San Antonio Texas Personal Injury Law Guide & Your Rights

11 min read

Introduction: Why Every Injured Texan Needs to Understand Personal Injury Law in San Antonio

Every day, San Antonio’s busy interstates, historic walkways, and growing construction sites expose residents and visitors to unexpected dangers. From rear-end crashes on I-35 to slip-and-fall accidents along the River Walk, one careless moment by another person or company can change your life in seconds. Understanding Texas personal injury law in San Antonio is essential if you hope to recover medical expenses, lost wages, and the peace of mind you deserve. This comprehensive guide—written with a claimant-friendly perspective—covers the most common types of injury cases, the critical deadlines under the Texas Civil Practice and Remedies Code, and the practical steps you should take after an accident.

Whether you are coping with a severe auto collision, a workplace injury at Port San Antonio, a defective product, or the unspeakable loss of a loved one, the legal system offers powerful remedies—but only if you act quickly and strategically. Our goal is to empower you with factual, actionable guidance so you can focus on healing while protecting your right to full compensation. If questions arise, remember that Louis Law Group is just a phone call away at 833-657-4812.

Understanding Texas Personal Injury Law

Texas Statute of Limitations: The Two-Year Clock

Texas law generally gives you two years from the date of your injury to file a lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). Miss this deadline, and the court will almost certainly dismiss your claim, no matter how strong your evidence. Certain exceptions apply—such as claims involving minors or latent occupational diseases—but never assume you qualify for more time without a legal opinion. Act early to preserve evidence and avoid the last-minute rush.

Negligence and Comparative Fault

Most personal injury cases hinge on proving someone else’s negligence: a legal term meaning failure to exercise reasonable care. Texas follows a modified comparative fault rule (Tex. Civ. Prac. & Rem. Code § 33.001). You may still recover damages if you are less than 51% responsible for the accident, but your award will be reduced by your percentage of fault. For example, if a jury awards $100,000 but finds you 20% at fault, you can collect up to $80,000. Understanding how insurers and juries assign fault can dramatically influence your negotiation strategy.

Damages Available Under Texas Law

• Economic damages: medical bills, rehabilitation, lost wages, future earning capacity, property damage.

• Non-economic damages: pain and suffering, emotional distress, loss of consortium.

• Exemplary (punitive) damages: awarded only when the defendant acted with gross negligence or malice and capped at the greater of $200,000 or two times the amount of economic damages plus up to $750,000 of non-economic damages (Tex. Civ. Prac. & Rem. Code § 41.008).

Medical malpractice cases have additional caps under Tex. Civ. Prac. & Rem. Code § 74.301—generally $250,000 per claimant against a physician and $250,000–$500,000 against healthcare facilities.

Common Types of Personal Injury Cases in Texas

1. Auto and Truck Collisions

San Antonio consistently ranks among the top Texas cities for traffic crashes. According to TxDOT’s 2023 Crash Facts, Bexar County recorded more than 46,000 accidents in a single year. Proving liability often involves police crash reports, dash-cam footage, cell phone records to show distracted driving, and expert accident reconstruction. Commercial truck cases require compliance checks of federal hours-of-service rules and data from electronic logging devices.

2. Slip, Trip, and Fall (Premises Liability)

Texas property owners owe varying duties depending on whether you are an invitee, licensee, or trespasser. To recover, you must show the owner knew or should have known about the dangerous condition (e.g., wet grocery store floor) and failed to fix or warn. Promptly photographing the hazard and obtaining witness statements can be decisive.

3. Workplace Injuries

Texas is the only state that does not require private employers to carry workers’ compensation. If your employer subscribes, you generally must file a workers’ comp claim. If not, you may sue in civil court, and the employer loses certain defenses (Tex. Lab. Code § 406.033). Additionally, injured workers can sue third parties, such as equipment manufacturers, even when workers’ comp applies.

4. Defective Products

Under strict liability principles, manufacturers, distributors, and retailers are responsible for injuries caused by unreasonably dangerous products—ranging from faulty airbag inflators to contaminated food. Establishing a design defect typically requires expert testimony comparing the product to a safer alternative design.

5. Wrongful Death

Texas allows surviving spouses, children, and parents to bring a wrongful death action (Tex. Civ. Prac. & Rem. Code § 71.004). Exemplary damages may be awarded to punish willful omission, gross negligence, or wrongdoing that causes death. Separate from wrongful death, the estate can bring a survival claim for the decedent’s medical bills and pain and suffering prior to death.

Texas Legal Protections & Recent Court Rulings

Tort Reform and Damage Caps

Texas has enacted several tort reform measures that can limit recovery, particularly in medical malpractice and government liability cases. For instance, claims against government entities fall under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.023), which caps damages at $250,000 per person and $500,000 per occurrence for bodily injury or death.

Notable Court Decisions

• Bostic v. Georgia-Pacific Corp., 439 S.W.3d 332 (Tex. 2014): Clarified causation in toxic-exposure cases by adopting the "dose-responsive" requirement.

• JBS Carriers, Inc. v. Washington, 564 S.W.3d 830 (Tex. 2018): Affirmed that employers may be vicariously liable for negligent hiring when entrusting vehicles to unsafe drivers.

• Hill Country Fare v. Bennett, 648 S.W.3d 132 (Tex. 2022): Strengthened premises liability plaintiffs’ burden to show the hazard was not "open and obvious."

Keeping abreast of evolving precedents is crucial because appellate decisions regularly refine standards for admissible expert testimony, apportionment of fault, and damage calculations.

Insurance Regulations That Affect Your Claim

The Texas Department of Insurance (TDI) regulates adjuster conduct, policy forms, and unfair settlement practices (Tex. Ins. Code Ch. 541). Violations—such as failing to affirm or deny coverage within a reasonable time—may expose insurers to additional liability, including 18% interest on delayed payments (Tex. Ins. Code § 542.060).

Steps to Take Immediately After an Injury

1. Seek Medical Attention

Your health comes first. Even if injuries seem minor, a prompt medical evaluation documents causation and prevents insurance companies from arguing a later event caused your condition. Follow all treatment plans to avoid allegations of "failure to mitigate damages."

2. Notify Authorities and Obtain Reports

• For vehicle crashes, call SAPD or Bexar County Sheriff. Officers create CR-3 crash reports that contain diagrams, witness names, and citations.

• In workplace accidents, inform your supervisor in writing within 30 days (Tex. Lab. Code § 409.001).

• For premises incidents, insist on an incident report and keep a copy.

3. Preserve Evidence

• Photograph the scene, injuries, and property damage from multiple angles.

• Collect witness names and contact details.

• Save physical evidence such as defective products or torn clothing.

• Document your pain levels and limitations in a daily journal.

4. Report Claims to Insurers—but Carefully

Most auto policies require "prompt notice," yet giving a full recorded statement to another party’s insurer may harm your case. Provide only basic facts until you consult counsel. Under Tex. Ins. Code § 542.055, insurers must acknowledge claims within 15 business days, so keep all correspondence.

5. Calculate Economic Losses

Gather bills, receipts, pay stubs, and tax returns. When self-employed, prove lost profit through invoices and accounting records. Future medical costs often require an expert life-care planner.

When to Seek Legal Help in Texas

While minor fender-benders with no injuries may resolve without an attorney, most serious accidents demand legal firepower. You should speak with a San Antonio accident attorney immediately if:

• You sustained moderate or severe injuries requiring hospitalization or surgery.

• Liability is disputed or multiple parties share fault.

• An insurance adjuster pressures you to settle quickly or blames you for the accident.

• The at-fault party is uninsured or underinsured.

• Complex issues such as third-party workplace claims or product defects arise.

Louis Law Group has helped thousands of Texans secure full and fair compensation. Our team conducts rapid scene investigations, retains industry-leading experts, and negotiates aggressively with insurers—while you focus on recovery. We work on a contingency fee basis, meaning no fees unless we win.

Local Resources & Next Steps

Government and Community Resources

Bexar County Civil District Courts – File lawsuits exceeding $200,000 or appeals from county courts. Texas Civil Practice and Remedies Code – Official statutes governing injury claims. State Bar of Texas Lawyer Referral Service – Find licensed attorneys if you are undecided.

San Antonio Accident Trends & Safety Initiatives

TxDOT’s data shows that I-10, Loop 410, and US-281 are among the city’s deadliest corridors. Meanwhile, pedestrian injuries surge during Fiesta celebrations and holiday weekends. Local Vision Zero projects have installed better crosswalk lighting downtown, but enforcement gaps remain. These trends underscore the need to know your rights and hold negligent parties accountable.

Take Action Today

If you or a loved one has been injured in Texas, do not wait. Evidence fades, witnesses relocate, and the statutory clock keeps ticking. Call Louis Law Group now at 833-657-4812 for a free, no-obligation case evaluation. We will review your claim, explain your options, and fight tirelessly for the compensation you deserve.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Always consult a qualified Texas personal injury lawyer regarding your specific situation.