Not every injured victim will necessarily be entitled to financial compensation from another. To recover damages in a personal injury claim, the other party must be legally liable for your injuries. Oftentimes, parties will be responsible for the injuries they cause when they are behaving negligently. To show negligence, you must prove an individual had a duty to act reasonably, they failed to act reasonably, and as a result, you suffered damages.

Formally, the elements of negligence are:

• The existence of a legal duty that the defendant owed to the plaintiff;
• Defendant’s breach of that duty;
• Plaintiff’s sufferance of an injury; and
• Proof that defendant’s breach caused the injury.

Statistically, some groups of people have a higher risk of death resulting from accident-injuries than others. For example:

• Men, who have a higher rate of unintentional injury death and suicide than women.
• Young adults ages 25-34
• Native Americans
• Individuals living in low-income communities
• Adults with easy access to guns at home have a higher rate of suicide.

Accidents cause a wide variety of serious and disabling injuries every day. Many factors may affect the nature and extent of a victim’s injuries. However, common injuries include:

• Cuts, scrapes, abrasions, and bruises;
• Strains, sprains and pulled muscles;
• Fractures;
• Compound fractures;
• Dislocated joints;
• Burn injuries, which can result in permanent scarring and disfigurement;
• Severe cuts and lacerations, which can cause the loss of use in body parts;
• Head and brain injuries, including concussions, skull fractures, and traumatic brain injuries;
• Spine, back and neck injuries, including fractured vertebrae and spinal cord damage;
• Abdominal injuries, resulting in damage to internal organs and internal bleeding;
• The loss of a limb;
• Paralysis; and
• Death.

Texas has adopted an “at-fault” system regarding car insurance. An at-fault driver can be held liable for any damages and injuries he or she causes in a car accident. Most drivers purchase liability insurance with the required minimum limits, which will cover their injuries, even when they weren’t at fault. However, the injured person can sue the at-fault driver for expenses beyond the minimums provided by their liability insurance coverage.

When appropriate, attorneys may utilize accident reconstruction specialists, highly qualified experts, doctors, and other professionals to analyze the accident. It is important to accurately determine what happened, who was at fault, and the extent of the resulting injuries. The claims process begins when an injured party and their attorney file a summons and complaint in civil court. Both documents must be properly served on the defendant, to give him or her notice of the lawsuit. Before proceeding to trial, parties typically engage in the discovery phase. During discovery, each party has an opportunity to discover evidence related to the other party’s legal claims and defenses.

During this process, the attorneys may request answers to interrogatories (formal questions), documents pertaining to the case, or depositions under oath of the parties and witnesses. When necessary, attorneys may bring preliminary issues before the court to be decided in advance of trial. The processes of discovery and preliminary motions can require a significant amount of time. Parties may consistently engage in negotiation discussions intended to resolve the claim before proceeding to trial.

However, should negotiations prove to be unfair, injured victims may decide to continue to trial. Just as nobody can predict the length of a settlement negotiation, the length of a trial is also difficult to forecast. During the trial, both sides present evidence. The judge or jury will determine if the defendant is liable and, if so, how much the defendant is required to pay in damages to the injured party.

Unfortunately, personal injury victims frequently suffer catastrophic injuries and financial losses. Depending on the severity of their injuries, they may have to adapt to lifelong limitations. Determining the amount of compensation a victim may receive depends on several factors, including:

The nature and extent of the injuries,
Whether the individual suffered any long term impacts or symptoms,
How the injuries and symptoms affected the individual, and
Whether the injuries resulted in death.

In Texas, damages generally fall into two categories: economic damages and non-economic damages. Economic damages are easy to quantify, or put a price on, such as medical bills, costs of rehabilitation and future care, or lost wages. Non-economic damages are typically intangible and more difficult to quantify. For example, pain and suffering, loss of companionship or consortium, disability, or disfigurement may be included as non-economic damages. In some especially egregious cases, the court may award exemplary damages to punish unethical or malicious behavior. When another is responsible for a victim’s injuries, they may be entitled to seek damages for:

• Medical expenses;
• Lost wages, including missed time from work for medical care;
• Any permanent disfigurement or disability resulting from the injury;
• Any property damages resulting from the incident;
• Your emotional distress, including anxiety and depression;
• Loss of consortium or other interference with your family relationships;
• The cost of hiring someone to do tasks you cannot do, such as household chores; and
• Any additional costs that were a direct result of your injury.

Personal injury claims are commonly associated with car accidents. While car accidents are a major cause of injuries across the United States, are many other accidents cause injuries. Injuries frequently result from unsafe premises, defective or dangerous products, slips and falls, and medical malpractice, among others.

Vehicle accident injuries. Car accidents are a common cause of injuries everywhere. According to statewide statistics, a crash occurs every 58 seconds in Texas. If you suffered injuries from a car accident that wasn’t your fault, you may be entitled to compensation for any resulting losses.

Slip and fall injuries. Slip and fall accidents can happen anywhere, and oftentimes cause serious injuries. According to the National Floor Safety Institute, falls account for more than eight million hospital emergency room visits each year.

Medical malpractice injuries. Medical professionals are required to provide patients with the standard of care that is universally accepted across the medical industry. Sometimes medical care professionals injure patients by failing to provide proper health care treatment. For example, surgical mistakes, misdiagnosis or delayed diagnosis, or incorrect medications can cause patients serious injuries. Medical care providers may be liable for malpractice if they acted negligently in providing medical care, in violation of the professional standard of care.

Product liability injuries. Americans use a wide variety of products to make their lives safer or easier, including child safety seats, power tools, or medical devices. Unfortunately, due to improper production or manufacturing, unsafe products may cause consumer injuries. Product liability claims pertain to personal injuries sustained when using a dangerous or defective product.

Dog bite or attack injuries. Generally, if a dog attacks someone, the owner is legally responsible for the resulting damages. Under Texas law, the one bite rule requires injured parties to show the following to recover damages for a dog bite:

The dog’s owner knew the dog had bitten someone before or acted aggressively towards a person in the past; and
The owner of the dog failed to control it, or prevent it from biting someone, and that negligence caused the plaintiff’s injuries.

Workplace injuries. Workplace injuries are quite common. The law associated with workplace injuries is often complicated. If you suffer a workplace injury, due to another’s negligence, and you do not have access to Workers’ Compensation benefits, you may be entitled to seek compensation.

Assault, abuse, or neglect. Personal injury lawsuits are usually the result of negligence, but that is not always the case. Injured parties may also be entitled to compensation if they were harmed as the result of someone’s intentional behavior. In addition to any criminal court proceedings, injured parties may sue the wrongdoer in civil court for financial compensation.

Wrongful death. If another’s negligence or intentional act resulted in the death of a loved one, surviving family members may be entitled to file a “wrongful death” claim against the responsible party. Wrongful death claims intended to compensate families for losses suffered due to the death of their loved one.

If you have suffered a personal injury, the first thing you should do is seek medical care. Even if you do not think you have been injured, or believe your injuries are minor, you should see a doctor as soon as possible. Many injuries may exhibit delayed symptoms that are not immediately apparent. For some injuries, such as brain injuries, victims may not experience symptoms for days or weeks after the injury. Delaying treatment doesn’t mean you cannot recover damages.

However, it may allow the opposing side to argue that the accident did not cause your injuries. After an accident, insurance representatives may try to arrange a quick settlement or urge you to sign away your rights. At first, you may be attracted to a settlement, thinking the compensation will allow you to move on with your life. Quick settlement offers may be an attempt for the insurance company to avoid paying the full value of your claim.

Don’t let anyone intimidate, threaten, or pressure you into signing a settlement agreement without discussing the offer with an experienced attorney. You should begin gathering and preserving evidence as soon as possible. Evidence may become more difficult to collect as time passes.

Injured victims should try to:

• Prepare a list of all medical professionals who have treated them and copies of medical records. Medical records and documents may provide valuable evidence for a personal injury claim.
• If possible, take pictures of the injuries, any vehicles involved, and the accident scene, including signs.
• Keep records and receipts for all financial losses resulting from the accident.
• Keep a personal journal noting the recovery progress. It will be helpful to have a detailed record of the injuries’ impacts on daily life.

We tend to hear about personal injury cases that go to trial, but there are ways to settle a case outside of the courtroom. In reality, only about 2 percent of personal injury cases go to trial. Most cases are settled out of court or even before the injured person files a lawsuit. A victim’s attorney may negotiate with the opposing party to try to agree on an acceptable settlement.

If the parties agree on a settlement out of court, a judge or jury is not required to determine the amount of compensation awarded. Mediation and arbitration are other methods of alternative dispute resolution.

Such alternatives are usually quicker and less expensive ways of resolving the case than proceeding to trial. In these situations, the lawyers and clients meet and present the facts and arguments before an impartial legal representative.

Personal injury cases are complex, with many rules and procedural deadlines. The statute of limitations provides a window of time within which an injured victim may file a personal injury claim.

In Texas, most personal injury claims must be filed within two years of the date of the accident. However, there are exceptions to this rule, so you should consult an attorney to advise you on the appropriate time limits. Injuries can be physically, emotionally, and financially life-altering.

Experienced personal injury attorneys regularly fight for the rights of injured victims to seek the compensation they are entitled to. For more information or to schedule a free evaluation, contact an experienced, dedicated attorney at The Patel Firm.

Contact us today to discuss your legal options.