When a person is injured because of someone else’s carelessness or mistakes, they can file a personal injury claim. These claims offer the victim a way to receive compensation for the suffering they’ve encountered because of the injury. In a personal injury case, payment is sought for medical bills, pain, suffering, time lost at work or other damages.

1. UNDERSTANDING
PERSONAL INJURY
A brief look at the basics of personal injury cases

2. Why People File Personal Injury Claims
When a person is injured because of someone
else’s carelessness or mistakes, they can file a
personal injury claim. These claims offer the victim
a way to receive compensation for the suffering
they’ve encountered because of the injury. In a
personal injury case, payment is sought for medical
bills, pain, suffering, time lost at work or other
damages.

3. Injuries are More Common Than You Think
◦ Over 30 million people are treated in emergency departments for unintentional, or “accidental,”
injuries every year in the United States.
◦ Around 35,000 people die annually in vehicle crashes.
◦ Over 30,000 people are killed because of falls.
◦ In 2015 alone, there were nearly 3 million nonfatal workplace injuries and illnesses in the U.S.
private sector.
As you can see, people suffer serious injuries every day. While not every injury can result in a claim,
injuries that are due to another person’s negligence can result in legal action. Let’s define some of
the most commonly used terms in these cases...

4. Common Terms Used in Personal Injury
Cases…
◦ Plaintiff - The injured person who files a
personal injury lawsuit.
◦ Defendant - The person or group who is
allegedly at fault.
◦ Negligence - The failure to take reasonable
care. For example, a distracted driver or an
employer who fails to provide a safe workplace.
◦ Damages - The harm suffered by the victim in a
personal injury case. Damages can include pain,
suffering, medical bills, loss of time at work or
other harm caused because of an injury.

5. The Difference Between Personal Injury
and Criminal Charges
When someone intentionally harms another person, the perpetrator might be arrested and
charged with a crime by the authorities. In personal injury cases, however, the negligent
party may not have intended to harm the victim, but they can still be held financially
responsible for the damages they have caused. These “civil” cases are filed by the injured
party. It is also possible to file personal injury claims if the at-fault party acted intentionally.

6. Other Claims Related to Personal Injury
Personal injuries come in many different forms. Depending on the severity of the injury or the setting in which
it occurred, a claim might be called something else, even though many of the principles are the same.
Examples include:
◦ Workplace Injuries (Workers’ Compensation) – These cases include on-the-job injuries suffered by
employees. While most workers are entitled to benefits after an injury, it is not uncommon for employers or
insurers to offer less than what is needed by the injured worker.
◦ Product Liability - Product liability means that a product causes injury, illness or death to a consumer. It
can include defective toys, defective equipment or defective automobile parts.
◦ Medical Malpractice - Medical malpractice occurs when a doctor fails to take reasonable care in the
treatment or diagnosis of a patient, causing that patient harm.
◦ Wrongful Death - Wrongful death occurs when a negligent party, such as a negligent driver, employer or
doctor, is responsible for the death of another person. Wrongful death claims are filed by surviving family
members to receive compensation for their loss.

7. The Time Frame of Personal Injury Cases
Personal injury cases vary in length,
depending on the circumstances of
each case. They can take several
weeks, or even years. There’s no way
to know exactly how long a claim will
take without a consultation and
possibly an investigation on the part
of an attorney.

8. What You Can Expect
You will talk to an attorney and, after hearing the details of your case, the attorney will
investigate the circumstances leading to your injury. The attorney will then do the necessary
legal paperwork and file a claim. Then, both sides - your attorney and the defendant’s
attorney - will prepare their cases, including depositions, investigations, etc. The matter will
either be settled or, if no settlement is reached, the case will go to trial.

9. Some Helpful Tips for an Injured Person…
◦ Seek medical attention as soon as possible.
◦ Keep copies of any bills you receive that are related to your injury or that are related to property
damage you’ve encountered.
◦ If a police officer responded to the scene of your injury, like they do in vehicle crashes, keep a
copy of the report.
◦ Take pictures of your injuries.
◦ If there were any witnesses to your injury, ask for their contact information.
◦ Contact an attorney as soon as possible.

10. What NOT to do After an Injury
◦ Don’t forgo medical treatment, even if you aren’t sure how serious the injury might be.
◦ Don’t apologize or admit fault to another person. Without knowing all the facts of a case, you have no
way of determining fault.
◦ Don’t speak to another person’s insurance company. You do not have to talk to them about your case.
Refer them to your attorney.
◦ Don’t wait to file a claim. There is a time limit on personal injury claims. It is called a statute of
limitations. In Texas, the statute of limitations on personal injury claims is two years.

11. Have You Suffered an Injury?
If you or a loved one has been injured because of
someone else’s negligence, call Guajardo & Marks
to learn more about your options. Our Dallas
personal injury firm has years of experience
handling serious injury cases. We make sure our
clients get the attention they deserve, and we offer
aggressive legal representation on their behalf.
Guajardo & Marks offers free consultations.
Contact us today!
972-426-2621
http://www.guajardomarks.com/