How to File a Personal Injury Claim in San Antonio, Texas

People who endured injuries in San Antonio, Texas, due to another party’s negligence have the right to sue them for compensation, but most people don’t know how to do it or even where to start. While lawsuits don’t necessarily require a lawyer to file a personal injury claim with the court clerk, the aid of a legal professional means a much higher chance of success.

The San Antonio lawyers at Carabin Shaw know the Texas court system, and we can help you file a timely lawsuit and maximize your compensation. We offer our services on a contingency-fee basis, so you don’t have to worry about legal fees; no money is owed unless your case is won. Call our toll-free number today at 800-862-1260 today to schedule a free case review and learn more about your legal options. Someone is available to speak with you 24/7.

For an injured party to qualify for legal compensation, the other party’s actions must meet the requirements for negligence. There are five components of negligence necessary for a personal injury claim in San Antonio, and they are:

1. Duty of care: The general or explicit duty not to harm others or to exercise caution to prevent injury. Some duties of care are created by the nature of a relationship, such as business owners and consumers.
2. Breach of duty: Failure to prevent foreseeable harm.
3. Injury: The court justifies compensation based on injuries, also known as damages.
4. Proximate cause: The breach of duty must have caused the injury.
5. In-fact cause: The harm must have depended on the breach of duty. In other words, the harm would not have happened if it had been for the negligent act.

Once a plaintiff’s (injured victim’s) lawyer has collected evidence to prove negligence and liability, the plaintiff’s legal team will compute damages to demand adequate compensation to cover losses. A free personal injury case review at Carabin Shaw can benefit injured parties wondering if a lawsuit will be worth the time and expense.

The possible liable parties in a personal injury claim depend upon the type of accident. In a passenger vehicle accident, both parties may be wholly or partially liable. In a San Antonio, Texas, commercial vehicle accident, the business that owns the commercial vehicle may also be liable.

Employers may be liable for employee injuries through vicarious liability, or the doctrine of respondeat superior in Texas. In some work injury cases, a third party may open the doors to a personal injury claim outside workers’ compensation.

A skilled San Antonio personal injury lawyer understands compensable damages and how to compute them in a way that maximizes compensation. This includes seeking damages for economic and noneconomic damages, such as:

• Medical bills
• Property damage
• Lost income
• Pain and suffering
• Emotional suffering
• Disfigurement
• Disability
• Loss of relationships
• Inconvenience

Calculating the value of your damages is one of the essential steps to file a personal injury claim in San Antonio, and you must submit evidence to prove all losses. This may include photographic evidence, individual and expert testimony, and financial statements. Securing maximum compensation is critical to address immediate and long-term costs arising from the accident. Remember, if you agree to a settlement or a court decides your case, you lose your chance to sue again about the same thing.

In addition to economic and noneconomic damages, the court may award punitive damages. This is typically reserved for cases of gross negligence where the court wants to deter future negligent acts or punish especially egregious acts.

Once you and your legal team have collected evidence to prove liability and damages, you must file a lawsuit with the Bexar County District Clerk’s office. Your San Antonio personal injury attorney will file this electronically to begin litigation. Most cases do not go to trial, as negotiating a settlement can mutually benefit both parties.

At Carabin Shaw, we smooth the path to compensation so you can focus on your physical and emotional recovery. Read our client reviews to find out why we have so many devoted clients, and call us today to learn more about your legal options. We have English- and Spanish-speaking staff available for your convenience.

For more information:

• Texas Bar
• Texas Statutes 41
• Bexar