Hurt in an Accident in San Antonio, TX?
Get a personal injury attorney who knows how to fight
Getting hurt in an accident that wasn’t your fault can have lasting consequences. Your ability to work may be limited. Your family life changes. Your future is uncertain. Under Texas law, you’re entitled to be made whole financially – but you have to fight for it. The San Antonio personal injury attorneys at the Herrera Law Firm can help you take strong legal action to hold the responsible parties accountable for their negligence and fight for the compensation you need to rebuild your life. Contact us today for a free consultation.
Accidents can happen fast, and the consequences just snowball from there. Medical bills pile up. You may not be able to work and earn a living, but your regular bills still need to be paid – housing, utilities, and more. You might have to hire someone to take care of tasks you can no longer do yourself. You’re in pain, and your relationships and hobbies are affected as well. If you don’t take strong legal action, you might end up having to pay all those expenses out of your own pocket.
Insurance companies can be uncooperative. Injuries can be painful. That’s why we put our extensive resources and skills towards helping injured victims receive the compensation they need to get their lives back on track. Fight smart after you’ve been injured in an accident. If someone’s negligence caused you harm, you have legal recourse. Our experienced San Antonio, TX personal injury lawyers can fight for the compensation you rightfully deserve.
We handle all types of personal injury cases
Our law firm has decades of experience handling all types of personal injury cases in San Antonio and throughout Texas. We stand up for people injured in premises liability claims caused by dangerous conditions. Property owners and managers have a legal responsibility to keep their premises safe, and when they don’t do so, we hold them accountable.
We have extensive experience fighting for the rights of consumers injured by dangerous and defective products. Manufacturers have a legal responsibility to ensure their products are safe and to give consumers appropriate warning of any dangers.
We hold negligent institutions responsible for harming our elders in nursing home abuse and neglect cases.
In addition, we’re honored to stand up for families who have lost loved ones due to negligence in wrongful death claims. No legal action can bring your loved one back, but we will fight for accountability, closure, and financial security for the people left behind.
We have the experience and resources to handle a range of other personal injury accidents as well. Whatever type of accident you’re dealing with, our personal injury lawyers want to meet with you to learn more about your case. That way, we can offer you the best advice on how to get the outcome you need and deserve.
The key elements of a personal injury case
In order to file a personal injury claim, you need to show your injury was a result of negligence; that is, someone else’s careless action or inaction caused you to be hurt. Establishing negligence in a personal injury claim requires four elements:
- Duty of care: the at-fault party had a legal responsibility to act with proper care in the situation. For instance, property owners have a duty of care to ensure their premises are free of hazards or to warn people on the premises of any known hazards.
- Breach: the duty of care was not met, causing a dangerous situation. This is assessed using the “reasonable person” standard – we look at what a reasonably careful person would have done (or not done) under the same circumstances.
- Causation: the at-fault party’s breach of duty must be the proximate cause of your injury. It’s not enough to show that someone was careless in the vicinity – for instance, someone who was texting and driving can’t be sued for an accident that happens down the street. Their negligence had to actually cause your injury.
- Damages: you suffered real harm because of the at-fault party’s action or inaction.
This is the general outline of any personal injury claim, but different legal standards apply to different situations. Specific types of injuries in Texas, such as product liability, use the doctrine of strict liability, which means it is not necessary to prove negligence. An experienced personal injury attorney can analyze your situation and determine which legal standards apply to your case.
We demand full value for your accident
The goal of a personal injury lawsuit is to recover damages, a legal term for financial compensation. Depending on the circumstances of your personal injury, you may be eligible for several different types of damages. Economic damages are compensation for objectively measurable losses that can be tied to a specific dollar figure, such as:
- Medical expenses including ambulance fees, hospital bills, surgery, medication, medical devices, home care, physical therapy, and any other medical treatment you need for your injury. This also includes future treatment – if you hurt your knee and you are now more likely to need a knee replacement in the future, that should be paid for.
- Loss of income: if you’re unable to work for some time while you recover from your injury, you should be able to get compensation for the wages you lost during that time. If your injury will affect your long-term earning potential, those future losses should be included as well.
- Replacement services: you may be unable to complete certain tasks because of your injury, such as childcare, yard work, maintenance, and cleaning. Your claim should include the reasonable cost of hiring someone to complete those tasks.
- Modifications to your home or vehicle to accommodate a permanent disability.
- Vocational rehabilitation (e.g. job training) if you need to change careers because of your injury.
- Property damage, including repair, replacement, or diminished value of any damaged property, as appropriate.
We can also pursue non-economic damages, which are more subjectively determined (but no less real) losses that you have experienced because of the injury. Non-economic damages may include:
- Pain and suffering, emotional distress, and mental anguish you have experienced as a result of the injury. If you have chronic pain, this can be quite substantial.
- Physical impairment that affects your quality of life, for instance, if you cannot participate in sports or hobbies because of an injury.
- Disfigurement if your appearance is maimed or otherwise cosmetically affected due to the injury.
- Loss of consortium, a legal term for loss of love, affection, companionship, protection, and care due to injuries. Loss of consortium damages can be recovered by the spouse, parent, or child of the injured person.
In certain circumstances, we may be able to pursue exemplary damages (called punitive damages in some other states), which are intended to punish the at-fault party for particularly reprehensible conduct. Under Texas law, exemplary damages can be pursued when the injury was a result of fraud, malice, or gross negligence – an act (or omission) that was known to have an extreme degree of risk and committed with conscious indifference to others’ rights, safety, or welfare.
One key reason why you need a personal injury lawyer is that we can analyze your situation and determine the full amount of damages you’re entitled to receive by law. Remember, you only get one shot at full compensation for your injuries, and you can’t afford to miss it.
We know how to deal with the insurance company after an accident
When you add up all the potential damages – medical bills, lost income, pain and suffering, and so on – the full cost of a personal injury can easily be in the hundreds of thousands or even millions of dollars. For the insurance company, that’s a threat to their bottom line. They make their money by collecting premiums and then reducing, delaying, or denying claims when it’s time to pay up. Their attorneys and adjusters use a broad range of tactics intended to pay injured Texans as little as possible: asking loaded or leading questions, demanding unreasonable amounts of paperwork, making “lowball” settlement offers, and even manipulating people into blaming themselves for their injuries.
There are two things you have to keep in mind when you’re dealing with an insurance company after an accident. First, no matter how many times they say it, they aren’t on your side. It’s not personal, just financial incentives: they save money by paying you as little as possible. Second, once you take their money, that’s it. Your case is closed and you can’t go back for more if the cost of your injury turns out to be higher than you thought.
That’s why it’s so important to talk to an experienced San Antonio personal injury attorney right away, before you talk to the insurance company. We can handle negotiations with them on your behalf so you can rest assured that your rights are protected. We have the experience needed to counter their tactics and fight back.
A personal injury may include acts that are intentional, or they may be the result of negligence. In either case, it’s important to take immediate action if you sustain a personal injury. Texas has laws which puts a deadline (known as the statute of limitations) for how much time you have to file a legal claim, including filing a personal injury lawsuit.
How a San Antonio personal injury lawyer can help you
When you meet with us in a free consultation, we’ll explain your legal options and how we may be able to help. If you choose to hire us, we’ll immediately contact the insurance company and any other involved parties to let them know they can send all further communications to your attorney. We then launch a full investigation to get to the bottom of your accident – how it happened, why it happened, and who was responsible.
Personal injury law allows victims to seek financial compensation from the person or entity that has caused the loss and suffering. How much is your case worth? That depends on numerous questions, including:
- Were you partially responsible for your accident?
- Did you have any pre-existing medical conditions?
- Did you wait to seek medical treatment after your accident?
- Was a business aware of hazardous conditions but failed to correct them?
In many cases, injury victims are approached soon after accidents by insurance companies seeking to resolve these cases by offering a financial settlement. The offers might seem generous at first, but in many cases, they’re “lowball” figures. Never accept a settlement offer without discussing it with an attorney first. We know how to calculate the full amount of damages you deserve for all the costs of the injury.
We know how to win, because we know how to fight. We take a hard line in negotiations with the insurance company, and they know our reputation. Usually, they offer a fair settlement once they realize we know how to make them pay. If they don’t, we’re always prepared to take them to court.
How much does it cost to hire a personal injury attorney?
When you’re dealing with medical bills and unable to work, the last thing you need is a bill from a lawyer. That’s why we work on a contingency fee basis. You don’t pay us a penny out of pocket, and we advance the costs needed to move your case forward. If we win, our fee is a percentage of the money we recover for you. If we don’t win, we don’t get paid. It’s that simple.
The real question is how much it costs not to hire an attorney. Studies have shown that accident victims receive more compensation when they hire an attorney compared to those who don’t, even when attorney’s fees are taken into account. We know how to level the playing field with the insurance company and pursue the full amount of compensation you deserve.
How long do I have to file a personal injury claim in Texas?
For most personal injury claims, the statute of limitations (legal deadline) in Texas is two years from the date of the injury. In wrongful death claims, the statute of limitations is likewise two years from the date of death. However, different time limits may apply in certain situations. You need an attorney to analyze your situation and the applicable laws to ensure you can take advantage of all your legal options.
The legal deadline isn’t the only consideration, though. Remember, while you’re recovering from your injuries, the insurance company likely has investigators actively searching for information involving your case, whether it’s sending someone to the scene of the accident or interviewing witnesses. They’re searching for evidence that they can use to deny your claim. The sooner you hire an attorney to start your own investigation, the better.
As your attorney, we will search for every piece of evidence to build a strong legal case. Whether it’s reviewing accident reports or consulting with accident reconstruction experts, we will leave no stone unturned. This has to be done promptly, because evidence disappears with time. Witnesses forget what they saw. Camera footage is overwritten. Physical evidence is washed away by weather. The insurance company will use that uncertainty to its advantage, so we work hard to deny them that advantage.
Fight smart. Win big. Get the Herrera Law Firm today.
Our work on personal injury cases is about much more than money. It’s about leveling the playing field so you aren’t pushed around by the insurance company. It’s about making San Antonio safer: when we hold negligent people and businesses accountable for their actions, we prevent similar accidents from happening to someone else. Above all, we’re in this fight to help you move forward, both by getting accountability and closure for the accident, and by securing the money you need to rebuild your life.
Our attorneys know how to fight – and how to win. Let us get started on your case. Contact us today for a free consultation with an experienced San Antonio personal injury attorney.