Injury Lawyer Near Me: San Antonio Personal Injury Guide
8/20/2025 | 1 min read
Introduction: Why This Guide Matters to San Antonio Injury Victims
San Antonio’s fast-growing metro area, anchored by busy corridors like Interstate 35, Loop 410, and U.S. 281, sees tens of thousands of collisions, workplace mishaps, and premises injuries every year. Add oil-field traffic coming up from the Eagle Ford Shale and the heavy tourism around the River Walk, and it is easy to understand why Bexar County courts handle an impressive volume of personal injury lawsuits. If you searched for a personal injury lawyer San Antonio Texas, you are likely looking for clear, Texas-specific information—without legal jargon—that explains how you can hold a negligent person or business accountable. This guide delivers exactly that.
Written for injury victims and their families, each section summarizes the key laws, deadlines, and procedures that apply to personal injury claims filed in San Antonio. Every legal point is drawn from authoritative sources such as the Texas Civil Practice and Remedies Code, the Texas Rules of Civil Procedure, and published opinions from the Fourth Court of Appeals (which sits in San Antonio). We slightly favor the victim’s perspective, emphasizing steps you can take to preserve your claim and improve your chances of securing full compensation.
Understanding Your Personal Injury Rights in Texas
Your Right to Seek Damages
Texas law recognizes the right of an injured person to recover monetary damages when someone else’s negligent, reckless, or intentional conduct causes harm. The legal basis for most personal injury cases is negligence—proof that the defendant owed you a duty of care, breached that duty, and caused damages as a result. Damages in Texas may include:
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Economic damages: medical bills, lost wages, rehabilitation, property damage.
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Non-economic damages: pain, suffering, mental anguish, physical impairment, and loss of consortium.
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Exemplary (punitive) damages: allowed in rare cases of gross negligence or malice under Texas Civil Practice and Remedies Code (TCPRC) Chapter 41.
Statute of Limitations: 2-Year Deadline
Under TCPRC § 16.003(a), an adult victim generally has two years from the date of injury to file a lawsuit. Missing this deadline almost always ends the claim. Limited tolling applies for minors and certain latent injuries, but you should never rely on an exception without legal counsel.
Comparative Fault: Proportionate Responsibility Rule
Texas follows a modified comparative fault system detailed in TCPRC Chapter 33. If a jury assigns you 50% or less of the fault, your recovery is reduced by that percentage. If you are found 51% or more at fault, you recover nothing. This rule makes early evidence preservation critical; the more proof you have, the harder it is for a defendant or insurer to shift blame.
Common Types of Personal Injury Cases in Texas
Motor-Vehicle Collisions
Bexar County consistently ranks among the top counties for auto accidents. According to Texas Department of Transportation crash statistics, over 42,000 crashes were recorded in the county in 2022. Common scenarios include:
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Rear-end collisions on congested I-35 stretches.
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Trucking accidents on I-10 involving Eagle Ford Shale freight.
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Ride-share and tourism-related crashes downtown.
Texas requires drivers to carry minimum liability insurance of $30,000 per injured person and $60,000 per crash (Texas Department of Insurance). Severe injuries often blow past these limits, triggering underinsured motorist (UIM) claims or third-party liability claims against employers and vehicle manufacturers.
Workplace and Oil-Field Injuries
Many San Antonians commute south to oil-field jobs in Karnes, Atascosa, and LaSalle counties. Non-subscriber employers (those who opt out of workers’ comp) can be sued directly for negligence. Even subscriber employers can be sued if a defective product or non-employer third party contributed to the injury.
Premises Liability
Slip-and-fall injuries at big-box retailers along Loop 1604, inadequate security assaults near the River Walk, and dog bites in suburban neighborhoods all fall under Texas premises liability. Victims must prove the owner had actual or constructive knowledge of the dangerous condition and failed to act.
Medical Malpractice
Claims against hospitals such as Methodist Hospital or University Hospital are subject to stricter prerequisites, including expert reports within 120 days of filing (TCPRC § 74.351) and a separate two-year statute of limitations (TCPRC § 74.251).
Catastrophic & Wrongful Death
Where an accident causes loss of life, the decedent’s spouse, children, and parents may sue under TCPRC Chapter 71. Survival actions allow the estate to pursue the victim’s own damages that accrued before death.
Texas Legal Protections & Injury Laws
Evidence and Discovery Rules
Once a lawsuit is filed in Bexar County district court, discovery proceeds under the Texas Rules of Civil Procedure. Parties exchange requests for disclosure, interrogatories, requests for production, and depositions. A seasoned San Antonio accident attorney will leverage discovery to uncover safety policies, electronic logs, and prior complaints that support liability and damages.
Damage Caps and Exceptions
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Medical malpractice: Non-economic damages are capped at $250,000 per physician and $250,000 per facility (up to $500,000 total) under TCPRC § 74.301.
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Governmental units: Texas Tort Claims Act limits liability to $250,000 per person and $500,000 per occurrence for bodily injury, but the Act’s notice requirements (TCPRC § 101.101)—as short as 90 days for city claims—must be met.
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Exemplary damages: Capped at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages (not to exceed $750,000), per TCPRC § 41.008.
Licensing and Ethical Rules for Texas Attorneys
Only a lawyer licensed by the State Bar of Texas may give legal advice in Texas. All Texas lawyers must comply with the Texas Disciplinary Rules of Professional Conduct, including rules on contingency-fee agreements (Rule 1.04). Ethical attorneys will provide a written fee agreement explaining how costs and fees are handled.
Steps to Take After a Personal Injury in Texas
1. Seek Immediate Medical Attention
Whether you go to Brooke Army Medical Center, University Hospital, or an urgent care clinic on the North Side, prompt diagnosis links your injuries to the incident in ways that records can later prove.
2. Report the Incident
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Traffic crash: Call San Antonio Police Department or Texas DPS and secure a CR-3 crash report.
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Work injury: Notify your employer within 30 days as required by the Texas Labor Code.
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Premises injury: File an incident report with the property owner or manager.
3. Preserve Evidence
Photograph the scene, obtain witness contact information, keep damaged clothing or equipment, and save every medical bill. In trucking cases, request preservation of driver logs and black-box data via a spoliation letter.
4. Notify Insurance—But Protect Yourself
You must cooperate with your own insurer, but you have no legal duty to provide a recorded statement to the at-fault party’s carrier. Politely decline until you have consulted counsel.
5. Consult a Qualified Personal Injury Lawyer
Early legal advice ensures that deadlines are met, evidence is preserved, and all potential defendants are identified. A lawyer can also arrange treatment on a letter of protection if you lack insurance, preventing collections and supporting your damages claim.
When to Seek Legal Help in Texas
Minor fender-benders with no injuries may not require representation. However, you should promptly consult a personal injury lawyer San Antonio Texas if any of these apply:
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You incurred hospital or surgical bills.
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You missed more than a few days of work.
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Liability is disputed or multiple parties are involved.
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An insurance adjuster is pressuring you to settle quickly.
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Your injuries may require long-term care or result in permanent impairment.
Texas lawyers typically accept personal injury cases on a contingency fee (often 33⅓% to 40% of the recovery), advancing litigation costs. Under Rule 1.04, any fee must be “reasonable” and confirmed in writing.
Local Resources & Next Steps for San Antonio Victims
Bexar County Civil Courts
Most cases exceeding $250,000 are filed in the civil district courts at 100 Dolorosa St., while smaller claims may be filed in county courts-at-law or justice courts.
Mediation and ADR
Bexar County’s ADR program often orders parties to non-binding mediation before trial. Many cases settle at mediation, saving months of litigation risk.
Support Services
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University Health’s trauma recovery program offers counseling for accident survivors.
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Texas Department of Insurance’s Consumer Help Line (800-252-3439) can explain coverage issues.
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San Antonio Bar Association’s Lawyer Referral Service provides 30-minute consultations.
If settlement cannot be reached, your lawyer will prepare for trial, selecting a Bexar County jury and presenting evidence per the Texas Rules of Evidence. Victims who document everything, follow medical advice, and retain experienced counsel put themselves in the best position to obtain fair Texas injury compensation.
Legal Disclaimer
This guide provides general information about Texas personal injury law and does not constitute legal advice. Every case is unique. Consult a licensed Texas attorney before making legal decisions.
If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.
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