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Personal Injury Claims in San Antonio — What Injured Victims Need to Know

Understanding Liability, Fault, and Compensation in a Texas Personal Injury Case

If you have been hurt due to someone else’s carelessness, you may be entitled to compensation under Texas law. Personal injury cases are built on a straightforward legal concept: when someone’s negligence causes harm to another person, the injured party has the right to seek financial recovery. Whether you were hurt in a car accident, a slip and fall, a workplace incident, or any other situation caused by another party’s failure to act responsibly, the foundation of your claim rests on proving that someone else was at fault and that their fault caused your injuries. More information is available on this website.

Several factors affect the potential success and value of a personal injury claim, including the ability to prove another party’s fault and the nature and extent of your injuries. Even if you believe you may have partly caused your own injury, in most states you can still recover some compensation from anyone else who was also careless and partly responsible. You should contact an attorney to evaluate your case if you suspect you may have a legal claim.

Personal injury attorneys are experienced with cases like yours and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to prevail, your attorney will tell you so, and you will not need to incur the time and expense of pursuing an unpromising claim. In pursuing personal injury claims, attorneys work with investigators and experts in specialized areas who can skillfully examine the technical and medical aspects of your case. More importantly, an attorney can work through the paperwork necessary to resolve your claim so you can get on with your life.

Steps You Can Take Now to Strengthen Your Case

There are several things you can do to increase your chances of recovery even before you meet with an attorney. Start by writing down as much as you can about the accident or injury itself, your injuries, and any other losses such as wages you have suffered as a result. Make notes of conversations you have with people involved in the accident or the injury, and preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs.

Locate people who witnessed the accident and who might be able to help you prove your case. If a government agency or employee may be involved, notify anyone you think might be responsible for your injuries of your intention to file a claim, as special procedural requirements apply in those situations. The sooner you take these steps, the stronger your position will be.

How Much Is Your Personal Injury Claim Worth?

Determining how much certain injuries are worth is critical to any injury claim, and it is also the aspect most difficult to generalize. The amount depends on your specific circumstances. A personal injury attorney can be more objective about your case than you can and will not make a rash decision. Where you may be tempted to go for a quick payout, your attorney may counsel you that it is in your best interest to wait for a more appropriate offer. Lawyers are used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.

Personal injury attorneys work hard to reach the best settlements for their clients as early in the litigation process as possible. If a trial becomes necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favor. Compensable damages in a personal injury case can include medical care and related expenses, income lost because of time spent unable to work, permanent physical disability or disfigurement, loss of family and educational experiences, emotional damages such as stress or depression, and damaged property.

Generally speaking, the more painful and invasive the injury, the higher the potential damages. The more extensive and long-lasting the medical treatment required, the greater the potential recovery. Strong medical evidence of the injury, a longer recovery period, and more serious permanent effects all increase the potential value of your claim.

How Will Fault for My Injury Be Determined?

Various rules of fault apply to different types of personal injury actions. In a premises liability case — for example, if you are injured in a store — the storeowner must keep the premises reasonably safe for customers, inspecting for and correcting any dangerous conditions. A judge or jury will determine whether the owner knew about the condition that caused your injury and how long it had existed, as well as how your own conduct factored into the situation.

If a dangerous consumer product has injured you, you may have an easier path to compensation. Product liability law sometimes applies a doctrine known as strict liability, which allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller without showing that they were negligent in the traditional sense. Slip and fall cases are also common, and each one turns on whether the property owner acted carefully enough to prevent the hazard and whether you were careless in not seeing or avoiding it.

Automobile accident claims are the most common type of personal injury case in our court system today. These cases are prosecuted under general negligence principles, requiring the injured plaintiff to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. Your attorney will look to police reports, state traffic laws, and witness accounts to help establish who was at fault for your accident.

Why You Should Contact a Personal Injury Lawyer Now

There are many different types of personal injury actions and several theories of fault that may apply in a given case. Discussing your situation with a personal injury attorney is the best way to evaluate the likelihood of success and the potential value of your claim. In light of the deadlines imposed under Texas law for filing personal injury actions — generally two years from the date of the injury — meeting with an attorney sooner rather than later is always strongly recommended. Contact our office today for a free consultation and let us put our experience to work for you.