Personal Injury Law in San Antonio, TX
Were you hurt due to another’s negligence in San Antonio? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in San Antonio, TX can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in San Antonio relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in San Antonio, TX
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in San Antonio
According to the Texas Department of Transportation, traffic injuries and fatalities increased in places like Bexar County. As a result, San Antonio residents drive nearly 53 million miles every day in an area where the rate of motor vehicle accidents has not improved for years. It won’t surprise many to learn that the estimated economic cost for all accidents in Texas reached 39.2 billion dollars in 2019.
Steps in a Personal Injury Lawsuit in San Antonio, TX
Once you determine that you wish to proceed forward with a personal injury action in Texas
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance. After the fact-finding finishes, 95% of cases end with a settlement. Your attorney may attempt to negotiate this at any time during the litigation process. Mediators act as impartial moderators between attorneys and encourage both parties to reach an agreement. If mediation does not work, a judge and jury will have the final decision in San Antonio. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount. There’s no guarantee of recovering damages for any lawsuit, but it’s worth considering recent precedents. A jury in the District Court of Bexar County awarded $3 million to a San Antonio woman as far back as 1987. To set proper expectations for yourself, discuss the non-economic damages with your attorney before looking into the crystal ball that is punitive damages. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in TX, that means you risk not receiving any compensation at all. If your Texas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. Texas does not have a limit or “cap” on non-economic damages, except for medical malpractice claims. Damage caps for injuries caused by the improper practice of medicine include: The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized. The state of Texas gives citizens two years to file a lawsuit for personal injury. If you discover an issue related to an accident within that time in San Antonio, you can still take action. We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. Pursue a personal injury claim in San Antonio against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Texas state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!Texas Personal Injury Settlement
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Statute of Limitations in San Antonio, TX Personal Injury Law?
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