Top 10 Questions to Understand Your Legal Rights
Welcome to Trevino Injury Law… After handling thousands of personal injury and wrongful death cases, Trevino Injury Law understands that accident victims deal with more than just pain and suffering — they deal with stress, anxiety, and frustration.
Because we understand you, we want to 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 effect 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 Injury Law compiled a list of our most frequently asked questions by our clients regarding legal rights after an accident.
or submit question into the “Do I Have a Case” form to the right.➤➤➤
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 can a claim last?
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 average is generally about two years.
Q4: If I do not 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. Not all health care providers accept letters of protection.
Q5: Who will pay for 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 an attorney 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 it affect my insurance rates?
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 cannot 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.
Call the personal injury attorneys of Trevino Injury Law today to schedule your FREE case evaluation with an experienced attorney.
“Accidents are complicated, recovery doesn’t have to be.”