Understanding Texas Personal Injury Laws - San Antonio Injury Attorneys, Free Case Review

Accident victims have the right to sue the person or company responsible for their injuries, but San Antonio victims often have questions when it comes to Texas personal injury law. Calling a lawyer and explaining the circumstance surrounding an accident, in addition to asking questions, can help victims find a successful path to compensation for their losses.

If you want help from an experienced legal team you can trust, call the San Antonio personal injury attorneys at Carabin Shaw. Call our toll-free number at 800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff available 24/7 to take your call.

In Texas, courts award compensation in personal injury lawsuits using the Texas Civil Practice and Remedies Code. This document has separate chapters for several types of liability claims, including:

• Vehicle owner/operator liability
• Products liability
• Premises liability
• Medical liability
• Landowner’s liability

Texas personal injury laws establish the parties whom the court can hold liable, who can receive benefits, and who is immune from liability claims. Hiring a lawyer is instrumental in understanding the legal viability of a lawsuit.

Most personal injury lawyers in San Antonio have cases based on negligence, which means that the defendant’s failure to perform a certain duty caused the plaintiff’s injuries. Texas is a comparative negligence state, which means that more than one person can share in the responsibility for injuries.

Examples of comparative negligence cases often occur in multi-vehicle accidents or in accidents where the suing party shares some of the liability for the accident. In cases where the plaintiff shares more than 50% of the fault, the court will not award any compensation. In cases where there is more than one at-fault party, the court will split the judgment proportionately. Hiring an experienced attorney ensures that you can hold the appropriate parties responsible for your injuries.

In personal injury claims in Texas, there are some entities that are immune from liability or have limited liability. This includes:

• State government
• County government
• City government
• School districts
• First responders and good Samaritans in emergencies
• Employers that subscribe to worker’s compensation

Sovereign immunity is based on antiquated British common law, and as a result, American legislators have modified it in the interest of justice. The Texas Torts Claims Act determines when the Texas government can be liable in a court of law.

The limited liability imposed on first responders, and good Samaritans is meant to encourage individuals to help when they can in emergency situations without fear of subsequent litigation. Finally, Texas employers subscribe to worker’s compensation insurance to provide coverage to employees while also limiting their liability, as injured employees must use the worker’s compensation system to seek compensation for most workplace injuries.

In a personal injury case in San Antonio TX, the Texas Civil Practice and Remedies Code allows the court to compensate individuals for the following damages:

• Economic: Medical expenses, repair costs, lost income, travel
• Noneconomic: Pain and suffering, mental anguish, loss of consortium
• Punitive: Exemplary damages meant to punish the defendant for gross negligence

A lawyer specializing in personal injury cases can help a victim to identify and quantify all their losses to maximize a claim.

At Carabin Shaw, our team of top attorneys is well-versed in Texas personal injury law, will help you navigate the legal system, and ultimately win your lawsuit. We encourage all potential clients to read our client reviews, and find out how we’ve helped our clients receive the compensation they deserve. We offer our services on a contingency-fee basis, so our clients don’t have to worry about upfront legal costs.

For more information:

• Statutes Capitol Texas
• Cornell Law
• City of Denton