When Can Motorcycle Accident Victims Sue for Injuries in San Antonio? Texas Attorneys

If you’ve suffered injuries in a recent San Antonio motorcycle accident that wasn’t your fault, you’re likely still recovering from serious injuries wondering how to get compensation for your damages. Filing a lawsuit is an option, and speaking to a qualified lawyer will help you determine if you have a case.

The San Antonio TX motorcycle accident attorneys at Carabin Shaw have decades of experience in personal injury cases involving motorcycle accidents, and we encourage you to call our toll-free number at 800-862-1260 to schedule a free consultation. We offer our services on a contingency-fee-basis, and someone is available to answer the phone 24/7 and make sure you are taking the best first step to financial recovery after an accident.

To sue for injuries after a San Antonio motorcycle accident, the defendant (or accused party) must have legal liability for the damages. Tort law establishes liability, which usually involves negligence, gross negligence, or willful misconduct.

While willful misconduct is purposeful harmful behavior, negligence may be completely accidental. For a person to be negligent, their actions must meet four criteria:

1. A duty of care was owed to the victim
2. There was a breach of duty of care
3. Harm resulted
4. That harm was directly caused by the breach of duty

If the motorcycle accident in San Antonio Texas happened because of a defendant’s negligence, the court will hold them liable. They may also include punitive damages in cases of willful misconduct or gross negligence.

Once liability is established, a motorcycle accident injury lawyer will help you to compute and prove your damages, so you can file a claim that adequately addresses your losses. The compensable damages you may claim in a lawsuit include:

• Economic losses: Medical bills, repair bills, loss of income, travel expenses
• Noneconomic losses: Pain and suffering, emotional anguish, loss of consortium, loss of life enjoyment

You and your attorney must discuss your damages so that you can provide proof of economic losses and a compelling argument for the valuation of your noneconomic losses. Damages like pain and suffering are individual and subjective. Still, your lawyer has the benefits of case law, agreed-upon formulas, and evidence to quantify your losses in a manner that maximizes compensation.

Unfortunately, 1.3 motorcyclists, on average, die every day in Texas because of motorcycle accidents. If another party was at fault, the family members of the deceased may have cause for a wrongful death lawsuit.

In a wrongful death suit, the spouse, children, or parents of the deceased may claim damages. These damages reflect the losses of the family, such as loss of income and support. If the accident victim lived for a short while after the accident, the case may shift to one with a survival cause of action, which delivers compensation as if the deceased were still alive. Discussing your case with an experienced personal injury lawyer at Carabin Shaw will help you determine what type of lawsuit to file and whether you have a strong case.

If you’ve suffered severe injuries during a motorcycle accident, the best way to recover financially is to seek compensation from the at-fault party. Hiring an experienced and skilled legal team is the best way to ensure fair compensation.

At Carabin Shaw, our team has decades of experience in personal injury law, and we know how to expedite your legal journey. We have English- AND Spanish-speaking staff available for your convenience, and our goal is to provide you with the best legal advice available in a way that helps you to understand your legal options. Read our client reviews, and find out how we’ve helped previous clients in cases similar to yours. Then, call today for a quality legal team you can trust.

For more information:

• Statutes Capitol Texas
• DoT Texas
• Statutes Capitol Texas