San Antonio Personal Injury Lawyers

No matter how careful we are going through life, sometimes negligent individuals cause accidents that harm us. Car crashes, workplace injuries, and other types of serious accidents may suddenly devastate your physical and emotional health.

These incidents happen far too often, with more than 100 million people seeking emergency treatment every year for an accidental injury. But with the help of a skilled personal injury lawyer, you could get your life back on track quickly by filing a personal injury claim.

If you were hurt recently in an accident through no fault of your own, have an attorney review your case at no cost. Our San Antonio personal injury attorneys will protect your legal rights and advocate for the most compensation for your medical bills, pain and suffering, and lost wages.

What Is a Personal Injury Case?

A personal injury case is a claim when someone is harmed because of an injury or accident, and another person or entity may be legally responsible. If you and your attorney prove that the other party’s action or inaction injured you, their insurance company may be obligated to pay for your medical bills, lost earnings, and pain and suffering.

Most personal injury cases result in a settlement. For example, if another driver hits your vehicle in San Antonio, you would file the case with that person’s auto insurance company. Assuming the insurance company accepts liability, they may offer you a settlement to resolve the case. It is up to you to accept or decline the settlement offer and possibly negotiate for more.

If settlement negotiations break down in the personal injury case, your attorney can file a personal injury lawsuit in the appropriate court. However, you would receive nothing for your injuries and other damages if you don’t win the court case. That’s why most personal injury claims end in a settlement; it avoids the risk and expense of a court case.

A small personal injury claim, such as a fender bender with minor injuries, might settle for a few thousand dollars. But if the accident severely injures someone, the settlement or verdict could be in the hundreds of thousands or millions of dollars. In sizeable personal injury cases, you should always seek representation by a qualified personal injury attorney.

Types of Personal Injury Cases

There are many types of personal injury cases in San Antonio, with the following being the most common:

Auto Accidents

There were 15,299 serious injury auto accidents in Texas in 2022, and 18,880 people suffered severe injuries. These accidents can be divided into the following categories:

• Car accidents. These are the most common types of motor vehicle accidents in the state and city. Car accidents are often caused by speeding, drunk driving, texting and driving, and fatigue.
• Trucking accidents. Commercial trucks are much larger than passenger cars, and the resulting accidents are usually severe and sometimes fatal.
• Motorcycle accidents. Motorcyclists aren’t protected by the vehicle, so the injuries are often severe or fatal.
• Pedestrian accidents. These accidents are often serious and happen most often at major intersections in San Antonio.
• Rideshare accidents. Uber and Lyft accidents are becoming more common. These are often complex accidents, and whether the rideshare driver was working during the accident is a critical factor in compensation.

These are some of the most dangerous intersections in San Antonio where serious auto accidents happen:

• Loop 1604 and Highway 281
• Bandera Road and Loop 1604
• IH 10 and Loop 1604
• IH 35 and Walzem Road
• Rigsby Avenue and Loop 410
• Highway 151 and Loop 410

Product Liability

A product liability claim occurs when a person suffers injury from a dangerous consumer product. You are not required to be the person who bought the product to receive compensation. You must prove that the product had a design defect, manufacturing defect, or a lack of warnings about product dangers. You may be able to win a claim against the manufacturer without proving it was at fault. Common product liability claims involve toys, automobiles, drugs, medical devices, and power tools.

Workplace Accidents

Most workplace injuries in Texas are covered by workers’ compensation, which provides benefits for medical expenses and partial lost wages for the injured worker. The advantage of taking workers’ comp is you don’t need to prove your employer was at fault. However, you cannot receive pain and suffering damages stemming from the accident. In limited cases, you may be able to file a lawsuit against the employer or a third party.

Premises Liability

The owner or manager of a public establishment or private residence must ensure that the property is safe for visitors and guests. Most premises liability cases are filed against businesses, including apartment complexes, grocery stores, and other retail establishments. The most common premises liability claim is for a slip and fall accident.

The owner or manager of the business must repair any hazardous condition on the property that could injure a guest or visitor. In limited cases, the property owner could be liable for damages for a trespasser’s injury. For example, if a child climbs over the homeowner’s fence and drowns in their swimming pool that lacks a cover or fencing, this could result in a valid claim.

Medical Malpractice

A medical malpractice injury case happens when a doctor or medical facility injures you through inadequate medical care. Common causes of malpractice cases are surgical mistakes, misdiagnosis or missed diagnosis, improper prescription, etc.

Medical malpractice cases usually require expert medical professionals to testify. Nix Patterson’s personal injury lawyers have a variety of medical experts on call to testify in medical malpractice claims.

Animal Attacks

Many personal injury cases involve animal bites and attacks in San Antonio. Unfortunately, many dogs are roaming the streets in parts of the city, and these attacks often cause severe injuries. If the owner was aware that the dog was dangerous and it bit you, you could receive compensation in a personal injury case.

Compensation in San Antonio Personal Injury Cases

If your attorney proves that another party is liable for your injuries, you could be entitled to the following types of damages:

• Economic damages. These are financial losses you suffered, such as medical bills and lost earnings. However, you may be entitled to additional future losses, including lost wages and medical expenses.
• Non-economic damages. Compensation for your pain, suffering, and emotional distress.
• Punitive damages. Not typically awarded, but could be appropriate to punish certain defendants. For example, punitive damages could be awarded if an extremely intoxicated driver runs you over in a crosswalk.

Compensation in personal injury cases can vary tremendously. Some claims are worth small amounts, and others may be valued at millions. The best way to understand your case’s potential value is to have an experienced San Antonio personal injury attorney review it. Some of the factors that influence your case’s value are:

• How severe the injuries are. Someone with a minor back injury would usually receive less compensation than someone with a severe injury, such as a brain injury or internal injuries.
• How the injuries affect your life and work. If you cannot play with your children or work in your old job, the case could be worth more.
• Amount of medical expenses. The case could have a higher value if you need surgeries and hospitalization.
• Lost future earnings. If you cannot work for months or permanently, you could receive additional funds for the loss of future income.

How Is Fault Determined in San Antonio Personal Injury Cases?

After an accident with injuries, you probably want to be compensated by the other party. However, you must prove they were at fault to obtain compensation in a personal injury claim or lawsuit.

For example, in a San Antonio car accident where one driver didn’t yield and hit you, the following must be proven to determine fault:

• The negligent driver had a duty of care to you to drive safely, obey the speed limit, and yield to other traffic at stop lights and stop signs.
• The negligent driver violated their duty of care when they didn’t yield and hit your vehicle.
• You suffered injuries and damages related to their breach of the duty of care.

After the accident, you must provide proof to the insurance company to prove fault. This evidence may include photos and videos of the accident scene, the police report, eyewitness statements, etc. You also must provide proof of damages, such as medical bills, car repair bills, and lost wages.

What if you were partially at fault for the accident? Texas has a comparative negligence law that allows you to receive compensation even if you are partially liable. In that case, your compensation would be reduced according to your percentage of fault.

Some accident cases also involve the respondeat superior legal theory. This legal doctrine may come into play when the employer is responsible for their employee’s negligent actions. For example, suppose a pizza delivery driver hits you from behind on Loop 1604 in San Antonio. You hurt your neck and back. If the driver was engaged in their job when the accident happened, the employer may be required to compensate you for your losses. Your attorney will review the accident to determine if an employer could be partially liable for damages.

How Our San Antonio Personal Injury Attorney Can Help

When it comes to your personal injury case, one of the most essential duties of your attorney is to maximize your compensation. Some injury victims may be tempted to handle their own cases to save legal fees. However, studies show that those who hire a personal injury attorney receive higher settlements. This is because of the attorney’s experience and skill in navigating the complex legal system.

Your attorney can maximize your compensation because they understand the factors that increase case value. Experienced personal injury attorneys know your case is not just about your immediate lost earnings or medical expenses. It is also about your long-term well-being, future medical expenses, and the pain and suffering you have had. Your attorney will effectively present your case to the insurance company or jury, ensuring that all critical case aspects are considered so you get the money you deserve.

Some of the other things your San Antonio personal injury lawyers will do to help your case include:

• Help you document your case to prove pain and suffering. Insurance companies are all about the bottom line. They will try to minimize what they pay for your pain and suffering if they can. Your attorney will rely on your medical records, doctor’s statement, and other evidence to argue for the most money for your mental and physical discomfort.
• Determine who was at fault for the accident. Sometimes, it’s clear who was at fault in the accident, but not always. The insurance company may dispute liability or partially blame you for the incident. Your attorney will present evidence in the most persuasive way to prove the other party was liable.
• Level the playing field. The other party or insurance company will have an attorney fighting for them, so you should, as well.
• Employ expert witnesses and private investigators, if needed. For example, your San Antonio may hire an accident reconstruction expert to show the jury how the accident happened.
• Advise you about whether to take a settlement, negotiate for more, or go to court. Settling out of court is most common because it gets you money in hand without going through the expense and risk of a trial. Going to trial is risky because you might lose, but it may be the best option if the insurance company doesn’t offer a fair settlement.
• Take your case to court and persuade the jury.

Your attorney also may help with your medical expenses. Many attorneys have relationships with local medical professionals who will accept payment for their services on a contingency basis. This means you could receive essential medical care for your injuries and pay them from your settlement. This is an important role that attorneys play that can make a huge difference for injured clients.

Statute of Limitations for Personal Injury in Texas

You only have a limited time to file a personal injury case in Texas. If you wait too long, the opportunity to pursue damages for your losses is gone. In Texas, you have only two years from the date of the injury to file your claim or lawsuit. So, speak to a personal injury attorney today in a complimentary legal consultation to learn all of your legal options.

Contact a San Antonio Personal Injury Attorney Today

Being hurt in an accident in Texas is stressful and upsetting. But if you were hurt through no fault of your own, you could have legal options. A San Antonio personal injury attorney can help you file a personal injury claim to receive compensation for your losses. Speak to a Nix Patterson personal injury attorney today for a complimentary consultation.