Your Legal Rights After a Personal Injury or Auto Accident
With more than a decade of experience fighting on behalf of injured victims and/or their loved ones due to auto accidents, trucking accidents, personal injury, or wrongful death, Trevino & Loredo Injury Law understands that accident victims deal with more than just pain and suffering. Victims deal with stress, anxiety, and frustration.
We understand what you are going through… so let us help.
If this is your first time seeking legal council because of an injury, we also know you have many questions and concerns. Accidents not only affect the actual victims but carry over and can be very disruptive and cause extreme hardship to an entire family.
To help relieve some of your initial uncertainty, Trevino & Loredo Injury Law compiled a list of our most frequently asked questions by our clients regarding legal rights after an auto accident or personal injury.
Q1: What are my rights after an accident?
After an accident due to another’s negligence you have the right to be compensated for property damage, loss of use, physical pain, mental anguish, physical disfigurement, physical impairment, medical expenses, loss of earning capacity, loss of consortium, and loss of services. You have the right to access a Court to resolve your dispute.
Q2: Will I be compensated for my pain and suffering?
Yes, pain and suffering is a type of damage that can be compensated in a personal injury case. The amount of compensation is directly related to severity of the injury. A claimant can recover damages for past and future pain and suffering.
Q3: How long do claims last before they’re resloved?
If a claim is resolved prior to litigation, then it generally will settle 3 to 6 months after the claimant finishes medical treatment. Cases that go into litigation can take several years, but the average is generally about two years.
Q4: If I don’t have health insurance or a primary care physician, how and where can I get treatment for my injuries?
It is against the law for a Hospital’s Emergency Room to refuse to give emergency treatment. Medical treatment may also be obtained by way of a Letter of Protection (LOP) from an attorney. A letter of protection tells a provider that you have a claim pending and the attorney will pay the medical bills out of the proceeds of that claim. (*Note: Not all health care providers accept letters of protection.)
Q5: Who will pay for the medical treatment I received as a result of an accident?
After an accident due to another’s negligence, you have the right to be compensated for past and future medical expenses that arise as a result of the accident.
Q6: How much money will a personal injury lawyer cost me?
Most personal injury and death cases are taken on a contingency fees basis. This means the client pays the attorney nothing out of his/her pocket up front and the attorney receives a percentage of the proceeds collected. If nothing is collected the attorney is paid nothing.
Q7: Who will pay to fix the damages to my vehicle?
After an accident due to another’s negligence you have the right to be compensated for the damages to your vehicle. The insurance carrier for party who caused the accident should pay to fix the vehicle damage. If the vehicle is total loss, then the fair market value will be paid.
Q8: If I file a claim, will my insurance rates go up?
The short answer is maybe. Insurance carriers have different policies. Generally, one claim will not affect your rate if you are not at fault. However, if it is the 3rd claim in less than one month your rate may increase even if it was not your fault.
Q9: What if I’m unable to work due to my injuries?
After an accident due to another’s negligence you have the right to be compensated for lost income, even if you are paid by your employer under paid vacation or personal time off.
Q10: Do I have a case?
If you or a loved one has been injured or killed due to a negligent, reckless or dangerous act of another then you may have the right to compensation for your loss. Every fact scenario is different and requires legal analysis which is why you should contact an experienced attorney.
Contact the personal injury lawyers of Trevino & Loredo Injury Law today to speak to an experienced attorney about your case.