Texas Personal Injury FAQs

What does personal injury mean?

When someone suffers a “personal injury,” that means they have been hurt because of the actions or inactions of someone else. For example, if another car collides with yours on your way home from work, and if that driver was at fault, you can pursue legal action to seek payment for the damages you’ve suffered.

What is negligence?

Negligence means that a person acted irresponsibly or failed to use reasonable care in a situation that led to another person’s injury. Negligence can include – but is not limited to – driver error, reckless driving or creating an unsafe work environment for employees.

What is a catastrophic injury?

The term “catastrophic injury” means a major injury to the brain, known as traumatic brain injury (TBI), or the spinal cord, known as a spinal cord injury (SCI). These devastating injuries leave victims facing unbelievably steep medical bills, a lifetime of recovery and a complete disruption of their quality of life.

I’ve been injured in a vehicle accident. What should I do now?

First, make sure that you and those with you are safe. If someone has been injured, contact emergency medical care as soon as possible. Next, call the police department so they can respond to the scene and file a report. Get the contact information of the other driver – name, address, phone number and insurance information. If you are able, take pictures of the area and ask witnesses for their contact information so they can send you any information or pictures that you might be able to use later. Contact your attorney as soon as possible.

What is the time limit on personal injury cases in Texas?

The statute of limitations is two years after the injury occurred, or two years after the injured person becomes aware of their injury. However, it’s important to take action as quickly as possible to ensure your case has the best possible chance of success.

How long will my case take?

This really depends on the particular circumstances of your case. Some cases go to trial, which takes longer but can sometimes offer the potential for a bigger award. In other cases, settling might be a better option, and this typically takes less time. Your personal injury attorney will advise you on which option would best serve your needs, but at the end of the day the decision is up to you.

How does the attorney get paid?

At Guajardo & Marks, we don’t charge a thing unless we win your case. It is only after your payments come in that we receive a contingency fee for our work on your case. A contingency fee means that (a) we get a small part of the payments if the case is successful, and (b) we are paid nothing if we don’t win.

What should I bring with me to a consultation?

Bring all relevant documents and papers like police reports, insurance correspondence, medical bills, property damage bills and assessments, pictures, contact information of witnesses and any notes that you’ve taken in the process. When in doubt, bring it with you.

Can I pursue legal action if I’m partially responsible?

This is another question that is difficult to answer without knowing all the facts of your case, but we can say that, generally speaking, someone who is partially responsible for their own injury can still pursue legal action against the negligent party.

What is a wrongful death claim?

When a person loses their life due to someone else’s negligence, surviving family members sometimes seek justice in the form of a wrongful death claim. Such claims can be filed against negligent drivers, employers, manufacturers of defective products or another party whose negligence contributed to the death. Immediate surviving family members, such as spouses, parents or children, can file wrongful death claims. The statute of limitations for wrongful death claims in Texas is two years.

What types of cases do you handle?

If you’ve been injured due to someone else’s negligence, you might be able to seek compensation for your suffering. Don’t hesitate to call us for answers to your questions or to schedule a free consultation. The Dallas personal injury attorneys at Guajardo & Marks are here to help! Contact us today.

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