Texas Personal Injury Law Guide – San Antonio Rights

Estimated Read Time: 12 min read

Legal Disclaimer

This guide is for general information only and does not create an attorney–client relationship. Laws change, and every case is unique. For advice about your specific situation, speak directly with a licensed Texas personal injury attorney. If you have been injured, call Louis Law Group at 833-657-4812 for a free case evaluation.

Introduction: Why Understanding Personal Injury Rights Matters in San Antonio, Texas

San Antonio’s growth brings heavy traffic on I-10, busy tourist districts along the River Walk, and booming construction on the Far West Side. Unfortunately, rising activity means more auto collisions, workplace incidents, and premises injuries. According to 2022 crash statistics from the Texas Department of Transportation, Bexar County reported more than 42,000 motor-vehicle wrecks — the third-highest county total statewide. Beyond auto accidents, slip-and-falls at retail giants, oil-field equipment malfunctions, and even defective consumer products sold in area big-box stores regularly injure residents.

Understanding Texas personal injury law San Antonio is crucial because:

• Medical bills arrive fast, and insurance carriers begin their investigations immediately — often to minimize payouts.

• Texas imposes strict filing deadlines: wait too long and you can lose the right to compensation completely.

• Comparative fault rules may reduce your recovery if you are even partly blamed.

This comprehensive guide empowers injured individuals with clear, step-by-step information on how to protect their claims. We cover:

• Key Texas statutes and court precedents

• Common accident scenarios in San Antonio

• Practical steps to take after an injury

• When and how to hire a San Antonio accident attorney

• Local resources to move your case forward

1. Understanding Texas Personal Injury Law

1.1 Statute of Limitations

Under Texas Civil Practice and Remedies Code §16.003, most personal injury lawsuits must be filed within two years of the date of injury. Missing this deadline generally bars recovery. Exceptions exist for minors, certain toxic-exposure cases, or if the at-fault party leaves Texas, but they are narrow. Act promptly to preserve evidence and meet the two-year window.

1.2 Negligence Elements

To win a negligence claim in Texas you must prove four elements:

• Duty – The defendant owed you a legal duty (e.g., a driver’s duty to follow traffic laws).

• Breach – The defendant breached that duty through careless acts or omissions.

• Causation – The breach proximately caused your injury.

• Damages – You suffered actual losses (medical costs, lost wages, pain, etc.).

1.3 Modified Comparative Fault (51% Rule)

Texas follows a modified comparative negligence system (CPRC Chapter 33). If you are 50% or less responsible, your damages are reduced by your percentage of fault. At 51% or more fault, you recover nothing. Insurance adjusters often overstate claimant fault, so early legal representation can protect your percentage.

1.4 Damages Available

• Economic – Medical expenses, rehabilitation, lost income, property damage.

• Non-Economic – Pain, mental anguish, physical impairment, disfigurement.

• Exemplary (Punitive) – Possible when the defendant acted with gross negligence or malice. Capped under CPRC §41.008.

2. Common Types of Personal Injury Cases in Texas

2.1 Auto and Truck Accidents

San Antonio sees daily crashes on Loop 1604 and I-35. Texas drivers must carry minimum liability coverage of 30/60/25 ($30k per person, $60k per accident bodily injury, $25k property damage) under the Texas Department of Insurance. Commercial carriers are bound by federal and state trucking regulations, including hours-of-service rules and maintenance logs. To prove negligence, gather the police crash report, dash-cam footage, electronic logging device (ELD) data, and eyewitness statements.

2.2 Slip-and-Fall / Premises Liability

Retailers, apartment complexes, and theme parks owe invitees a duty to keep premises reasonably safe. You must show that the owner knew or reasonably should have known of the dangerous condition (e.g., wet floor, uneven sidewalk) and failed to fix or warn in time. Quick notice to the property manager and photographs of the hazard are essential.

2.3 Workplace Injuries

Texas uniquely allows most private employers to opt out of the workers’ compensation system. If your employer subscribes, you typically file a workers’ comp claim. If it does not subscribe, you may sue for negligence. Additionally, third-party claims (against a subcontractor or equipment manufacturer) may be available. OSHA logs, incident reports, and coworker interviews are key evidence.

2.4 Defective Products

Under Texas products liability law, manufacturers and sellers may be strictly liable when an unreasonably dangerous product causes injury. Claims can be based on design defect, manufacturing defect, or inadequate warnings. Preservation of the product and expert analysis are vital.

2.5 Wrongful Death

If negligence results in death, a surviving spouse, children, or parents may file a wrongful death action (CPRC §71.002). A two-year statute still applies, and damages can include loss of companionship, mental anguish, lost earning capacity, and funeral expenses.

3. Texas Legal Protections & Recent Court Developments

3.1 Damage Caps

• Medical Malpractice: Non-economic damages are capped at $250,000 per physician and $250,000 per facility, with an overall ceiling of $500,000.

• Punitive Damages: The lesser of (a) $200,000 or (b) two times economic damages plus non-economic damages up to $750,000 (CPRC §41.008).

3.2 Governmental Immunity

Suing a city or state agency (e.g., VIA Metropolitan Transit bus accident) requires compliance with the Texas Tort Claims Act: written notice within 180 days and a damages cap of $250,000 per person / $500,000 per occurrence.

3.3 Recent Appellate Decisions Impacting Claimants

• In re Allstate Indemnity Co. (Tex. 2022) – Reaffirmed that recorded statements taken by insurers soon after crashes may be discoverable; encourage injured parties to obtain counsel before speaking on record.

• JBS Carriers, Inc. v. Washington (Tex. 2020) – Clarified direct-negligence and vicarious-liability theories can be pled simultaneously against trucking companies.

3.4 Attorney Licensing & Ethical Rules

Texas lawyers must be licensed by the Supreme Court of Texas and follow the Texas Disciplinary Rules of Professional Conduct. Contingent-fee agreements must be in writing, providing transparency on attorney percentages and litigation costs.

4. Practical Steps to Take After an Injury in San Antonio

Step 1: Seek Immediate Medical Attention

Even minor discomfort can mask serious harm like traumatic brain injury or internal bleeding. Prompt care from Methodist Hospital, University Hospital, or another local provider documents your condition and creates an essential medical record.

Step 2: Report the Incident

• Auto crash: Call SAPD or Bexar County Sheriff; obtain the CR-3 Police Crash Report.

• Slip-and-fall: File a written incident report with store management.

• Workplace injury: Notify your supervisor within 30 days (if workers’ comp) and complete DWC-041.

Step 3: Collect and Preserve Evidence

• Photograph the scene, hazards, vehicle damage, and injuries.

• Secure contact info for eyewitnesses.

• Save invoices, medical records, and out-of-pocket receipts.

• Keep a pain journal noting daily limitations.

Step 4: Notify Insurance Companies – But Cautiously

Provide basic facts only. Do not give a recorded statement or sign medical release forms until you consult counsel. Insurers may search for pre-existing conditions to reduce payouts.

Step 5: Consult a Qualified San Antonio Accident Attorney

Most personal injury lawyers offer free consultations. Early retention lets your attorney:

• Order black-box vehicle data or surveillance footage before it is lost.

• Communicate with adjusters so you focus on recovery.

• Calculate full damages, including future care and diminished earning capacity.

5. When to Seek Legal Help

You may handle minor property-damage-only cases alone. However, hire counsel when:

• You suffer fractures, surgery, or prolonged pain.

• Liability is disputed or multiple parties are involved.

• An insurer offers a quick, low settlement.

• Fault allocation could exceed 51% without strong advocacy.

Louis Law Group fights for injured Texans. Our attorneys build evidence-based claims, negotiate aggressively, and, when necessary, file suit in Bexar County District Court or federal court. We work on contingency — no fees unless we win.

6. Local Resources & Next Steps

Courts & Agencies

Bexar County District Courts – Civil actions over $200, including serious injury lawsuits. Texas Department of Insurance (TDI) – File complaints against insurers; review policy requirements. San Antonio Bar Association – Lawyer referral and community legal clinics.

Statutory & Procedural References

• Texas Civil Practice & Remedies Code §§16.003, 33.001-.017, 41.001-.013

• Texas Rules of Civil Procedure – Discovery and filing requirements.

• Federal Motor Carrier Safety Regulations – For interstate trucking cases.

Take Action Today

Time is not on your side. Evidence fades, witnesses relocate, and statutory deadlines approach quickly. Protect your health, your finances, and your family’s future.

Call Louis Law Group at 833-657-4812 for a FREE case evaluation. Our team is ready 24/7 to help San Antonio residents pursue maximum compensation under Texas law.