Do I have a Personal Injury Claim? | San Antonio Lawyers
No matter how much precaution you take in life, accidents still happen, and sometimes with very serious consequences. If you or a loved one has been injured in San Antonio recently, and you believe it is due to the fault of another person, entity, or company, you may be wondering, “Do I have a personal injury claim?” You may have even begun searching the term “top personal injury lawyers near me,” to get started finding a lawyer.
But there are many considerations to take into account before filing a lawsuit including liability, damages, and statute of limitations, but the San Antonio personal injury attorneys at Carabin Shaw are here to help you with any and all of your questions. There are also specific attributes and qualities you should look for when searching for San Antonio accident attorneys. Read on to learn more about personal injury claims and your search for a good attorney.What is Liability?
In short, the term “liability” refers to fault in a case. Typically, your attorney must demonstrate in a court of law that your accident and injury was caused by a third party.
That’s why it’s crucial that when your lawyer asks you about the specifics of the accident, you need to be honest if any of it was your fault—for example, by not following rules.
On the other hand, you will be able to demonstrate negligence and liability on behalf of a third party if, for example:
- In a car accident case, a third party ran a stop sign, or were speeding.
- If a store does not clean up a spill on the floor, or doesn’t post signs warning customers about it, and someone slips and falls.
- In products liability cases, your lawyer will look to demonstrate that the manufacturer’s product was defective.
- In a swimming pool accident, a homeowner left the gate open and a child drowned.
All of these examples above hinge on your lawyer proving that the defendant both had a duty of care to you (for example, in a premises liability case, a homeowner has a duty to make sure their property is not dangerous to guests), and that they breached this duty. Ultimately, you are proving that their negligence caused your injury.
Also remember that liability can be shared. For example, if you are found 25% liable for the accident, then you will receive 75% of the total compensation awarded. However, if your liability is found to be 51% or higher, you will not receive any compensation.Damages
The next thing your attorney will look over and analyze is damages, both economic and non-economic. Economic damages include items with definitive monetary value, such as:
- Past, present, and future medical expenses, including surgeries or ongoing rehab and therapy
- Missed work and loss of income (including loss of future wages/potential earning capability)
- Funerary costs
Non-economic damages include items that don’t have a definitive monetary value, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium/companionship
- Punitive damages
- Wrongful death
In Texas you have two years from the date of your accident to file a claim. That is why it is imperative to contact an attorney as soon as possible after you have received medical treatment.What To Look For When Searching San Antonio Personal Injury Attorneys
If you want to pursue a claim, then you need a lawyer. He or she will review your case, consult experts, estimate the value of your damages, and help protect you from insurance companies who will try as hard as they can do give you much less money than you are owed, as well as advising you against anything that will cast blame on you or your family.
There are several things to look for when you type “Top personal injury lawyers near me” into your computer’s search bar, including extensive experience with your specific accident claim, stellar reviews from former clients, demonstrated past results, and a clear, fair, and transparent fee structure.Next Steps: Free Initial Consultation with an Experienced Attorney
If you’ve been injured in an accident recently and are wondering, “Do I have a personal injury claim?”, then please call the expert San Antonio accident attorneys at Carabin Shaw. They’ve been practicing law in San Antonio for many years and have won over $500 million for their clients. Call 210-222-2288 today for a no-cost, no obligation consultation with a lawyer. You have nothing to lose.