Texas Personal Injury Law Guide for San Antonio Victims

11 min read

Introduction: Why Every Injured San Antonian Needs to Understand Texas Personal Injury Law

Accidents can happen anywhere, but densely travelled corridors such as I-35, Loop 410, and the Medical Center district make San Antonio particularly prone to serious injuries. According to TxDOT crash data, Bexar County regularly ranks among the top five Texas counties for traffic collisions. Slip-and-fall incidents at retail giants along Interstate 10, construction mishaps on the city’s booming northwest side, and faulty products sold throughout the region also drive thousands of claims each year. If you have been hurt in any of these situations, Texas law offers powerful—but time-sensitive—protections. Understanding those rights can mean the difference between recovering full compensation and walking away with mounting medical bills.

This guide, tailored for residents of San Antonio, Texas, explains:

• Key Texas statutes, deadlines, and court precedents that govern personal injury claims.

• How comparative fault works in Texas—and why insurance adjusters focus on it.

• Actionable, step-by-step instructions for auto accidents, slip-and-fall, workplace injuries, defective products, and wrongful death cases.

Local resources—from the Texas Department of Insurance to Bexar County courts—that can help you move your claim forward.

Victim-focused perspective: The Texas Civil Practice and Remedies Code gives injured individuals the right to pursue economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) from the parties whose negligence caused the harm. This guide leans slightly in favor of protecting those rights, while remaining fully compliant with state law and ethical rules.

Understanding Texas Personal Injury Law

1. Statute of Limitations

Texas generally provides two years from the date of injury to file a lawsuit. See Tex. Civ. Prac. & Rem. Code §16.003. Missing this deadline almost always bars your claim, so calendaring is critical. For wrongful death actions, the clock typically runs two years from the date of death. Certain exceptions—such as the discovery rule in latent disease cases or tolling for minors—may extend the period, but do not rely on exceptions without legal advice.

2. Negligence and Comparative Fault

Texas follows a modified comparative fault rule, also called "proportionate responsibility" (Tex. Civ. Prac. & Rem. Code §33.001). You may recover damages as long as you are not more than 50% responsible for the accident. However, your award is reduced by your percentage of fault. For example, a $100,000 verdict with 20% plaintiff fault becomes $80,000. Insurance carriers often exaggerate fault percentages, so documenting the scene and obtaining early legal representation can protect your recovery.

3. Damages Available

• Economic: Medical expenses, future treatment, lost earnings, diminished earning capacity.

• Non-economic: Pain, mental anguish, disfigurement, loss of consortium.

• Exemplary (punitive): Available when the defendant acted with fraud, malice, or gross negligence (subject to caps under Tex. Civ. Prac. & Rem. Code §41.008).

4. Damage Caps

Texas does not cap non-economic damages for standard personal injury claims except in medical malpractice and certain governmental liability cases. In medical negligence suits, non-economic damages are capped at $250,000 per physician and $250,000 per facility (max $500,000). Punitive damages are limited to the greater of (a) $200,000 or (b) two times economic damages plus up to $750,000 non-economic.

Common Types of Personal Injury Cases in Texas

Auto & Truck Accidents

With I-35 serving as a major NAFTA freight corridor, 18-wheeler collisions are an alarming problem in San Antonio. To prevail, an injured driver must prove: (1) duty of care, (2) breach (e.g., speeding, distracted driving, Hours-of-Service violations), (3) causation, and (4) damages. Evidence can include crash reports, electronic logging devices, and dash-cam footage.

Slip-and-Fall (Premises Liability)

Texas property owners owe varying duties depending on whether the injured person is an invitee, licensee, or trespasser. Retail shoppers are invitees, and businesses must warn of or correct unreasonably dangerous conditions they knew or should have known about. Surveillance video and incident reports are crucial.

Workplace Injuries

Unlike most states, Texas permits employers to opt out of the workers’ compensation system. If your employer is a "nonsubscriber," you can file a negligence lawsuit without the traditional workers’ comp limitations. Even when covered, third-party claims may exist (e.g., against equipment manufacturers). Consult the employer’s status on the Texas Department of Insurance coverage lookup.

Defective Products

Texas imposes strict liability on manufacturers and sellers when design defects, manufacturing flaws, or inadequate warnings cause harm (Tex. Civ. Prac. & Rem. Code §82.001 et seq.). Expert engineering testimony often proves the defect.

Wrongful Death

Surviving spouses, children, and parents may recover damages for loss of companionship, mental anguish, and financial contributions under Tex. Civ. Prac. & Rem. Code §71.002. Punitive damages are allowable if the death resulted from willful act or gross negligence.

Texas Legal Protections & Regulations

Insurance Requirements

Texas mandates 30/60/25 minimum auto liability coverage—$30,000 bodily injury per person, $60,000 per accident, and $25,000 property damage (Tex. Transportation Code §601.072). For commercial trucks, federal and state regulations require substantially higher limits.

Notable Court Decisions Impacting Injury Claims

• Werner Enters., Inc. v. Blake, 598 S.W.3d 418 (Tex. 2020) – Reaffirmed that even compliant truck drivers may share liability if actions are unreasonable under circumstances such as icy conditions.

• Reeder v. Wood Cnty. Energy, 395 S.W.3d 789 (Tex. 2012) – Clarified that indemnity provisions in oilfield contracts cannot waive gross negligence liability.

• Garcia v. City of Willis, 593 S.W.3d 201 (Tex. 2019) – Limited governmental immunity defenses when city employees’ actions pose special defects to roadway users.

Attorney Licensing & Advertising Rules

Personal injury lawyers must be licensed by the State Bar of Texas and comply with Texas Disciplinary Rules of Professional Conduct, including truthfulness in advertising (Rule 7.02). Always verify active status via the State Bar lawyer directory.

Local Court System Overview

Bexar County houses 14 civil district courts and several county courts at law. Injury lawsuits under $250,000 typically proceed in county court; higher-value or complex cases file in district court. Federal diversity or federal-question matters go to the U.S. District Court, Western District of Texas – San Antonio Division.

Step-by-Step Actions After an Injury

• Seek Immediate Medical Attention. Your health comes first, and prompt documentation ties the injury to the incident.

• Report the Incident. Call 911 after auto accidents; file an incident report with a store manager for premises cases; notify supervisors for workplace injuries.

Preserve Evidence.

• Photograph vehicles, hazards, and injuries.

• Collect contact information of all witnesses.

• Secure surveillance footage before it is overwritten (many systems recycle data after 30 days or sooner).

• Notify Insurers but Limit Recorded Statements. Texas insurers may request statements early. Provide basic facts, but avoid speculation or accepting blame until you consult counsel.

• Request an Official Crash or Incident Report. For auto collisions, obtain the CR-3 report from TxDOT within 10 days.

• Track All Expenses. Keep copies of medical bills, pharmacy receipts, and time-off records. These form the backbone of your economic damages.

• Consult a Qualified Personal Injury Attorney. Early representation helps counter aggressive adjuster tactics and ensures compliance with the two-year statute.

When to Seek Legal Help in Texas

You can settle a minor fender-bender alone, but certain red flags demand professional help:

• Disputed fault or multiple parties (e.g., chain-reaction crashes on I-37).

• Serious injuries requiring surgery, long-term therapy, or resulting in permanent impairment.

• Commercial defendant or "nonsubscriber" employer with sophisticated legal teams.

• Insurance adjuster insists on a quick, lowball settlement or records every phone call.

How Louis Law Group Can Help

Louis Law Group’s Texas-licensed attorneys investigate accidents, gather expert testimony, and negotiate aggressively with insurers. Our contingency-fee structure means you owe nothing unless we win. From reconstructing semi-truck crashes on I-10 to litigating complex product liability cases in Bexar County District Court, our firm protects San Antonio clients at every stage.

Local Resources & Next Steps

Texas Department of Insurance – Check insurance company licensing, file complaints, and review claims guides. Bexar County District & County Courts – Docket information, filing fees, and local rules. San Antonio Bar Association Lawyer Referral Service – Verify attorney credentials or seek second opinions. TexasLawHelp.org – Free legal forms and guidance for low-income Texans.

Legal Disclaimer: This guide provides general information about Texas personal injury law and is not legal advice. Laws change, and each fact pattern is unique. Consult a qualified attorney regarding your specific situation. Reading this content does not create an attorney-client relationship.

Ready to Protect Your Rights? If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free, no-obligation case evaluation. Time limits apply—act now to preserve evidence and maximize your recovery.