You have rights after a personal injury accident. In Texas, the law allows a civil remedy for injured parties to bring claims forward against negligent or reckless parties. A successful personal injury claim is often the only option for victims to recover the financial compensation they need to move forward after an accident. If you or a loved one have been seriously injured, the legally responsible party may be compelled to pay for your medical bills, lost wages, property damage, and more. Contact a San Antonio personal injury lawyer at Hill Law Firm to discuss your case and legal options in more detail. We offer 100% free consultations in Bexar County.
Why Choose Us?
- The people of San Antonio, Texas have trusted us with their personal injury claims for years. Most of the clients we accept are referrals from past clients and colleagues. We keep your best interests at heart.
- The lawyers at our law offices are not afraid to challenge defendants in court, when necessary. Even with difficult cases, we have had a long track record of success.
- Our personal injury attorneys have recovered millions of dollars for injured clients when they need it most. We have experience handling a considerable range of legal actions and always strive to recover what your case is worth.
- The clients we accept do not have to pay upfront for our legal services. We operate on a contingency fee basis on San Antonio personal injury claims, with no fees until we win.
San Antonio Personal Injury Lawyer Resources
- Do I Need a San Antonio Personal Injury Attorney?
- Personal Injury Cases We Handle
- How a San Antonio Personal Injury Attorney Can Help You
- How Much Does a Personal Injury Attorney Charge in San Antonio?
- Do I Have a Case?
- What Is Negligence?
- What Are Some of the Most Common Personal Injuries in San Antonio?
- What to Expect While You File a Personal Injury Case
- Is There a Time Limit to File an Injury Claim in Texas?
- Types of Damages You Can Recover in a San Antonio Personal Injury Claim
- Dealing with San Antonio Insurance Companies
- When To Expect Your Settlement Check
- San Antonio Personal Injury FAQs
- What to Do After Being Injured in an Accident in Texas
- Contact a San Antonio Personal Injury Lawyer Today
Do I Need a San Antonio Personal Injury Attorney?
If you have suffered any injury in a preventable accident or incident, it is in your best interests to speak to an attorney. Even relatively mild or moderate injury can dramatically impact your life. An attorney can investigate the incident, fully understand how the injury has affected your life, build a case to recover the compensation you need to fully recover.
If you have been seriously or catastrophically injured, however, the stakes are even higher and it is incredibly important to work with an experienced accident attorney as soon as possible. Serious injuries may lead to temporary or permanent disability, significant medical expenses, and may impact your ability to earn income for the rest of your life. In these cases, your claim may be the only chance you have at compensation – and you only get one chance. If you fail to accurately calculate your losses and your future medical expenses, you may be left with a settlement that is completely inadequate for your needs. At the same time, insurance companies are built to pay injury victims less than they deserve.
An attorney can level the playing field and fight for every dollar that you are entitled to and need to move forward. Finally, a San Antonio injury lawyer can make sure that you and your family have everything you need, such as connections to top-quality doctors and physical therapy.
Types of Personal Injury Cases We Handle in San Antonio, TX
Personal injury law is a broad practice area that encompasses dozens of different accident and injury types. You might have grounds to file a lawsuit against a person, company, or another entity after any type of accident that gives you or a loved one a serious injury. Speak to the personal injury lawyers at our San Antonio law firm to find out if you have the elements of a claim. If so, we may be able to help you and your loved ones seek fair compensation from the at-fault party. Our San Antonio Trial Lawyers handle cases pertaining to all areas of personal injury. Our accident injury practice areas include:
- Traumatic brain injury
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Commercial truck and bus accidents
- Construction accidents
- Drunk or distracted driving accidents
- Company vehicle accidents
- Work injury or illness
- Hospital negligence and medical malpractice
- Spinal cord injuries
- Nursing home abuse
- Dog bites/animal attacks
- Premises liability and slip and fall accidents
- Food poisoning
- Product liability
- Vape and e-cigarette injuries
- Maritime accidents
- Sexual assault
- Wrongful death
These are all claims we accept at our San Antonio law office. We take other types of cases as well. Our experienced San Antonio car accident attorneys have experience assisting clients with the claims process involving fractures, muscle strains, lacerations, burns, head and skull injuries, traumatic brain injuries, spine and back injuries, and other catastrophic injuries. Do not assume you do not have a claim until you have spoken to an experienced attorney. We can assess your case during a free case review when you call today at (210) 960-3939.
How Can a San Antonio Personal Injury Attorney Help My Case?
Many clients make the mistake of thinking they can handle their injury claims alone, without assistance from an auto accident lawyer. Unfortunately, this leads to minimal payouts or no payments at all for their serious injuries. Insurance companies do not always treat clients fairly. They may use bad faith tactics to save money. When you have to go up against an insurance corporation or powerful defendant in San Antonio in pursuit of justice, hire an attorney to make the process easier. Our legal team can gather evidence and handle negotiations and an injury trial for you while you concentrate on recovering. It is our goal to make the legal process as smooth as possible for you and hold all responsible parties accountable for their actions.
You can trust an attorney from the Hill Law Firm to keep your best interests in mind when investigating your accident, reconstructing how it happened and gathering evidence of fault. We will do what it takes to prove that another party caused your injuries and help you recover the financial compensation that you deserve. Learn more about your personal injury claim in Bexar County by requesting a free consultation today.
How Much Does a Personal Injury Attorney Charge in San Antonio?
One of the most common reasons why injury victims choose to try to represent themselves instead of hiring accident attorneys is concern over how much an attorney costs. At Hill Law Firm, our personal injury attorneys don’t charge anything for services rendered if they don’t win your case. We understand that accident victims are already dealing with financial strain due to hefty medical bills and income gaps. Our fees are contingent upon us recovering financial compensation for you. If we don’t win, you won’t pay. If we do obtain a settlement or positive jury verdict on your behalf, we will charge our fees as a percentage of the overall amount won. This way, you will always be able to afford high-quality legal representation, since you won’t pay out of pocket. Insurance companies have entire departments dedicated to devaluing claims, you need an attorney on your side.
Do I Have a Case?
A personal injury case is part of the civil justice system. It allows an injured accident victim to seek financial compensation for the injuries and losses inflicted by someone else’s careless or wrongful acts. The goal of a personal injury claim is to make the victim whole again, or to restore the victim to the financial state that he or she was in prior to the accident. A successful personal injury case can result in compensation to pay a victim for past and future losses, both tangible and intangible.
Determining if you have grounds for a personal injury lawsuit in San Antonio requires an in-depth look at the circumstances of the accident that gave you or a loved one an injury. You may have grounds for a lawsuit if a reasonable and prudent party in the defendant’s place would have done more to prevent your injury, such as cleaning up a spill to prevent your slip and fall accident. If there is evidence that the defendant committed an action or omission that caused or contributed to your injury, you may have grounds to hold him or her financially responsible.
What Is Negligence?
Negligence is the basis for most personal injury lawsuits in San Antonio. The legal doctrine of negligence means the failure to use an appropriate amount of care for a situation, such as a driver failing to pay attention to the road. When an injury arises from negligence, the at-fault party may be financially responsible, or liable, for related losses. It is up to the injured party to prove the defendant’s negligence. This generally requires evidence of four key elements:
- A duty of care was owed. A duty of care is an expectation placed on the defendant to exercise reasonable care based on the circumstances.
- A duty of care was breached. The defendant did not fulfill his or her responsibility of reasonable care. A breach of duty can refer to an action or the failure to act.
- The defendant’s breach of duty caused the injury. There must be evidence that the victim’s injury would not have occurred were it not for the defendant’s violation of the duty of care.
- Damages (losses) suffered. The plaintiff (or plaintiff’s attorney) must show evidence of losses. Without compensable damages, the plaintiff will be unable to file a claim against the defendant.
The burden of proof is on the claimant to establish these elements as more likely to be true than untrue using clear and convincing evidence. “Clear and convincing” means the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.
What Are Some of the Most Common Injuries in San Antonio?
Unintentional injuries are the fourth leading cause of death in the United States, according to the Centers for Disease Control and Prevention. Many different types of accidents in Texas and throughout the country can send victims to the hospital with serious and life-changing injuries. Even if an accident victim survives his or her injuries, the victim may have to cope with a long-term or permanent disability.
You may have grounds to file a personal injury lawsuit in San Antonio if you get diagnosed with any type of injury after a preventable accident, including:
- Amputation or loss of limb
- Back or spinal cord injury
- Broken bone
- Burn injury
- Cuts, scrapes or lacerations
- Emotional injuries
- Internal injury
- Loss of hearing or vision
- Muscle, ligament or soft-tissue injury
- Neck injury, such as whiplash
- Puncture wound
- Scarring or disfigurement
- Skull fracture
- Traumatic brain injury
The National Safety Council lists the top three causes of preventable injury-related deaths in the U.S. as poisoning, motor vehicle accidents and falls. Together, these incidents account for more than 86 percent of all preventable deaths. Whether you have been diagnosed with a common or uncommon type of injury in San Antonio, the attorneys at Hill Law Firm can help you understand and protect your legal rights. We are highly experienced personal injury lawyers who have represented clients in many different types of accident cases in Texas.
What to Expect While You File a Personal Injury Case
We sympathize with accident survivors in San Antonio. We know how confusing and overwhelming it is to be injured in an accident and then have to deal with the legal process immediately. Our aim is to make the aftermath of an accident easier by letting you know what to expect when you file a personal injury case. Although every case in Texas is unique, the stages of a personal injury lawsuit remain generally the same:
- Consultation with a San Antonio personal injury lawyer. The first step should be speaking to an attorney, as he or she can give you advice that you can trust regarding what to do next. Schedule a free consultation with a few top attorneys in your area to find the right one for you. Bring all of the information and documentation that you have about your accident to the case review.
- Accident investigation and evidence preservation. Once your case is accepted by a lawyer, the law firm will expend its resources on investigating your accident and determining fault. Your lawyer can reconstruct the accident, consult with experts, speak with eyewitnesses, review surveillance footage and take other steps to thoroughly investigate who or what caused your accident. Your lawyers will also file letters of preservation to protect key evidence.
- Claims filing. Your lawyer can also handle the legal aspects of filing a personal injury case in Bexar County. Your lawyer will fill out the required claims forms and file your lawsuit with the courthouse within the deadline. Keep in mind, however, that most personal injury cases are resolved at the insurance settlement stage.
- Settlement negotiations. If an insurance company accepts your claim, you and your lawyer will enter into negotiations for a fair and full settlement value. The value of your case will depend on numerous factors unique to you, such as the gravity of your injuries and the insurance coverage available. Your lawyer will go up against the insurer to demand fair compensation on your behalf. A personal injury case can reach a settlement at any point up until the first day of the trial.
- Personal injury trial. If your case goes to court, expect a trial before a judge and a jury. Your lawyer can present evidence to support your case to argue for a verdict in your favor. A trial will involve several pretrial processes, including the discovery phase, depositions or interrogatories, the filing of motions, and mediation before the trial itself. There may also be post-trial actions, such as an appeal.
Hiring the right personal injury lawyer from the very beginning of your case in San Antonio can save you from having to deal with the rest of the legal process on your own. Once you find a personal injury attorney with the experience and resources to properly handle your case, work out the details of how you will pay. Hill Law Firm operates on a contingency fee basis, meaning you won’t have to pay us anything to take your case until and unless we secure financial compensation on your behalf.
What is the Time Limit to File a Personal Injury Claim in Texas?
There are strict time limits for personal injury claims outlined by Texas law known as the statute of limitations. These limits can be longer or shorter depending on the circumstances surrounding your case. However, in most personal injury cases, you will have no longer than two years from the date of your accident or injury to file a civil claim.
Under Texas Civil Practice & Remedies Code Sec. 16.003:
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
While two years may seem like a long time, it is important that you speak with an attorney as soon as possible. It takes time to build a strong case and deal with insurance companies. As time passes, important evidence may be lost or destroyed and eyewitnesses may be difficult to find. Do not delay in contacting an attorney and starting your personal injury claim.
What Damages Can I Recover in a San Antonio Personal Injury Case?
Personal injury claim damages can refer to both the losses you suffered due to the defendant as well as the compensation available. Compensable damages are most often lumped into two broader categories, economic and non-economic (though in certain cases exemplary damages may be available). These are outlined in Texas Civil Code and Remedies Sec. 41.001:
(4) “Economic damages” means compensatory damages intended to compensate a claimant for actual economic or pecuniary loss; the term does not include exemplary damages or noneconomic damages.
(11) “Noneconomic damages” means damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and all other nonpecuniary losses of any kind other than exemplary damages.
(5) “Exemplary damages” means any damages awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages are neither economic nor noneconomic damages. ‘Exemplary damages’ includes punitive damages.
These damages can include:
- Existing medical expenses. Any necessary surgeries, procedures, physical therapy, rehabilitation, medication, and medical devices connected to the accident.
- Future medical treatments and health care needs (e.g., physical therapy). The ongoing or latent medical care that you will continue to need for your recovery.
- Lost income and capacity to earn a living. Loss of the ability to earn due to a temporary or permanent injury or disability, both now and in the future.
- Physical pain and suffering. The physical toll that the injury took on you, often proved by an injury diary.
- Emotional distress/mental anguish. The emotional consequences of the accident or injury, including psychological trauma and post-traumatic stress disorder.
- Property damages. The cost of repairing any damaged property or replacing lost or destroyed property from the accident.
- Lost quality of life. The difference between how much you enjoyed your life prior to the accident vs. your enjoyment now due to a permanent disability or the inability to partake in your favorite activities.
- Punitive damages. An award that is sometimes granted to a plaintiff, not to compensate for losses, but to punish a defendant for gross negligence, malicious intent to harm or other examples of serious wrongdoing.
- Wrongful death damages. Financial compensation to make up for the death of a victim and to pay for survivors’ losses, such as funeral and burial expenses, medical costs, mental anguish, and loss of consortium.
You may be eligible to recover both economic and non-economic damages. Economic damages refer to the financial losses connected to your accident, such as out-of-pocket costs. Non-economic damages are personal losses from the accident, such as physical pain and psychological suffering.
As previously mentioned, exemplary damages may be available in rare cases that involve fraud,
Our San Antonio personal injury attorneys will do everything possible to maximize the damages you recover for your personal injury claim.
Dealing With Insurance Companies
A big part of your personal injury claim will be dealing with insurance companies. In most cases, it will be an insurance company handling your claim and offering compensation for your damages, not an individual. Insurance companies are well-versed in how to avoid paying claimants. They are self-interested and wish to profit their investors more than help injured accident victims. It is important to be careful when dealing with insurance companies and their claims adjusters. In general, the trial lawyers at our personal injury law firm recommend clients do not talk to insurance claims adjusters. These are hired professionals with one main goal: to save the insurance company money. Insurance adjusters will achieve this goal through any means – including insurance bad faith. Bad faith means the insurance provider is not treating your claim honestly or fairly. Hire attorney Justin Hill to negotiate with claims adjusters on your behalf. Justin Hill has years of experience going up against insurance companies and their agents in the San Antonio area.
When Can I Expect a Settlement Check?
If your lawyer succeeds in achieving a settlement with an insurance company, you can expect a settlement check within about five to six weeks, on average. It could take longer, however, if you have a complicated claim or if the insurance company is intentionally delaying payout. Your lawyer can give you a more accurate timeline depending on the facts of your case. If the delay is a type of insurance bad faith, you may have grounds for an additional claim against the insurer. However, every case is different. For example, if it involves severe injuries, significant damages, and extensive medical treatment, the entire claim can take much, much longer.
San Antonio Personal Injury FAQs
How do I know if I have a case?
In general, you will have a personal injury case if an individual or entity did something that a reasonably prudent party would not have in similar circumstances, and if this is what caused your injury. Telling your story to an attorney can allow you to find out if your case has merit.
What should I say to an insurance claims adjuster?
As little as possible. You do not have to talk to the adjuster at all if you hire a lawyer to do so for you. Otherwise, you should keep your answers to questions short. Don’t say yes to a recorded statement and don’t admit fault for the accident. Do not accept a settlement without first speaking to a lawyer.
How much is my case worth?
This is a question that you will have to pose to an attorney for a personalized answer. Case values are calculated based on injury severity, the extent of your losses, your age and income, the number of defendants, and many other factors. Typically, cases involving serious and catastrophic injuries are worth more than minor injury claims.
What if I’m partially at fault?
Texas is a comparative negligence state, meaning you can still recover partial compensation based on your percentage of fault. You must be found to be no more than 50 percent at fault, however, to remain eligible for financial recovery.
What if I had pre-existing injuries?
This will not bar you from recovery if the accident exacerbated your pre-existing injury or condition. The defendant is obligated to take you as-is at the time of the accident, including with pre-existing injuries or a predisposition to injury.
What to Do After Being Injured in an Accident
There are several steps that you can take as the injured victim of an accident to lay the groundwork for a stronger personal injury lawsuit. Although these steps are not required, they can help you build a claim to financial compensation and protect your rights and best interests. Take the following steps after being injured in an accident in Texas:
- Do not apologize or admit fault for the accident. Even if you think you are to blame, the other party may share fault.
- Call 911 or report the accident to other authorities, such as a store manager after a slip and fall accident. Request an accident report.
- Exchange information with the other parties involved. Write down the names and phone numbers of anyone who witnessed the accident.
- Take pictures. Photographs and videos of the scene are evidence you could use to build your injury claim.
- Get medical care. If you are injured, go to a doctor immediately for professional medical care.
- Contact an insurance company. Contact the insurance provider of the party you believe caused your accident to file an initial claim.
- Cooperate with the investigation. Give any information and evidence requested by the insurance company.
- Do not sign anything. Do not accept an early settlement, give a recorded statement or sign any release forms from the insurance company.
- Gather documentation. Get all the information, evidence, and documentation that you can to support your accident claim. This includes copies of your medical records and police reports.
- Contact a personal injury lawyer in San Antonio. Before you settle your personal injury claim, consult with our injury attorneys for more information about your case and legal rights.
An experienced injury attorney can help you with all of the steps that must be taken to protect your physical and emotional well-being after a car accident. Your lawyer can give you information and advice that you can trust. No matter what stage of the process you are in, our personal injury lawyers can help.
Contact a San Antonio Personal Injury Lawyer Today
If you or a loved one have suffered a personal injury in San Antonio, do not hesitate to contact the legal team Hill Law Firm for assistance in filing a personal injury claim. In Texas, the statute of limitations for personal injuries is two years from the date of the accident. Two years to file personal injury lawsuits may seem like a long statute of limitations, but it can move quickly. It can also hurt your claim to wait too long to file a cause of action, even if you are within your time limit. Waiting too long could lead to issues such as losing important evidence that supports your case.
Call our San Antonio law office at (210) 960-3939 or fill out our contact form as soon as possible after a serious accident to schedule your free case evaluation with one of our San Antonio personal injury lawyers. Get the legal representation you deserve. A quick settlement offer with an insurance company is not enough for your financial recovery. We fight for maximum compensation. We serve injured victims all over TX, including Austin, McAllen, Corpus Christi, Brownsville, and more.
“I have been more and more impressed with Hill Law firm and Justin Hill with every interaction.I have consulted with them multiple times and on a variety of matters including business and personal. They are prompt to return calls, respond to messages and provide professional, excellently researched insight. Regardless of what your legal needs, I would recommend them completely and trust them wholeheartedly. They will always be my go-to law firm for representation in any matter.” – Millie