Frequently Asked Questions
What types of compensation can I receive in a personal injury case?
If your medical malpractice claim is successful, you may recover compensation for:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Disfigurement
- Physical impairment
- Loss of consortium (the impact on your relationship with your spouse).
It’s important to note that Texas caps non-economic damages (pain and suffering, etc.) in medical malpractice cases at $250,000 per defendant, with a maximum of $750,000 total. There is no cap on economic damages like medical expenses and lost wages.
Our medical malpractice attorney in McAllen will fight to ensure you receive the maximum compensation available under Texas law for the harm you’ve suffered.
How long do I have to file a medical malpractice claim in Texas?
In Texas, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or from when the injury was discovered or should have been discovered. The discovery exception often applies in medical malpractice cases. A patient can have surgery and not experience any symptoms for many years, only to suddenly become very ill and discover that malpractice was the cause.
However, Texas imposes an absolute deadline of 10 years from when the malpractice occurred, regardless of when it was discovered (known as the statute of repose). This means you can still claim in 2025 for malpractice that occurred back in 2016, even if you did not discover it until very recently.
These deadlines are strict, and missing them typically means losing your right to compensation. That’s why it’s crucial to consult with a medical malpractice attorney as soon as you suspect a problem with your care.
Contact Our McAllen Medical Malpractice Attorneys Today
When you’ve been harmed by someone you trusted with your health, you deserve the very best legal representation to recover the compensation you’re rightfully owed.
Our experienced medical malpractice lawyer in McAllen will fight for the justice and compensation you deserve, allowing you to focus on your recovery and rebuilding your life.
Don’t wait until it’s too late to take action. Texas law limits the time you have to file a medical malpractice claim, so it’s important to consult with an attorney as soon as possible.
Contact Patino Law Firm today at 855-LAW-NINJA for a free, confidential consultation about your case. You can also visit our McAllen office at 1802 N 10th St, McAllen, TX 78501, or submit a contact form on our website. We’re available 24/7, and you don’t pay fees until we win your case.
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