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Does My Case Qualify for a Personal Injury Lawsuit

Every year, accidents permanently change the lives of victims and their families across the San Antonio area. After suffering injuries from a serious accident, these victims may ask: does my case qualify for a personal injury lawsuit? The state of Texas has a clear set of guidelines determining who may sue for compensation for their injuries. It is helpful to review these criteria before contacting a personal injury lawyer to review your case.

Was Your Accident Caused by the Negligence of Another?

The most important thing to establish when considering your eligibility to file a personal injury lawsuit is any liable parties for your accident. Once your attorney determines the liable parties, they can file a claim to sue these parties for fair compensation.

According to Texas law, a persona can be found liable in a personal injury lawsuit if:

  • They owed the plaintiff a duty of care
  • They breached this duty of care either through gross negligence or wrongful act
  • This breach directly or indirectly caused the plaintiff’s injuries

What does it mean to owe a “duty of care”? In the following examples, the defendant would be considered financially liable in a personal injury lawsuit.

If your accident resembles any of these scenarios, you may be eligible to sue for financial compensation.

  • A tenant who sustains third-degree burns because their landlord failed to abide by state fire safety regulations
  • A child who is injured when supervised by a negligent or abusive childcare worker
  • A driver who is killed in a collision with a drunk or impaired commercial driver
  • A patient who sustains serious infection because a medical professional failed to practice adequate hygiene

These are only a few common examples; no matter the situation, if another’s negligence was partly or wholly to blame for your accident injuries, you have the right to file your claim. If you are unsure who can be held legally liable for your accident injuries, consult with a qualified personal injury attorney in San Antonio.

Have You Exceed Texas’ Statute of Limitations?

A statute of limitations is “a statute prescribing a period of limitation for the bringing of certain kinds of legal action.” The state of Texas has a strict statute of limitations for personal injury lawsuits. Accident victims have two years from the date of their injuries to file a personal injury lawsuit. If victims fail to do so , they may forfeit their right to sue for fair compensation. To ensure you do not exceed this limit, it is important to contact a San Antonio personal injury attorney right away.

Call the San Antonio Attorneys at Carabin Shaw

Before you can file your personal injury claim, you will need to find the right personal injury lawyer. There are a number of personal injury attorneys serving the San Antonio area — why should victims and their families choose Carabin Shaw to represent their claim?

At Carabin Shaw, our team of excellent accident attorneys are dedicated to ensuring victims and families receive the justice they deserve. We are proud to offer:

  • Thirty years of experiencing representing accident victims statewide
  • Our specialized knowledge of Texas personal injury law
  • No-cost, no-obligation initial consultations
  • Efficient, on-time filing of all important legal documents
  • 24/7 English and Spanish-speaking staff
  • Bilingual attorneys for our Spanish-speaking clients
  • The time, dedication, and passion required to represent the best interests of each and every accident victim

We are honored to represent the rights of each and every one of our clients. If you would like to schedule your no-cost, no-obligation case review with the Carabin Shaw personal injury attorneys in San Antonio, call our office toll-free at 800-862-1260.


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