to resolve. Ultimately, it depends on the strength of the claim and the claimant’s willingness to settle with their defendant. If a claimant settles in the early stages, a lawsuit may be over in a matter of months. However, if a claimant wants to work through the courts and fight for full compensation for all of their injury-related expenses, this process may take more time to reach completion. If you’re concerned about how your case may proceed if you decide to file an injury claim in McAllen against the party responsible for your injuries, the legal team at Patino Law Firm, can provide the answers to your questions and help you understand your options. To learn more about how our firm may be able to work for you in your personal injury lawsuit, get in touch by calling today.

Q: How much compensation will I receive?

The amount of compensation a successful personal injury case will obtain for a victim depends entirely on the specific details of the case itself. For instance, the majority of damages won from a case are linked to the medical costs involved with that claimant’s injury. Additionally, if a claimant settles with the party responsible for their injuries, that settlement may provide less compensation when compared to successful cases taken through the full court process. Any claimant concerned about compensation may want to discuss these issues with an attorney. If you have questions or concerns about how your case may proceed, an attorney from Patino Law Firm, can provide the answers and information you’re looking for. After being injured in McAllen by another party’s negligence, call today to learn more about your legal options.

Q: If an insurance company requests my medical records, should I provide them?

An insurance company may request medical records from anyone injured in an accident who could file a claim for financial compensation. This request can be denied by an injured claimant. Usually, these requests are made so that insurance companies can get early access to information they may need to form a legal defense against a lawsuit. If an insurer makes this request, a claimant may want to discuss their options with a legal advisor. If you’ve been injured because of someone else’s negligence in McAllen and have concerns about your legal options, a lawyer from Patino Law Firm, may be able to work with you through the process of filing a claim. For more information about your rights and options after an injury, get in touch today.

Q: If several people or groups are responsible for my injuries, who should I sue for compensation?

A claimant injured because of the actions of multiple parties may actually be able to hold all of them responsible through legal action in a joint liability claim. The defendants may be sued in one claim in these joint cases. While this can make a claim more complex, due to the nature of pursuing compensation from a jointly liable group of defendants, it can also allow a claimant to pursue the full the amount of compensation they may be owed from defendants responsible for that injury. If your injuries were caused by several people or groups, you should discuss your legal options and the complexities of filing such a claim with a lawyer from Patino Law Firm. We strive to help those injured in McAllen by the negligence of others to get the compensation they need, even when multiple parties caused their injuries.

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Personal Injury Practice Areas

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 to serve 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:

Bicycle Accident Injuries

Can You Afford a McAllen Personal Injury Attorney?

Yes—you can afford one from Patino Injury and Accident Attorneys.

The costs from recovering from an injury could be substantial, and you don’t want to add any other expenses to your plate. Because of this, our experienced lawyers here at Patino Injury and Accident Attorneys work with clients on what’s known as a contingency fee agreement.

With a contingency fee agreement, we only receive fees when we win your personal injury claim. You won’t have to pay us anything upfront for our services because payment is contingent on us winning your claim. We’ll only get a percentage of your compensation, which means that if you don’t recover anything, we don’t get paid.

So, yes, you can definitely afford a McAllen personal injury attorney. We will evaluate your case for free to figure out if you have a valid claim, and you are not obligated to work with us after this initial consultation. Remember, we only get paid when and if you do.

Practice Areas

Dealing With Insurance Companies

After an accident, victims must typically deal with insurance companies that appoint insurance adjusters to talk to the injured parties and obtain the details and facts surrounding the accident. They do this to figure out how much compensation will avoid litigation. But keep in mind that these adjusters work for the other party, so they often try to take advantage of claimants or even resort to unfair practices to make certain that the insurance company won’t spend more than they have to.

Also, in most instances, there’s only so much money that the insurance provider can give based on the other party’s policy. Essentially, this means that the adjuster may only push for the policy’s maximum amount, without regard to the actual compensation amount entitled to the injured party. Some providers will even twist the facts and offer a quick settlement to get the injured party to agree on a lower compensation amount. Others may deny the claim altogether and make the injured party think that the claim isn’t valid.

This is why it’s critical to know what you should watch out for when dealing with insurance companies and how you should move forward to make sure that you receive the most appropriate amount for your claim. And the best way to ensure this is to work with a personal injury attorney who will advocate for you and knows how to deal with insurance companies.

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.

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Personal Injury Lawyers Serving McAllen, Texas

Common Types of Injuries in McAllen

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

Cuts, scrapes, abrasions, and bruises – Plenty of different accidents can cause cuts, abrasions, scrapes, and bruises. Depending on the accident’s circumstances, bruises and cuts could cause mild to serious side effects, from shallow and painful wounds to deep lacerations that can penetrate the internal organs or lead to severe blood loss.

Stretched or torn ligaments – When your ligaments, the dense fibrous tissue bands that connect bones in the joint, get stretched or torn, it results in a sprain. Resting, icing, compressing, and elevating the sprained body part can alleviate mild sprains. On the other hand, severe sprains may need surgical intervention to properly repair the torn ligaments.

Fractures – Treat fractures, commonly known as broken bones, right away to ensure safe and proper healing. Simple fractures need treatment to align the bone so it can heal properly. More complicated fractures, however, will need surgery for realigning the fractured bone and implanting screws, nails, plates, or wires to ensure proper alignment during the recovery process.

Burn Injuries – Burn injuries could be less or more severe according to which body part has been affected and what caused the burn. Widespread or deep burns require emergency treatment and will require follow-up care for months. Complications can also include bacterial infections, fluid loss, hypothermia, respiratory problems, and permanent disfigurement, scarring, or disability.

Severe cuts and lacerations – Scarring from severe cuts and lacerations, if it develops on the hand, face, or any body part where the skin is constantly moving, could be functional and psychologically devastating. These severe wounds will need treatment for ligament or nerve damage, blood transfusions, or skin grafting for proper healing. In extremely severe cases, amputation may be the only way to prevent complications.

Head and brain injuries – According to the Centers for Disease Control and Prevention (CDC), approximately 13.5 million people in the U.S. developed some kind of disability due to brain injuries. All brain injuries will differ from one case to another, but they all stem from damage to the brain tissue, which often happens during an accident. Recovering from a brain injury often requires significant treatment and therapy, lots of money, and time. Even then, victims can have lasting effects and impairments.

Neck and spinal injuries – The most common neck injury is whiplash, and it usually occurs in auto accidents when the head gets violently whipped from side to side or forward to back. This condition needs prompt and proper medical treatment to control pain and restore the range of motion. If the spine sustains damage, it can fail to send messages to your brain and lead to temporary or permanent paralysis, depending on the seriousness of the injury. You should also be vigilant about secondary issues such as muscle atrophy, circulation problems, respiratory distress, or sexual dysfunction.

Abdominal injuries – Blunt abdominal trauma is a top cause of death among various age groups because it can lead to internal bleeding and damage to the internal organs. Identifying the extent of an abdominal injury can sometimes be difficult, and certain symptoms may not appear during the initial evaluation and treatment period. This is why regular follow-up care and examinations are very important following an abdominal injury.

Amputations – Amputation is the loss of any body part, usually a toe, finger, leg, or arm that occurs due to an injury or accident. Complications are common with amputations, and these often include infection, shock, and bleeding. Amputees will require proper and prompt emergency treatment, critical care management, body retraining, and a functional and well-fitting prosthetic device.

Paralysis – Paralysis injuries usually happen due to medical malpractice, hazardous working environments, falls, road accidents, or similar incidents. When you suffer paralysis, you lose movement and/or feeling in one or more areas of the body. Paralysis can also impact crucial bodily functions, including breathing, blood flow, and normal function of the glands, organs, and other tissues. Paralysis changes the life of the affected individuals and those around them.

Wrongful death – Many different scenarios can lead to someone being responsible for another individual’s death. In wrongful death cases, the liable party could have acted intentionally, such as in felony murder cases, careless or negligently, such as in botched surgical procedures, or recklessly, such as in auto accidents.

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.

Lost wages – Lost wages refer to all wages you lost or didn’t earn because of your injuries and the accident. This also includes lost earning capacity. Lost earning capacity is compensation for wages that you could’ve earned in the future or from missed work opportunities due to your injury.

Property damage – You should seek compensation for expenses related to damage of property due to an accident. These can include costs for repairing or replacing your car, for instance. Likewise, you may receive reimbursement for irreplaceable property, like family heirlooms, for instance, if they sustained damage or got destroyed during the accident that led to your injury.

Household maintenance – This can include costs associated with home maintenance and/or repairs. For example, costs for hiring outside help to attend to household chores or urgent repairs that you would’ve otherwise done on your own if you weren’t injured.

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

Pain and suffering – This is compensation for long-term physical pain caused by your injuries and/or treatments for your injuries, as well as emotional distress and mental anguish ranging from insomnia to depression to PTSD, among other mental health issues that you developed due to your injuries.

Disfigurement – Disfigurement typically results from catastrophic injuries from auto accidents, fires, workplace accidents, or failed surgeries. Very obvious scarring could lead not only to embarrassment but also to mobility issues. Other complications include psychological distress and nerve function issues.

Permanent Disability – The most common injuries that can cause permanent disability are traumatic brain injuries, spinal cord injuries, burn injuries, and amputations. Such disabilities could be minor, such as losing a finger, or severe, such as becoming paralyzed. Regardless of a permanent disability’s severity, however, substantial life changes are often needed to make it easier for victims to accommodate the disability. Compensation for permanent disability damages must reflect lifelong requirements, both for continuing medical care and loss of income.

Loss of consortium – These damages are for a family member or spouse of an individual who suffered injuries due to another individual’s intentional or negligent actions. The main idea behind this type of damage is that because of the defendant’s actions, the individual who suffered injuries can’t continue providing family members or a spouse with the same level of love, companionship, affection, comfort, or sexual relations that the victim provided before the injury or death.

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, doctors, 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.

What to Do After a Personal Injury

Even if it seems like a relatively minor slip and fall or fender-bender auto accident, an accident of any kind could sometimes be unsettling or even traumatic. Besides seeking prompt medical treatment for any injuries, you must take some vital steps after your accident. Acting strategically and as soon as possible can obtain the assistance you may need to treat your injuries and/or address any property damage.

Report the Accident

Regardless of may be at fault for the accident, you’ll still need to inform your insurance company and/or the other party’s insurance provider about the accident. Failing to do so might hurt your ability to file an insurance claim later on. Also, you may have to inform law enforcement officials about the accident, particularly if there are injured individuals or there was a significant amount of property damage. If there’s a police report, make sure to get a copy, as this can contain vital information that can verify your claim later on.

Collect Relevant Evidence

If you’re physically able, take photos or videos of the accident scene because you can use these as evidence to make your claim more solid. You must also obtain the contact details of potential witnesses to the incident. For example, in auto accidents, you should get the contact details of people in other vehicles or pedestrians. These people can help verify your description of the things leading up to and during the accident. They may even have photos or videos of the accident as well.

Identify Potential Defendants

You might file a claim against various parties following certain accidents, like auto accidents, workplace accidents, and medical malpractice injuries, so you shouldn’t assume that only one individual was at fault for the accident. By including all parties that could potentially be liable for your injuries, you raise your chances of getting a compensation amount that’s most suitable for the damages you sustained.

Aside from drivers in truck accidents, for example, defendants may also include the distributor or manufacturer of a defective auto part and the driver’s employer if the reckless driver was on the clock at the time of the accident. In more complex incidents, you may even hold the entity that maintained or designed the surroundings or the road responsible for the accident.

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 experts to analyze your 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 doctor’s 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 treatment costs 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.

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, treatments and bills, and other information critical to your case.

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.

Work With an Experienced Personal Injury Attorney

If you have significant injuries, or if you think that the other party might contest your claim, get an experienced personal injury on your side.

Personal injury attorneys work on a no-win, no-pay agreement, also called a contingency agreement, meaning that you’ll only pay them if and when you get paid. Make sure to work with a McAllen personal injury lawyer who has experience in your specific claim.

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?

I’ve been offered a settlement. Should I accept it?

What are punitive damages?

What counts as “negligence?”

What is informed consent?

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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