Texas Laws that Affect Your San Antonio Personal Injury Case | Carabin Shaw Lawyers
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If you are suffering from serious injuries sustained in a car accident, slip and fall, medical malpractice, product liability, dog bite, etc., in Central Texas and believe negligence was the cause, you may have grounds to pursue a personal injury case. The crux of your case will depend on you and your attorney’s ability to prove that the defendant, or the accused party, was indeed negligent and that their carelessness directly caused your injuries and suffering. Don’t settle for a low settlement or subpar legal representation. Call the San Antonio personal injury lawyers at Carabin Shaw today at 1-800-862-1260 to schedule your free case review.
Pursuing litigation can be overwhelming, especially while also dealing with serious injuries, managing missed work, facing mounting bills, and more. Trust our expert legal professionals in San Antonio, Texas, to assist you in managing the most challenging aspects of your case while you prioritize healing and recovery. Contact Carabin Shaw to learn how we can help maximize your compensation and get you the justice you deserve.
Texas Laws That Personal Injury Victims and Their Families Should Be Familiar WithWhile you aren’t expected to have the knowledge of a Texas lawyer, there are a few laws to be aware of that will directly affect your case if you should choose to pursue one.
Take note of the following common laws affecting personal injury claims:
- Statute of limitations, or time limit within which you can pursue your case: In most cases, victims have two years from the date of injury to file their personal injury lawsuit.
- Proportionate responsibility/modified comparative negligence: This law establishes how fault is distributed, recognizing that multiple parties may be at fault for a single accident. The 51% bar rule states that victims who are found less than — you guessed it, 51% responsible — can still sue for damages, but the amount will be reduced by their percentage of fault. If you are found 30% responsible, for example, you will be awarded 70% of the total damages.
- Negligence: The burden of proof for these personal injury cases lies with the plaintiff, or victim, and their attorney. This means that your team must provide sufficient evidence to illustrate negligence. This requires demonstrating that the opposing party failed to provide reasonable care and that that lack of care directly led to your injuries, pain, and suffering as a result.
- Premises liability: In most cases, property owners owe visitors “a duty of care,” which means an obligation to act to avoid causing harm to others. This includes “invitees,” like customers, and “licensees,” like social guests. If you were an independent contractor injured while employed and working on improvements to a commercial property, however, you may not be eligible to pursue a personal injury claim. You may still be able to pursue a work injury case, though. Speak with a local attorney as soon as possible to discuss your legal options.
- Product liability: Manufacturers are primarily responsible for defective products, but sellers, distributors, retailers, and suppliers may also be held accountable. Because of the complexities surrounding such cases, it is strongly suggested that you discuss your potential case with a local lawyer.
This list of Texas personal injury laws is not extensive, and there are many more specifics to discuss, including the extent of damages available. Most trustworthy law firms, like Carabin Shaw, offer free case reviews for all potential clients to examine their legal options without financial strain. Discuss your case with an attorney in San Antonio as soon as you can and learn more about specific laws and regulations that may affect your claim in Central Texas.
When to Call a Personal Injury Attorney After an Accident in San Antonio TXThe fallout of a severe accident includes physical injuries, emotional burdens, financial strain, and much more, and can impact most aspects of a victim’s life. With that in mind, it’s no surprise that many injured individuals often take an initial settlement offer from the opposing party’s insurance agency. It is strongly advisable, however, to reach out to a legal professional as soon as possible after an accident to discuss your options and maximize your compensation.
Contact a personal injury attorney in San Antonio TX as soon as you are able if any of the following are true:
- You are suffering with severe, debilitating injuries
- You have significant property damage
- Fault is unclear, or multiple parties are involved
- The insurance company is denying your claim
- Your accident involved a commercial vehicle or pedestrian
- You have severe emotional trauma
- You are unable to work and are accruing lost wages as a result
At Carabin Shaw, our team understands the hardships victims of negligence and their families face. We offer a FREE initial consultation to learn more about the legal process and answer any initial questions you may have. Our San Antonio injury attorneys also provide their services on a contingency fee basis, meaning you don’t pay unless you win. For your convenience, we also have English- and Spanish-speaking staff to assist you.
Hear directly from our past clients about their positive experiences, and call Carabin Shaw 24/7 to schedule your free case review today at 1-800-862-1260.
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