Frequently Asked Questions
Here are some of the more common questions we are asked. These answers are intended to give you a general understanding of the principals involved. Remember there are exceptions to every rule. You should never make a decision which may affect your legal rights without speaking to an attorney first. The attorneys at Miller, Montiel & Strano, P.C., would be happy to answer your questions. All consultations are free and we can most likely answer your questions with a simple phone call.
Question: I've been injured and I think that someone else is responsible. Do I have a case?
Answer: Many factors must be taken into consideration before the decision to commence a lawsuit is made. How the accident happened, the degree of injury, and the law as it applies to your situation are all factors that must be analyzed before a reasoned decision can be made to pursue your action. At Miller, Montiel & Strano, P.C., the attorneys will give you their opinion as to whether you have a case and your chance of making a recovery. We will tell you what steps will need to be taken if you decide to pursue your action and what you can expect in terms of the litigation process so you can make an informed decision as whether or not to pursue your action. Call us for a free consultation.
Question: I thought my physical condition would improve so I didn't contact an attorney. My condition still hasn't improved though and much time has passed since my accident. Do I still have time to bring my case?
Answer: Every case has a time limitation that the law requires you to bring your case within. Generally this time period is called the "Statute of Limitations". If the case is not started within the time frame of the Staute of Limitations you may be barred from bringing a case. The Statute of Limitations that controls any particular case is dependant on the nature of the action brought. The Statute of Limitations in your action might also be effected by your age or mental status. In addition, who the responsible party is may play a great role in determining the Statute of Limitations in your action. For example, if your case is going to be brought against a municipality or other government entity, you might have to file a Notice of Claim before you file your action. Some Notice of Claim time limitations are very short, as little as ninety days from the date of accident. Failure to file the Notice of Claim in time might bar your claim completely. Only after a careful review of the facts can an attorney make a determination of how much time is left to bring your case. If you retain the law offices of Miller, Montiel & Strano, P.C., you can be assured that your case is timely filed against all of the proper parties so that your rights will be protected.
Question: Who will pay for my medical treatment and lost wages while I am out of work?
Answer: That depends on what type of accident you were involved in. For example, if you were injured in a motor vehicle accident, your medical bils and a portion of your lost wages should be covered by No-Fault insurance. If your accident happened at work, you might have to submit your bills to your job's Workers Compensation carrier. Many different types of forms are required to be filed depending on the situation. Often these forms must be filed in a very short time period or the insurance company may deny your claim. Since this firm deals with all types of accident cases we know what type of insurance, if any, should be covering your medical bills and lost wages and we will assist you in the preparation of the insurance claims you will need to file to get your bills paid. If there is no insurance, we will seek to have the responsible party's insurance company pay the bills by incuding those bills as damages in your case.
Question: Is your firm experienced in handling accident cases?
Answer: Miller, Montiel & Strano, P.C., is a firm whose practice is almost exclusively dedicated to the prosecution of cases involving seriously injured individuals. The firm is recognized in the legal community as hardworking, honest, and effective. We of course have an extensive caseload of motor vehicle accident cases, trip and fall actions and medical malpractice cases, however, we also have experience in prosecuting the less commonplace actions such as explosion cases, labor law actions, lack of security cases, animal attacks, and other types of actions. Since the firm handles all types of personal injury cases we have probably dealt with a situation similar to yours and can put our experience to work for you. Don't hesitate to call our office to ask for a consultation at any time.