Frequently Asked Questions about Personal Injury Attorneys

At Patino Law Firm, we are here to help you through the process of filing an injury claim, getting all the information you need for the claim. If you have any worries about legal terminology, the amount of compensation, or the length of your case, we are here to help you make this a smooth process as possible. 

Personal injury attorneys work on a no-win, no-pay agreement, called a contingency agreement, meaning you’ll only pay them if and when you get paid.

This depends on the strength of the claim and willingness to settle. If a settlement is reached in the early stages, the lawsuit could be over in months. But, if you want total compensation, this will take time.

If you have concerns about how your case will proceed, get in touch with us today, and we can give you a more specific time frame.

You can still pursue if you are less than 50% responsible for the accident. In most cases, accidents resulting in injury are not caused by a single person’s or group’s actions but rather a combination of factors. It is important to note that any compensation awarded will be proportionately reduced by the percentage of fault.

The power to file a legal claim is usually reserved for the injured individual’s select, immediate family members. For example, parents have the right to sue on behalf of their children or children on behalf of their parents — if their parents are medically unfit. These legal powers may be extended to grandparents, grandchildren, and other relatives, depending on circumstances.

 A defendant can offer to settle with a claimant at almost any point after an injury occurs, including after the official filing of a personal injury claim. Depending on the amount of compensation offered, you will need to go over your options carefully.

If you have been offered a settlement after an injury caused by malpractice, product liability, or another accident, we can help you determine your next steps.

An insurance company may request records from anyone injured in an accident who could file a claim for financial compensation. Early access to medical records is usual, allowing the company to form a legal defense against a lawsuit. However, such requests can be denied by the injured claimant.

Negligence is a legal term that applies when a person owes someone else a duty, fails to perform that duty, and causes an injury, thus failing. Negligence can take several forms ranging from car accidents to workplace injuries. 

To pursue compensation for negligence, a claimant will have to prove the defendant had an obligation to keep them safe or reasonably free from harm and failed to do so. This failure will have directly contributed to the plaintiff’s injury. 

If you have sustained an injury due to another person’s careless behavior and are considering legal action, we might be able to find the legal information you need.

The statute of limitations is a legal term referring to the number of times a person or party has to take legal action against someone else. If an accident occurs, the statute of limitations starts from when an individual suffered or became aware of their injury. It is essential to discuss your situation with an attorney as soon as possible to avoid losing the chance to seek compensation. 

After the statute of limitations has passed, it is typically no longer possible for an injury victim to pursue compensation.

Known as the discovery rule, 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 they were injured. 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.

The amount of compensation depends on the case. However, the majority of damages won are linked to the costs involved with the claimant’s injury. 

If a claimant settles directly with the party responsible, that settlement could be less than a successful case that passes through the full court process. 

The sum of the compensation shouldn’t be affected by tax, as personal injury compensation won’t be considered income by the federal government. In rare instances such as punitive damages, tax may occur, but this is a rare instance.

“Informed consent” is the legal term for the ability of a patient to provide their agreement to undergo medical care with a fully informed understanding of the risks, benefits, alternatives, and other such information regarding the procedure.

If a doctor fails to secure a patient’s consent before pursuing treatment, they may be entitled to financial compensation.

You could pursue financial compensation from the government under certain circumstances. However, they could bar cases filed by active-duty military service members and if the injury accorded due to a worker’s negligence. Additionally, lawsuits filed in these cases must first work through the government’s claims process before moving to a court if the claimant isn’t satisfied with the result.

Depending on the defendant’s financial situation, they may pay the total amount at once or using a structured settlement method over a set period.

You could hold all responsible through legal action in a joint liability claim. Pursuing compensation from a jointly liable group could be complex. However, you could pursue the total amount of payment owed from the defendants.

When a person is injured due to the careless behavior of another, the court could assign additional compensation unrelated to your injury case, for lost wages, etc., also known as “punitive damages.” 

In the court’s eyes, this is further punishment for the reckless, wrong behavior of the defendant.

This will depend on the nature of the injury and its ensuing consequences. In most cases, you will receive compensation for medical bills, any income lost when recovering from the damage, and the emotional or psychological trauma experienced from the accident.