Texas Personal Injury Law Guide – San Antonio Insights

11 min read

Introduction: Why Knowing Your Rights in San Antonio Matters

Every year, thousands of San Antonio residents are hurt in car collisions on I-10, slip-and-fall accidents at local retailers, construction mishaps along the River Walk, or from dangerously defective products. When another person or business is responsible, Texas law gives you the right to seek compensation for medical bills, lost wages, pain and suffering, and more. Yet insurance companies often move quickly to minimize or deny legitimate claims. Understanding Texas personal injury law, the deadlines that apply, and the evidence you need can make the difference between a fair settlement and a denied claim.

This comprehensive guide—written for injured individuals in San Antonio, Texas—covers:

• The two-year statute of limitations and how it applies to different injury scenarios.

• Texas negligence and modified comparative fault standards.

• Common case types, from auto wrecks to wrongful death.

• Key state statutes, including damages caps and recent court decisions.

• Actionable, step-by-step advice immediately after an accident.

• When and how a San Antonio accident attorney can help level the playing field.

If you have questions while reading, call Louis Law Group at 833-657-4812 for a free case evaluation. We fight for the compensation injured Texans deserve.

Understanding Texas Personal Injury Law

1. Statute of Limitations – Generally Two Years

Under Texas Civil Practice and Remedies Code §16.003, most personal injury lawsuits must be filed within two years of the date of injury. Miss this deadline and the court will almost certainly dismiss your case, no matter how strong the facts.

• Motor-Vehicle and Slip-and-Fall Claims: Two-year period starts on the accident date.

• Wrongful Death: Two years from the date of death—not the accident—may apply.

• Minor Children: The clock is tolled until the child turns 18, but evidence preservation is still essential.

• Government Entities: You must file a formal notice of claim with the City of San Antonio within six months, and lawsuits must still be filed within two years.

2. Negligence and Comparative Fault

Texas follows a modified comparative fault rule with a 51% bar (Texas Civil Practice & Remedies Code §33.001-33.017). If you are 50% or less at fault, your damages are reduced by your percentage of responsibility; at 51% or more, you cannot recover at all. For example, if a jury awards $100,000 but finds you 20% at fault, you receive $80,000. This makes thorough investigation and aggressive advocacy critical.

3. Elements of a Negligence Claim

• Duty: The defendant owed a legal duty (e.g., drivers must obey traffic laws).

• Breach: The defendant failed to meet that duty.

• Causation: The breach proximately caused your injuries.

• Damages: You suffered actual losses—medical costs, lost income, pain, disfigurement, or wrongful death damages.

Common Types of Personal Injury Cases in Texas

1. Car, Truck, and Motorcycle Accidents

San Antonio’s rapid growth has made intersections like Loop 410 and Highway 281 among the state’s most accident-prone. Proving liability often hinges on police crash reports, dash-cam footage, and Texas Transportation Code violations. Commercial truck cases may involve federal hours-of-service rules, black-box data, and multiple corporate defendants.

2. Slip-and-Fall and Premises Liability

Property owners must repair or warn of unreasonably dangerous conditions they knew or should have known about. In a grocery-store spill case, you must show that staff had actual or constructive notice of the hazard. Surveillance footage and cleaning logs become key evidence.

3. Workplace Injuries

Texas is unique: employers are allowed, but not required, to carry workers’ compensation insurance. If your employer is a “nonsubscriber,” you may sue directly for negligence and recover damages like pain and suffering that workers’ comp usually bars. Even if the employer has coverage, third-party subcontractors can still be liable.

4. Product Liability

Defective airbags, prescription drugs, or child products may lead to strict liability claims against manufacturers and distributors. Plaintiffs must show defects in design, manufacturing, or inadequate warnings. Federal recalls can bolster your case.

5. Wrongful Death

Surviving spouses, children, and parents may recover pecuniary losses, loss of companionship, and mental anguish. An estate representative can also bring a survival action for the decedent’s pain and medical bills.

Texas Legal Protections & Recent Developments

1. Damages Caps

• Medical Malpractice: Non-economic damages (pain and suffering) are capped at $250,000 per physician and $250,000 per facility, up to $500,000 total.

• Government Defendants: Liability capped at $250,000 per person and $500,000 per occurrence for bodily injury; $100,000 for property damage (Tex. Civ. Prac. & Rem. Code §101.023).

2. Pre-Judgment Interest

Texas allows pre-judgment interest on damages starting 180 days after notice of claim or the lawsuit filing date. Timely notice can add significant value to your claim.

3. Notable Court Decisions

• In re Christus Santa Rosa Health Care Corp. (Tex. 2021): Clarified expert-report requirements in medical malpractice cases.

• City of San Antonio v. Riojas (Tex. 2022): Reaffirmed notice-of-claim strictness when suing municipalities.

• Cty. of Bexar v. Lopez (Tex. App.—San Antonio 2023): Emphasized prompt evidence preservation in road-defect cases.

4. Insurance Regulation

The Texas Department of Insurance oversees auto and liability carriers. Bad-faith practices—unreasonable delays, lowball offers—can support extra-contractual damages under the Texas Insurance Code.

Steps to Take Immediately After an Injury

1. Get Medical Attention First

Your health—and documentation—come first. Emergency care and follow-up visits create medical records that link injuries to the event. Skipping treatment lets insurers argue you weren’t seriously hurt.

2. Notify Authorities

• Auto Collision: Call SAPD and obtain a CR-3 police report.

• Workplace Injury: Report to a supervisor within 30 days if workers’ compensation applies.

• Premises Hazard: File an incident report with the property manager and keep your copy.

• Defective Product: Retain the product and its packaging—don’t ship it back yet.

3. Gather Evidence

• Photograph the scene, visible injuries, and any contributing factors (e.g., spilled liquid, missing handrails).

• Collect names and phone numbers of witnesses.

• Save medical bills, prescriptions, and wage-loss documentation.

• Keep a pain diary to record daily limitations and emotional distress.

4. Notify Insurance—Cautiously

You must cooperate with your own insurer, but you are not required to give a recorded statement to the at-fault carrier without counsel. Provide basic facts only: time, location, vehicles involved. Do not speculate about fault or injuries.

5. Preserve Your Claim

• Avoid posting accident details or photos on social media.

• Follow all medical advice and attend follow-up appointments.

• Consult an attorney before signing medical releases or settlement checks.

When to Seek Legal Help in Texas

Some minor fender-benders can be handled directly with insurers. However, you should speak with a seasoned personal injury lawyer Texas residents trust when:

• You sustained fractures, surgeries, or permanent impairment.

• A government vehicle or large commercial truck caused the crash.

• The insurer is disputing liability or offering a quick, low settlement.

• You are approaching the two-year statute of limitations.

• A loved one died due to negligence.

Louis Law Group has recovered millions for injured Texans. Our attorneys handle evidence preservation, negotiate with adjusters, and, if needed, take cases to trial in Bexar County courts. We work on a contingency fee—no attorney’s fee unless we win.

Local Resources & Next Steps

1. Government and Court Contacts

Texas Judicial Branch – access docket information and filing rules.

• Bexar County District Clerk – 101 W. Nueva, Suite 217; (210) 335-2113.

• City of San Antonio Risk Management – file notices of claim against city entities.

2. Legal Aid and Bar Referrals

San Antonio Bar Association Lawyer Referral Service: (210) 227-1853.

• Texas RioGrande Legal Aid: (888) 988-9996 for income-qualified residents.

3. Insurance and Consumer Complaints

The Texas Department of Insurance consumer hotline (800-252-3439) assists with unfair claim practices.

4. Take Action Now

The sooner you act, the stronger your claim will be. Evidence fades, witnesses move, and statutory clocks keep ticking.

If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation. We are ready to stand up to the insurance companies so you can focus on healing.

Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Every case is unique. Consult a licensed Texas attorney to obtain advice regarding your individual situation.