Introduction
If you’ve been injured in an accident due to someone else’s negligence, you may be entitled to compensation. Personal injury law in Texas protects victims by allowing them to recover damages for medical expenses, lost wages, and pain and suffering. However, navigating the legal system can be overwhelming, especially when dealing with insurance companies and complex laws.
This guide will cover:
- Types of personal injury cases in Texas
- How to file a personal injury claim
- The Texas statute of limitations for injury cases
- What compensation you can recover
- How a personal injury lawyer can help
If you’ve been injured in San Antonio or anywhere in Texas, this guide will help you understand your legal rights and the next steps to take.
1. What Is Personal Injury Law?
Personal injury law allows individuals to seek compensation (damages) when they suffer harm due to another party’s negligence, recklessness, or intentional wrongdoing.
Common Personal Injury Cases in Texas
Some of the most common personal injury claims include:
- Car accidents – One of the leading causes of personal injury claims in Texas.
- Truck accidents – Often involve serious injuries due to the size and weight of commercial trucks.
- Motorcycle accidents – Motorcyclists are at a higher risk of severe injuries.
- Slip and fall accidents – Property owners may be liable for dangerous conditions.
- Workplace injuries – Workers’ compensation may cover injuries, but additional claims may apply.
- Medical malpractice – Injuries caused by doctor negligence or hospital errors.
- Product liability – Defective products that cause injuries (e.g., dangerous drugs, faulty machinery).
- Wrongful death – When an injury leads to fatal consequences, surviving family members may file a claim.
If you’ve suffered an injury due to someone else’s actions, a personal injury lawyer can help determine whether you have a case.
2. What to Do After an Accident in Texas
If you’ve been involved in an accident, taking the right steps can strengthen your personal injury claim.
A. Seek Medical Attention
Even if your injuries seem minor, visit a doctor. Some injuries (like concussions or internal bleeding) may not show symptoms immediately. Your medical records will also serve as crucial evidence in your claim.
B. Report the Incident
- Car accident? Call the police and file an accident report.
- Workplace injury? Notify your employer immediately.
- Slip and fall? Report it to the property owner or manager.
C. Gather Evidence
- Take photos and videos of the accident scene.
- Get witness statements and their contact information.
- Keep medical records, receipts, and accident reports.
D. Contact a Personal Injury Lawyer
An experienced attorney can evaluate your case, negotiate with insurance companies, and fight for maximum compensation.
3. Understanding Texas Personal Injury Laws
Texas has specific laws that impact personal injury claims, including fault rules and time limits for filing lawsuits.
A. Texas Is a “Comparative Fault” State
Texas follows a modified comparative negligence rule, meaning:
- If you’re partially at fault, your compensation will be reduced by your percentage of fault.
- If you’re more than 50% at fault, you cannot recover damages.
For example, if you’re awarded $100,000 but found 20% at fault, you’ll receive $80,000.
B. Texas Personal Injury Statute of Limitations
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to compensation.
Some exceptions apply, such as injuries involving minors or government entities.
4. Compensation Available in a Texas Personal Injury Case
If you’ve been injured, you may be eligible for different types of compensation.
A. Economic Damages (Tangible Losses)
These are measurable financial losses, including:
- Medical expenses (hospital bills, surgery, therapy)
- Lost wages (time missed from work)
- Property damage (vehicle repair or replacement)
- Future medical costs (long-term care, rehabilitation)
B. Non-Economic Damages (Intangible Losses)
These cover pain and suffering that doesn’t have a direct financial cost:
- Physical pain and emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
C. Punitive Damages (In Rare Cases)
If the responsible party acted with gross negligence or intentional misconduct, the court may award punitive damages as a form of punishment.
5. Dealing With Insurance Companies
A. Beware of Quick Settlement Offers
Insurance companies often offer low settlements hoping you’ll accept before realizing the full extent of your injuries.
B. Don’t Provide a Recorded Statement
Adjusters may use your own words against you to minimize your claim. It’s best to let your lawyer handle communications.
C. Let an Attorney Negotiate on Your Behalf
A personal injury attorney understands insurance tactics and can fight for full compensation.
6. When to Hire a Personal Injury Lawyer
While minor accidents might be handled without an attorney, you should hire a lawyer if:
- The injury is severe or long-term.
- The insurance company denies or delays your claim.
- You are being blamed for the accident.
- You’re facing high medical bills and lost income.
An attorney can handle all legal aspects of your claim while you focus on recovery.
7. How a Personal Injury Lawyer Can Help
A. Investigating the Accident
Your lawyer will:
- Collect evidence, including surveillance footage and accident reports.
- Consult medical experts to assess injuries.
- Interview witnesses to strengthen your claim.
B. Negotiating a Fair Settlement
Most personal injury cases settle out of court, but insurance companies rarely offer fair compensation upfront. Your attorney will fight for a maximum settlement.
C. Taking the Case to Trial (If Necessary)
If a fair settlement isn’t possible, your lawyer will file a lawsuit and take your case to court.
8. Personal Injury Case Timeline
Step 1: Initial Consultation – Discuss your case with a lawyer (usually free).
Step 2: Investigation – Gather medical records, witness statements, and evidence.
Step 3: Negotiation – Your attorney negotiates with the insurance company.
Step 4: Settlement or Lawsuit – Most cases settle, but if necessary, a lawsuit is filed.
Step 5: Trial (If Required) – If no agreement is reached, the case goes to court.
Conclusion
If you’ve been injured due to someone else’s negligence, you deserve compensation for medical bills, lost income, and pain and suffering. Navigating Texas personal injury laws can be challenging, but the right legal team can protect your rights and maximize your recovery.
If you need an experienced San Antonio personal injury lawyer, contact Roberson Duran Law today for a free consultation. We fight to ensure our clients get the justice and compensation they deserve.