San Antonio Personal Injury Lawyers

As you weigh your choices, you may find it useful to understand the essentials of a personal injury claim. This summary covers key legal principles and procedural steps that guide the pursuit of compensation for harm you've experienced.

If you've been injured and want to take legal action, you'll need to prove that someone else was responsible for your injury. This often involves making a negligence claim, which means showing that the person at fault didn't act with the care that a reasonable person would have in the same situation. For example, in a car accident, the other driver might be considered negligent if they were speeding or distracted. In cases like medical malpractice, the standard can be more complicated, and you might need an expert to explain what the proper level of care should have been.

If the accident was caused by an employee of a business, you might be able to file a claim against their employer. This could be based on the employer's negligence, such as poor hiring or supervision practices, if that contributed to the accident. You might also have a claim under "vicarious liability," which holds employers responsible for their employees' careless actions while they were engaged in job duties. This type of claim doesn't require you to prove the employer was at fault.

In some cases, you can use the doctrine of "strict liability," which means you don't have to prove negligence. For example, if you're hurt by a defective product, you would need to show that the defect caused your injury. But you wouldn't have to prove that the manufacturer or seller was careless.

While most injuries are accidental, some are caused intentionally. These are called "intentional torts," and they allow you to file a civil lawsuit even if no criminal charges are brought against the person responsible. It's generally easier to prove liability in a civil lawsuit than to secure a conviction in a criminal case.

In Texas, as in other states, there's a specific timeframe called the statute of limitations for filing a personal injury lawsuit. Usually, you have two years to file. If you miss this deadline, you typically lose the chance to seek compensation. Even if you have strong evidence showing someone else was at fault, the judge will likely dismiss your case if it's filed after the deadline. There are a few exceptions to the statute of limitations, but they are rare.

Even without the deadline, it's best to start your case as soon as possible. Waiting too long can lead to the loss or deterioration of evidence that could have made it easier to prove who was responsible or the extent of your damages. Acting quickly helps ensure that your case is as strong as possible.

If you're concerned about being partly at fault for an accident, you might want to know how the law treats these situations. In Texas, you can still receive compensation as long as you're not more than 50 percent responsible. Under state law, your compensation will be reduced by your percentage of fault. For example, if you're found to be 25 percent at fault for a car accident, and the other driver is 75 percent at fault, you can still recover up to 75 percent of your total damages.

There are generally no overall limits on the amount you can recover in an injury case in Texas. However, there are certain situations when "damages caps" apply. For instance, in medical malpractice cases, there are limits on non-economic damages like pain and suffering. Additionally, if you're bringing a claim against a government entity, there is a maximum amount you can recover.

Lawsuits against public entities have additional requirements. If you want to hold an entity like the City of San Antonio responsible for your injuries, you typically need to file a notice of claim within six months. This is a shorter timeframe than the usual legal deadline, so it's important to act quickly if a public entity may be at fault. Failing to file this notice means you can't bring a lawsuit, even if you file within the two-year statute of limitations.

Taking a personal injury lawsuit all the way to trial can be drawn out, expensive, and stressful. Since jury verdicts are not always predictable, even solid proof does not guarantee a win. This uncertainty, coupled with hefty legal costs, encourages both plaintiffs and defendants (or their insurers) to reach a compromise called a settlement. This means that the injured party gives up their legal claims in exchange for a specified sum, allowing both sides to steer clear of the risks and complications of leaving the outcome up to a jury.

Opting for a settlement offers notable benefits. Disputes are resolved more swiftly than in a courtroom, cutting both the stress and the time involved. It also provides quicker reimbursement for medical bills, lost earnings, and various other damages. Beyond that, settling can help the injured individual focus on their emotional recovery rather than constantly reliving what happened. However, you should avoid settling prematurely. Insurers frequently open with a lower offer to minimize their costs and close the matter quickly. Before accepting any offer, it is essential to evaluate whether the agreed sum covers existing and foreseeable expenses.

One major concern with settling too early is the possibility of misjudging the long-term repercussions of your injuries. If the harm is severe, you may want to wait until you have a clear picture of potential chronic limitations, ongoing healthcare needs, and how the injuries might affect career prospects and overall quality of life.

If you find yourself at odds with an insurance company, or if you have sustained severe injuries requiring substantial compensation, seeking a lawyer's guidance is vital. A defendant or insurer probably will have skilled legal counsel looking for ways to get them off the hook. You should get your own attorney to level the playing field.

Your lawyer will compile the proof needed to show fault and illustrate the full scope of your costs and intangible harm. Depending on the situation, evidence might include photos or videos of the incident and your injuries. Statements from people who saw the incident happen can offer valuable insights about who was at fault. Medical records can establish the extent of your injuries, while bills for your treatment and proof of reduced earnings can show some of your main financial losses. Expert opinions on your medical prognosis and the impact on your daily life or career can further support your claim. Statements from people like family and friends can shed light on how the injuries have affected you more generally.

Your attorney's perspective is critical when you evaluate settlement offers. Their familiarity with similar cases can help them determine whether an offer is fair. Although they will explain any pros and cons, they cannot finalize any agreement without your consent. Ultimately, you alone decide whether to settle or proceed to trial.

If a trial is the path you choose, your lawyer's role becomes essential. They oversee everything from jury selection and evidence presentation to witness questioning and courtroom arguments. They also ensure you meet key deadlines and avoid other procedural pitfalls that you might not recognize on your own. When the time comes to present your case to the jury, they'll probably be more comfortable and polished in that setting than you would be.

With so many attorneys in the San Antonio area, choosing the right personal injury lawyer can seem overwhelming. Platforms like the Justia Lawyer Directory can help narrow your options by letting you compare attorneys efficiently to see who might work best for your situation.

Experience is especially vital. Personal injury law covers several distinct areas, each with important nuances. Look for someone who has handled cases resembling yours. For example, if you're suing a doctor, you'll want an attorney with a track record of bringing medical malpractice cases. If you got hurt by a defective product, you should work with someone who has experience suing manufacturers.

Many personal injury law firms showcase their past successes online. It's helpful to see these numbers, but they only tell part of the story. Client reviews offer valuable clues about an attorney's approach and communication style. Endorsements from other local lawyers can highlight their professionalism and skill.

It's also wise to research an attorney's record with the State Bar of Texas. This helps you avoid those who may have repeated ethics violations or other significant issues. An older, minor infraction might not be a deal-breaker, but recent or serious misconduct warrants caution.

Most personal injury attorneys offer a free initial consultation, so you can gather multiple perspectives on your case. During these meetings, note both the guidance you receive and your level of comfort with the attorney. A solid rapport is vital for a successful working relationship.

Someone in San Antonio or the surrounding area could get injured in an almost infinite range of situations involving negligence or wrongdoing by someone else. Here are some examples of common incidents that lead to personal injury lawsuits:

• Car, truck, or motorcycle accidents, which most often result from the carelessness of one or more drivers
• Slip or trip and falls caused by hazards on property that the person or entity in control of the property failed to adequately address
• Medical malpractice, such as misdiagnoses, medication errors, mistakes during surgery, or errors during labor and delivery that cause birth injuries
• Interactions with household or workplace products that have defects in their design or manufacturing
• Negligence or abuse of residents in nursing homes or other licensed care facilities
• Dog bites and other animal attacks

If you were injured at work, you might be eligible for workers' compensation benefits. Workers' comp is often easier to obtain than personal injury damages because you don't need to prove that your employer or anyone else was at fault. These benefits can cover your medical bills and a portion of your lost wages. However, the downside is that if your employer participates in the workers' comp system, you can't sue them for other types of damages, like pain and suffering.

However, Texas is unique because businesses are not required to provide workers' compensation coverage. If your employer doesn't have workers' comp, you can file a personal injury lawsuit against them. Even if your employer does have workers' comp, you might still have the option to sue another person or entity responsible for your injuries. This could enable you to recover damages that aren't covered by workers' comp.

A study of jury verdicts in Texas personal injury cases found that the median award was about $12,000. The average is much greater at over $800,000, but this number may be less useful than the median. It's easy for an average to get distorted by a handful of huge verdicts that are far removed from what the vast majority of personal injury plaintiffs get. The median is simply the number in the middle of the range of verdicts. Half the verdicts were larger than the median, and half were smaller.

Here are some notable awards in recent personal injury lawsuits in Texas:

• $60 million (adjusted downward because of the medical malpractice damages cap) for a patient who was paralyzed due to a delay in diagnosis and treatment
• $37.5 million when a truck driver was killed in a rear-end collision caused by a distracted driver who failed to brake
• $7.1 million when a nursing home allegedly failed to train a nurse on how to move patients, causing a broken leg when a patient fell on her as she was moving them
• $3.5 million for the death of a tenant in an attempted robbery at his apartment complex, where the defendant property managers had not implemented adequate security
• $775,000 for an elderly man who slipped and fell on the wet floor of a gas station
• $500,000 for two people who were seriously injured when a truck driver hit them after running a red light

The specific facts of your case will determine how much compensation you may be entitled to receive. You should ask your lawyer for their insights on this topic, rather than expecting to get a certain amount that is similar to another case that seems like yours.

According to data provided by the Texas Department of Transportation, there were 40,077 car crashes in San Antonio in 2023. These included 160 fatal crashes, causing 164 fatalities. There were also 536 crashes that caused suspected serious injuries and 5,379 crashes that caused suspected minor injuries. The Department of Transportation also provided data specific to crashes involving drunk driving. San Antonio saw 1,591 of these crashes in 2023, including 30 fatal crashes. There were also 67 drunk driving crashes that caused suspected serious injuries and 278 drunk driving crashes that caused suspected minor injuries.

In Bexar County more generally, there were 48,713 car crashes in 2023. These included 202 fatal crashes, causing 209 fatalities. There were also 726 crashes that caused suspected serious injuries and 6,273 crashes that caused suspected minor injuries. According to the DUI data, there were 1,840 drunk driving crashes in Bexar County in 2023, including 43 fatal crashes, 86 crashes that caused suspected serious injuries, and 316 crashes that caused suspected minor injuries. Other statistics showed that Bexar County saw over 8,000 car crashes involving speeding, over 18,500 crashes involving distracted driving, and over 3,000 crashes in work zones.

Data from the Department of Transportation also shows the intersections in San Antonio with the highest rates of accidents. In 2023, the 10 most dangerous intersections were:

• I-10 and Loop 1604 (90 crashes)
• SH-151 and West Military Drive (77 crashes)
• I-410 and U.S. 87 (Rigsby Avenue) (76 crashes)
• Loop 1604 and U.S. 281 (San Pedro Avenue) (75 crashes)
• Loop 1604 and Culebra Road (72 crashes)
• U.S. 90 and Loop 1604 (67 crashes)
• I-410 and Marbach Road (66 crashes)
• I-10 and Wurzbach Road (65 crashes)
• I-10 and Huebner Road (62 crashes)
• I-410 and Rittiman Road (57 crashes)

While it's helpful to know where the areas of highest risk are, you should always pay attention to your surroundings when you're approaching an intersection in the San Antonio area. A brief lapse could cause devastating injuries.

If you were involved in a car crash in San Antonio, you'll probably want to get the police report related to the crash. It will provide the officer's impressions of what happened and who may have been at fault. You can request the report online, by mail, or in person from the San Antonio Police Department Records Office. It's located at 315 South Santa Rosa, and it's open from 9 AM to 4 PM Monday through Friday. You should be aware that a report may not become available for up to 10 business days after the crash.

After an incident of malpractice by a doctor, you can file a complaint with the Texas Medical Board. If you believe that you received poor treatment at a hospital, or if a loved one or you experienced abuse or neglect at a nursing home, you can bring your concerns to the Texas Health and Human Services Commission.

People who have experienced violent crimes can consult the Victim Advocacy Office in the San Antonio Police Department. This provides referrals to local service providers. The Victim Assistance Division of the Bexar County District Attorney's Office also assists crime victims in various ways, such as providing referrals to social service agencies and preparing an application through the Crime Victim Compensation fund.

After an injury on the job, you may want to check out the resources provided by the Texas Department of Insurance. These cover topics such as how to report your injury, how to find a doctor, and the types of benefits that may be available. You can also report an unsafe work environment to the hotline provided by the Department of Insurance at 800-452-9595.

1. What types of compensation can I get for my injuries?

   There are two main categories of compensation in personal injury cases. These are called economic damages and non-economic damages. Economic damages cover bills and financial losses caused by the accident, such as medical bills, property damage, lost wages, and any modifications to a home or vehicle to accommodate a permanent disability. Non-economic damages cover intangible harm like pain and suffering, mental anguish, and loss of enjoyment of life. If you can show that the defendant did something especially blameworthy, you might be able to get punitive damages as well.

2. How much will I need to pay my lawyer?

   Personal injury attorneys usually work on a contingency fee basis, meaning they take a percentage of the money they recover for you through a settlement or verdict. This percentage typically ranges from 25 to 40 percent. If your case goes to trial, the percentage might be higher than if it ends in a settlement. If you don't win any money, you won't owe anything. This arrangement makes legal representation more affordable and gives attorneys a strong incentive to secure the highest possible compensation for you.

3. Should I see a doctor even if I don't feel much pain?

   It's always wise to see a doctor after an accident. Some injuries may not be immediately obvious. Getting checked out promptly can help you catch any potential issues before they become more serious. Also, it creates a medical record that could be very useful if you decide to file a claim or lawsuit later.

4. Who can bring a wrongful death lawsuit in Texas?

   If they believe someone else is responsible for the loss of their loved one, a spouse, child, or parent can file a wrongful death lawsuit. If none of these family members files the lawsuit within three months of the death, the executor or administrator of the deceased person's estate can step in and file the claim.

5. Can I sue the bar that served a drunk driver who hit me?

   In Texas, the dram shop law allows you to sue a bar or other establishment if they served alcohol to a person who was obviously intoxicated, and that person then caused an accident. Special rules apply when it comes to underage drinking.