Texas Injury Law Guide - The Law Firm of Oscar A Garza

Introduction

Accidents can happen in a split second, turning an ordinary day into a life-changing ordeal. In San Antonio and the surrounding South Texas communities, thousands of people each year find themselves dealing with injuries from car crashes, motorcycle wrecks, slips, trips, and other incidents. If you or a loved one has been hurt due to someone else’s negligence, you likely have many questions about your rights and what steps to take. This guide is designed to help you understand the basics of personal injury law in Texas – in a clear, conversational way – so you can make informed decisions during a difficult time.

Why This Guide? We know that dealing with an injury is overwhelming. Between medical appointments, insurance calls, and lost income, the aftermath of an accident is stressful. The Law Firm of Oscar A. Garza has created this comprehensive guide as a free resource for our community. Our goal is to empower accident victims in San Antonio (and throughout Texas) with knowledge about the legal process and what to expect. This guide covers everything from the fundamentals of Texas personal injury law and what to do immediately after an accident, to specifics about common accident types like car crashes, motorcycle accidents, and slip-and-fall injuries. It also explains how injury claims work and why having an experienced local attorney on your side can make all the difference.

This guide is based on current Texas laws and procedures as of the time of writing, but statutes and court decisions can change over time. While this guide provides a solid introduction, keep in mind that every case is unique. If you have specific questions about your situation, consider reaching out to a qualified personal injury attorney. With that said, let’s dive into the essentials you need to know after an injury in San Antonio, Texas.

Part I: Personal Injury Law Basics in Texas

What Is a Personal Injury Case? Personal injury law covers situations where someone is hurt because another person or company was careless or reckless. These cases can arise from all kinds of accidents – car and truck accidents, motorcycle crashes, slip and fall incidents, workplace injuries, dog bites, and more. The common thread is negligence: a legal term for failing to use reasonable care. If another party’s negligence caused your injury, Texas law allows you to seek compensation for the losses you suffer. This could include medical bills, repair costs, lost wages from missing work, and non-economic damages like pain, suffering, and the impact on your quality of life.

The Importance of Negligence and Fault. In Texas, you generally need to prove that another person or entity was at fault for your accident to hold them liable. This means showing that:

They owed you a duty of care. (For example, drivers have a duty to follow traffic laws and drive safely, and property owners have a duty to maintain safe premises for visitors.)
They breached that duty through action or inaction. (Perhaps a driver ran a red light, or a store failed to clean up a spill on the floor.)
Their breach of duty caused your injury. (The negligent act led directly to the accident and your injuries – e.g., the car crash or the fall would not have happened but for their behavior.)
You suffered damages as a result. (This includes your physical injuries and measurable losses like medical costs, lost income, etc.)

You don’t necessarily need to memorize legal terms, but it helps to understand that evidence of negligence is key. Police reports, photos, witness statements, medical records – all these pieces help show who was responsible. Texas courts will look at this evidence to decide liability and damages if a case goes to trial. In many claims, convincing the insurance company of the other party’s fault (with solid evidence) is what leads to a fair settlement.

Texas Is a “Fault” State (and What That Means). Texas follows a traditional fault-based system for personal injury and car accident claims. This means the person who caused the accident (and their insurance) is responsible for paying for the damages. Unlike “no-fault” states, Texas does not require you to go through your own insurance for injury expenses (except you may use certain coverages like personal injury protection if you have it). Instead, you typically file a claim against the at-fault driver’s auto insurance or sue the negligent party in court. For example, if you’re hit by a texting driver on I-10 in San Antonio, you can pursue a claim against that driver. This system makes determining fault very important in every case.

Comparative Negligence – Sharing Blame in Texas. Sometimes more than one person is partly to blame for an accident – including possibly the injured person. Texas law addresses this through a modified comparative negligence rule (often called the “51% bar rule”). In simple terms:

You can still recover compensation if you were partly at fault, as long as you were not more at fault than the other party.
However, your compensation will be reduced by your percentage of fault. For instance, if you are found 20% responsible for a crash (perhaps you were slightly speeding) and the other driver is 80% at fault (they ran a red light), you could recover 80% of your damages. So if the total damages are $100,000, you would receive $80,000 (which is $100,000 minus the 20% that represents your share of fault).
Important: If you are 51% or more at fault, you cannot recover anything under Texas law. In other words, you lose the right to compensation if you were primarily responsible for the accident.

This rule makes it critical to counter any exaggerated blame the other side might throw at you. Insurance companies often try to argue the victim is partially to blame to reduce what they have to pay. An experienced attorney can help protect you from unfair blame. Always be honest about what happened, but also understand that being a little at fault doesn’t bar you from recovery – as long as the other party was more at fault than you.

Time Limits (Statute of Limitations). Texas has a strict two-year deadline for filing a personal injury lawsuit in most cases. This means from the date of your accident or injury, you generally have two years to formally file a lawsuit in court, or you lose your right to do so. (There are a few exceptions – for example, injuries to minors can extend the time, and claims against certain government entities have shorter notice deadlines – but for the vast majority of accidents the two-year rule applies.) While two years might sound like plenty of time, it can pass quickly, and a lot needs to happen before a case is ready for filing. Important evidence can also disappear over time. It’s wise to consult a lawyer well before the deadline so they can investigate and preserve evidence. Bottom line: do not wait until the last minute to take action on your claim, or you risk losing your rights entirely.

The Statute of Limitations: The Unforgiving Deadline

Justice in Texas has an expiration date. The Statute of Limitations creates a hard deadline by which a lawsuit must be filed. Once this deadline passes, the claim is forever barred, regardless of how severe the injury is.

Claim Type	Standard Deadline	Key Exceptions (Consult an Attorney)
Personal Injury	2 Years from Date of Accident	Minors (tolled until age 18); Unsound Mind; Discovery Rule (rare).
Wrongful Death	2 Years from Date of Death	Distinct from the injury date. Clock starts when the victim passes.
Product Liability	2 Years from Date of Injury	2 years from the date of injury, in most cases subject to 15-year statute of repose barring claims involving products first sold more than 15 years ago.
Claims vs. Gov. Entities	Notice often required in < 6 months	Tort Claims Act requires “Notice of Claim” very early (sometimes 90 days).

The Danger of Procrastination:

Waiting until the 23rd month to hire an attorney is dangerous. Building a case requires months of investigation, medical record retrieval, and consultation. Filing a lawsuit hurriedly to beat the clock often results in a weaker initial pleading. Furthermore, evidence degrades over time, video footage is overwritten, skid marks fade, and witnesses move away.

What Compensation Can You Get? Under Texas law, if someone else is liable for your injuries, you can seek compensatory damages to make you “whole” again. These include:

Economic damages: Concrete financial losses such as medical bills, hospital stays, rehabilitation, surgery costs, medication, medical equipment, property damage (for example, vehicle repair or replacement costs after a car crash), and lost wages or income (including future earnings if your ability to work is affected).
Non-economic damages: Intangible losses like pain and suffering, mental anguish, scarring or disfigurement, physical impairment or disability, and loss of enjoyment of life. These are real damages even though they don’t come with receipts – the law acknowledges that an injury can take an emotional and physical toll beyond the bills.
Wrongful death damages: If an accident leads to a tragic loss of life, Texas allows certain family members to recover damages through a wrongful death claim. These can include funeral expenses, loss of financial support, and loss of companionship and emotional support from the deceased loved one. (These cases have their own specific rules, but they are a type of personal injury claim pursued by surviving family.)

It’s important to note that Texas, unlike some states, generally does not cap damages in standard personal injury cases like car accidents or falls. (The notable exceptions are for medical malpractice cases and punitive damages in rare cases.) This means there is no arbitrary ceiling on what you can recover for your pain or your medical costs – it should be based on what you actually suffered. However, recovering full compensation often requires strong evidence and sometimes expert testimony to prove things like future medical needs or the extent of pain and suffering.

Texas Insurance Requirements. Since Texas is a fault state, drivers are required by law to carry liability insurance to cover any harm they might cause. The minimum required auto insurance in Texas is 30/60/25 – that means at least $30,000 in liability coverage per injured person, up to $60,000 per accident, and $25,000 for property damage. Keep in mind, these are just minimums; many drivers carry more coverage, but unfortunately some carry only the minimum. In a serious accident, minimum coverage may not fully pay for all damages. Texas also has many drivers on the road with no insurance at all, despite legal requirements. Because of this, it’s often recommended to have Uninsured/Underinsured Motorist coverage on your own policy and possibly personal injury protection (PIP) coverage, so you have a safety net if you’re hit by an uninsured driver or someone without enough insurance. Regardless, if you’re injured by another’s negligence, that person (and their insurance) should compensate you – and if they lack insurance or funds, a lawyer can advise on other options like tapping your own coverage or suing the at-fault driver directly.

In summary, Texas personal injury law is about holding people accountable when their lack of care causes harm. Understanding the basic concepts – negligence, fault, time limits, and damages – will give you a solid foundation as we explore specific scenarios. Next, we’ll look at what steps you should take immediately after an accident to protect your health and your legal rights.

Part II: Steps to Take After an Accident

In the chaotic moments after an accident, it’s hard to think clearly. Whether it’s a car wreck on a San Antonio highway or a slip and fall at H-E-B or another local business, what you do (and don’t do) in the aftermath can significantly affect your health, safety, and ability to pursue a claim. Here are the key steps to take after an injury-causing accident:

Prioritize Safety and Call 911: Your health comes first. Check yourself and others for injuries. If anyone is hurt, call 911 immediately to request medical assistance. In a car accident, even if injuries seem minor or everyone appears “okay,” calling the police is important – in Texas, officers will file an accident report if there are injuries or significant property damage. Police and EMTs on the scene ensure that those injured get prompt care and that the incident is officially documented. If your accident is a slip and fall or other situation where 911 isn’t necessary, you should still seek out the property owner or manager and report the incident to have it documented (for example, ask store management to make a written incident report).
Seek Medical Attention Right Away: Don’t try to tough it out or assume you’ll “feel better tomorrow.” Adrenaline can mask symptoms of serious injuries like concussions, internal injuries, or whiplash. It’s crucial to be examined by a medical professional as soon as possible after an accident. Go with EMS to the hospital if needed, or at least see a doctor promptly on your own. Prompt medical care not only protects your health (the top priority) but also creates medical records linking your injuries to the accident. Follow the doctor’s orders and attend any follow-up appointments. Not only will this help you heal, it also shows a clear record of your injuries, which will be important evidence if you pursue a claim. Delaying treatment can hurt you in two ways: your injuries could worsen, and the insurance company might later argue that you weren’t really hurt or that you could have been injured by something else since you didn’t see a doctor right away.
Gather Evidence (If You Can Do So Safely): If you are physically able and it’s safe at the scene, try to collect basic evidence. For auto accidents, this means exchanging information with the other driver (get their name, contact info, insurance company and policy number, and license plate). Take photos or videos of the crash scene, vehicle damage, skid marks, and the surrounding area. For a slip and fall or similar incident, photograph what caused you to fall (the wet floor, broken railing, uneven pavement, etc.) and the general scene. If there were any witnesses, politely ask for their names and contact information – they might be crucial in corroborating what happened. In Texas, you’re also allowed to request the other driver’s insurance information and driver’s license (and you should provide yours) – this is actually required by law after a collision. If the police respond to a car crash, they will usually gather this info, but it doesn’t hurt for you to get your own evidence as backup. Remember, evidence can disappear quickly: skid marks fade, spills get mopped up, and memories of witnesses become fuzzy. Preserving what you can at the scene will greatly help your case later.
Be Careful What You Say and Don’t Admit Fault: In the immediate aftermath, emotions run high and people tend to be apologetic – even when they weren’t at fault. Avoid apologizing or making any statements that could sound like you’re admitting blame. Something as simple as “I’m so sorry this happened” could be twisted by an insurance company as an admission of fault. Stick to the facts when talking to police or others. When speaking with the police officer making a report, be honest about what occurred to the best of your knowledge, but do not speculate if you’re unsure about something. It’s okay to say “I’m not certain” rather than guessing. Also, do not downplay your injuries – if you’re hurt, say so. If an insurance adjuster or the other party contacts you at the scene or shortly after, you have the right to decline giving any detailed statement until you’ve sought legal advice. In Texas, fault might not always be clear at the scene, and investigations can take place later. So it’s wisest not to accept blame or accuse anyone else aggressively on the spot; let the evidence speak for itself. Note: Texas law enforcement will not assign blame in their report in a way that’s legally binding, though they might note contributing factors or citations. Ultimately, fault is determined by insurance investigations or courts, and your words can influence that determination.
Notify Your Insurance and Follow Required Reporting: If you were in a motor vehicle accident, you should notify your own auto insurance company relatively soon after the crash – typically within 24 hours or as soon as practical. Nearly all insurance policies require policyholders to report accidents promptly. When you call, just give the basic facts (where, when, type of accident) without speculation. You do not need to give a recorded statement or go into detail with the other party’s insurance at this stage. In a slip and fall case or other injury scenario, reporting the incident to the property owner/manager (as mentioned in step 1) is key; if you didn’t do it immediately, do so as soon as possible after. Ensure that some kind of incident report is created. Also, consider keeping a personal journal of events – note the date, time, location of the accident, and any conversations you had, as well as your symptoms day-to-day. These notes can be very useful later when recalling details.
Document Everything and Preserve Evidence: Start a folder for all your accident-related documents. This includes medical records and bills, receipts for medications or medical equipment, repair estimates for your vehicle, rental car receipts, and any other expenses you’ve incurred due to the accident (for example, if you had to buy crutches or pay for help around the house). Also, keep copies of the police report or incident report if available, and any correspondence from insurance companies. If you notice physical symptoms or limitations, write them down in a daily diary – pain levels, missed workdays, how the injury is affecting your life (e.g., “unable to lift my child” or “missed my cousin’s wedding because I was in the hospital”). Photos of your injuries (bruises, casts, etc.) over time can also be compelling evidence of what you went through. Essentially, save everything related to the accident, because you never know what detail might become important in proving your case.
Consult a Personal Injury Attorney Before Taking the Next Steps: Once the immediate dust has settled (or even as soon as you are medically stable), it’s often very helpful to speak with an experienced personal injury lawyer about your situation. Most reputable personal injury attorneys in Texas offer a free consultation, so it won’t cost you anything to get initial advice. An attorney can guide you on your rights, what compensation you might be entitled to, and how to deal with insurance adjusters. If you decide to hire the attorney, they will handle communications with the insurance companies for you, so you don’t accidentally say something that could hurt your claim. They can also investigate further – sometimes obtaining traffic camera footage, 911 call records, or maintenance logs from a store – things that you might have difficulty getting on your own. While some minor accidents can be handled without a lawyer, be cautious: insurance companies may quickly offer you a low settlement if they know you’re not represented. Having a lawyer levels the playing field and usually results in much fairer treatment of your claim. Even if you think you might want to handle things yourself, a consultation can arm you with knowledge of common pitfalls. Remember, you’re not obligated to accept any insurance offer or sign any release without fully understanding your rights. Once you settle and sign, you generally can’t go back for more – so getting legal advice early on is wise.

Following these steps will help protect both your well-being and your legal interests after an accident. It can be a lot to manage, but taking these actions can make a significant difference in the outcome of your case. Next, we will delve into specific types of cases, starting with the most common: car accidents in San Antonio.

Part III: Car Accidents in San Antonio - What You Need to Know

Car accidents are a daily occurrence in San Antonio. With major highways like I-35, I-10, Loop 410, and busy streets all around Bexar County, it’s no surprise that collisions happen frequently. In fact, San Antonio consistently ranks among the cities with the highest number of traffic crashes in Texas each year – thousands of accidents are reported annually in our city. These range from fender-benders in downtown traffic to serious high-speed wrecks on the interstates. If you’ve been in a car accident in the San Antonio area, here are key points to understand:

Common Causes of Crashes. Most car accidents boil down to driver error. Some of the top causes in Texas include:

Distracted driving: Texting, using a smartphone, adjusting the GPS or radio, eating – any activity that takes eyes and mind off the road. Even a few seconds of distraction can lead to disaster.
Speeding and reckless driving: Exceeding speed limits or driving too fast for road conditions reduces reaction time and makes accidents more severe. Unfortunately, many drivers treat the Loop and highways like racetracks. Speed-related crashes are frequent and often deadly.
Drunk driving or drug-impaired driving: Despite public awareness campaigns, driving under the influence remains a serious problem in San Antonio. Late nights and weekends see spikes in DUI-related crashes, and these accidents often cause very serious injuries due to impaired reaction and control.
Running red lights or stop signs: Intersections like those along Bandera Road, Culebra, or San Pedro see many crashes because drivers try to beat the light or fail to yield. T-bone collisions (side-impacts) at intersections can cause catastrophic injuries.
Tailgating and aggressive driving: Following too closely, weaving through traffic, road rage incidents – aggressive behaviors lead to many preventable wrecks. Heavy traffic congestion, like on I-35 during rush hour, can breed impatience, but losing cool behind the wheel risks lives.

Understanding the cause of your crash is important because it ties directly into proving negligence. For instance, if the other driver was cited for speeding or was on their phone (perhaps indicated by phone records), that evidence strengthens your case that they breached their duty of care.

Top 5 Most Dangerous Intersections in San Antonio (2024-2025 Analysis):

Intersection	Danger Profile	Common Crash Types
Loop 1604 & Bandera Rd	Extreme congestion, confusing lane signage, ongoing construction.	Rear-end (distraction), Side-swipe (lane changes).
Loop 410 & San Pedro Ave	High-volume retail entry/exit, short merge ramps.	T-bone (failure to yield), Multi-vehicle pileups.
IH-10 & Wurzbach Rd	Medical center traffic mixed with commuter speed; tight exits.	High-speed rear-end, Merge collisions.
Culebra Rd (Corridor)	High pedestrian density, lack of lighting, high speeds.	Pedestrian Fatalities, Left-turn collisions.
SH-151 & Military Dr	Fast-growing west side traffic outpacing signal timing.	Intersection T-bones (Red light running).

Recent TxDOT data show that San Antonio experiences well over a hundred traffic deaths each year, including a significant number of pedestrians, highlighting the danger of busy corridors like Culebra and San Pedro.

Why Local Knowledge Matters:

When we argue a case, we don’t just say “the intersection.” We explain to the jury that “Loop 1604 at Bandera is a nightmare that requires extra vigilance,” tapping into the shared experience of San Antonio residents. We use the city’s “Vision Zero” data to cross-examine city planners or negligent drivers about known risks they ignored.

Injuries and Aftermath. Even “minor” accidents can result in injuries. Whiplash, back injuries, concussions, and soft-tissue injuries are common in rear-end collisions often seen in urban traffic. More severe crashes can cause broken bones, internal injuries, traumatic brain injuries, or spinal cord damage. It’s important to get medical evaluation after any significant crash because some injuries (like internal bleeding or concussions) might not be immediately obvious. After the accident, follow up on all medical treatment and keep track of symptoms. Car accident injuries sometimes require weeks or months of therapy, chiropractic care, or even surgery – and all of those should be compensated by the at-fault party.

Texas Law on Car Accident Liability. As discussed earlier, Texas is an at-fault state. In practice, this means:

The driver who caused the accident (through negligence) is legally responsible for the damages. If another driver rear-ended you because they weren’t paying attention, they are “at fault.”
Typically, you will file a claim with that driver’s auto insurance to seek compensation. Texas drivers must carry liability insurance, but remember the minimum may be insufficient for a serious crash. For example, if you have $50,000 in medical bills but the at-fault driver only has the $30,000 minimum bodily injury coverage, their insurer will pay out the $30k (if fault is clear), but that doesn’t automatically cover the rest. You might need to explore other options for the shortfall (your own underinsured motorist coverage, or a personal lawsuit against the driver for the remainder).
If multiple drivers are involved or share blame, each can be held proportionally liable. It’s common in multi-car pileups (like those occasionally seen on I-10 in fog or heavy rain) that fault might be split among several drivers. Each may have an insurer that contributes based on their insured’s percentage of fault.
If you are partially at fault (say you were going slightly over the speed limit when someone turned left in front of you), the comparative negligence rule applies. As long as you are not more at fault than the other driver, you can still recover damages – reduced by your percentage of fault. In contentious cases, determining these percentages can be a battle of evidence, witness statements, and sometimes accident reconstruction experts.

Dealing with Insurance Adjusters. After a car accident, expect to be contacted by insurance adjusters – both your own and the other driver’s. The other driver’s insurance representative may ask for your statement or even offer a quick settlement. Be very cautious here. Insurance companies, even your own, are businesses aiming to minimize payouts. The other party’s insurer is not on your side at all, and even your insurer will look out for its bottom line. It’s often beneficial to let an attorney handle communications, especially with the opposing insurance. If you do talk to an adjuster:

Stick to facts. Do not volunteer extra information or speculation.
Never admit fault or say you’re not hurt. (You might say you are “still evaluating treatment” rather than “I’m fine,” for example.)
For property damage, you’ll likely discuss repair estimates and possibly a rental car. For injury claims, they may ask you to sign medical record releases – it’s best to consult a lawyer before signing anything.
If a settlement is offered early on, it may be a lowball amount hoping you’ll bite. Don’t rush to settle until you know the full extent of your injuries and damages. Once you sign a release, you cannot go back for more if your injuries turn out worse than you thought.

Uninsured and Hit-and-Run Accidents. Unfortunately, not every driver on the road follows the law to carry insurance. If you are hit by an uninsured driver, or if the other driver flees the scene (hit-and-run), it complicates things. First, for any hit-and-run in San Antonio, report it to the police immediately and provide any details you can (color, make of car, partial plate, direction they went, etc.). The police might track them down. If the at-fault driver truly has no insurance or can’t be identified, this is when your own policy’s Uninsured Motorist (UM) coverage (if you have it) steps in. UM coverage essentially acts as the “insurance for the other driver” up to your coverage limits. Similarly, Underinsured Motorist (UIM) coverage helps if the other driver has some insurance but not enough to cover all your damages. Dealing with UM/UIM claims can still be adversarial (now you’re negotiating with your own insurer), but at least there’s a source of recovery. If you don’t have those coverages, you might have to sue the at-fault driver personally – which is challenging if they don’t have assets or insurance. This is one reason we advise carrying UM/UIM coverage in Texas. A personal injury attorney can help navigate these tricky situations, including making an uninsured motorist claim, which has its own notice requirements and procedures.

Local Considerations in San Antonio. Each city has its quirks. In San Antonio, heavy traffic on loops and highways means many rear-end and lane-change accidents. Tourist areas or downtown can mean more pedestrian incidents. Weather is mostly mild, but occasional heavy rain can make roads slick with oil buildup (since we don’t get rain for long stretches, the first rain can be hazardous). Construction zones (and San Antonio has plenty of road construction) often lead to lane closures and confusion – follow posted signs, but if an accident happens in a construction zone, there may be additional factors (like whether signage was clear). Moreover, San Antonio is a big trucking route hub between the coasts and Mexico, so accidents involving 18-wheelers occur here; those cases involve additional regulations and often bigger insurance policies. If you find yourself in a collision with a commercial truck or company vehicle, be aware that the claim might involve the company’s insurer and lawyers early on – definitely situations to get legal help due to complexity.

What to Do After a Car Accident (Recap): Much of this was covered in Part II on immediate steps, but to reinforce specifically for car crashes:

Always call the police if there’s any injury or significant damage. In San Antonio, an officer will usually come to the scene and file a CR-3 crash report which you can obtain later.
Exchange info and get witness contacts if possible.
Take photos of both vehicles (including their positions before moving them, if it’s safe to do so).
Get medical care promptly, and tell the doctor you were in a car accident so they check for common crash injuries (they might order X-rays or an MRI if needed).
Inform your insurance about the crash, but you can tell them if the other driver was at fault and that their insurer should be handling it. (Your own collision coverage can pay for your car repairs minus deductible if needed, and then seek reimbursement if possible.)
Don’t give a recorded statement to the other driver’s insurer without advice.
Keep a file with all car repair documents, rental car receipts, etc., in addition to medical documents.

By understanding the dynamics of car accidents in our area and Texas law, you’ll be better prepared to handle the situation. Our law firm has handled thousands of car accident cases over the years, and while each is unique, they all share the goal of helping the victim get back on their feet and securing the compensation needed to move forward. Next, we’ll turn our focus to another common but distinct type of accident – motorcycle accidents – and see how those cases can differ.

Part IV: Motorcycle Accidents in Texas - Special Considerations for Riders

Riding a motorcycle on the open roads of Texas can be exhilarating – the sense of freedom, the wind, the sunny Texas skies. San Antonio’s scenic routes through the Hill Country and beyond attract many motorcyclists. However, motorcycling also comes with higher risks. When a motorcycle accident happens, the consequences are often severe. As personal injury attorneys, we’ve seen firsthand how these cases require particular attention. Here’s what you need to know about motorcycle accidents in Texas:

Why Motorcycle Accidents Are Different. The obvious difference is the lack of protection. Riders don’t have the steel frame of a car, seatbelts, or airbags to shield them. This means that in any collision, motorcyclists and their passengers are extremely vulnerable. A crash that might be a minor fender-bender between two cars can be catastrophic if a motorcycle is involved. Common injuries include:

Serious fractures (broken arms, legs, ribs – often multiple at once).
Traumatic brain injuries and head trauma (especially if not wearing a helmet, but even with a helmet, concussions or worse can occur).
Spinal cord injuries (which can lead to paralysis).
Road rash and severe skin lacerations (when a rider is thrown and skids on the pavement).
Internal injuries (caused by blunt force impact).
These injuries often require extensive medical treatment and long recovery periods. It’s not uncommon for motorcycle accident victims to need surgeries, months of physical therapy, or long-term rehabilitation. This means the stakes in a motorcycle injury claim are usually very high – medical bills can skyrocket and the impact on one’s life is profound.

Helmet Use and Texas Law. Texas law requires all motorcycle riders under 21 years old to wear a helmet. Riders who are 21 or older may legally ride without a helmet only if they have completed an approved motorcycle safety course or carry a certain amount of health insurance (proof of these must be on hand). Despite the law allowing some adult riders to go without helmets, it’s indisputable that helmets save lives and reduce injuries. We strongly encourage wearing a DOT-approved helmet and full protective gear whenever you ride. From a legal perspective, not wearing a helmet could potentially complicate an injury claim, especially if you suffer a head injury. The defense might argue that your injuries were worse because you chose not to wear a helmet. However, the fundamental point remains: if another driver caused the wreck, they are liable for the accident. You don’t lose your right to compensation just because you weren’t helmeted, particularly if riding without one was within the law’s allowance. Each case can be nuanced, though – for example, a jury might be less sympathetic if they believe a helmet would have completely prevented your head injury. The best practice is to always wear one, for your safety above all.

Common Causes of Motorcycle Crashes. Many motorcycle accidents are caused by the same things as other vehicle accidents (distracted driving, speeding, DUI). But there are a few scenarios that are especially common and dangerous for motorcycles:

Left-turn accidents: A car turning left at an intersection in front of an oncoming motorcycle is one of the most frequent and deadly types of motorcycle collisions. Often the driver says “I didn’t see the motorcycle.” Regardless, if they violated your right of way, they are typically at fault. These crashes often send riders flying or cause head-on impacts.
Lane changing and blind spots: Cars or trucks may veer into a motorcyclist’s lane without seeing them. Motorcycles are smaller and can be hidden in blind spots. A sudden lane change by a car can sideswipe a motorcycle or force it off the road.
Following too closely: Drivers who tailgate a motorcycle risk a serious accident because if the bike has to stop quickly, the car can easily run it over or hit it, throwing the rider. Motorcycles can stop faster than many cars, and drivers must allow extra distance.
Road hazards: Potholes, debris, slick roads, or uneven pavement pose a bigger threat to motorcycles than to cars. A small object or bump can cause a bike to lose control. If an accident is caused by a road hazard, sometimes liability could fall on a construction company or government entity responsible for road maintenance (those cases can be complex with special notice requirements for claims).
Motorcyclist visibility issues: While not an excuse, drivers often claim they “just didn’t see” the motorcycle. Sun glare, high traffic, or the motorcycle’s smaller profile can contribute. This is why riders often wear bright gear and use strategies like riding with headlights on. Still, drivers have a duty to pay attention to the road and look for all vehicles, including motorcycles.

Bias and Misconceptions. Unfortunately, there can be a bias against motorcyclists. Some people (including jurors or insurance adjusters) might stereotype all riders as speed demons or reckless. This is unfair and not true of the vast majority of motorcyclists, but it’s something we’re aware of in handling these cases. From the get-go, it’s important to gather evidence that shows you were driving responsibly. This could include witness statements attesting that you were not speeding or weaving, photos of the scene, and even data from the motorcycle if available. We often find ourselves emphasizing the rider’s caution (for example, “John was riding at the speed limit and wearing all his safety gear when Jane Doe driver suddenly cut him off.”). Combatting bias might also involve accident reconstruction experts to prove how the accident happened, leaving little doubt that the motorcyclist was not at fault.

The Claims Process for Motorcyclists. Legally, pursuing a motorcycle accident claim is similar to a car accident claim: you seek compensation from the at-fault driver’s insurance, and if needed, file a lawsuit. However, because injuries are often severe, these claims can be higher value and thus more aggressively defended by insurance companies. A insurer may dispute the extent of your injuries or the cost of your care. It’s common for them to question treatment like extended physical therapy, chiropractic care, or future surgery needs. They might also try to attribute some blame to the rider (saying you were going too fast, etc., even if untrue). Don’t be discouraged – with strong legal representation, you can push back on these tactics. Document your injuries thoroughly, keep up with your medical treatment, and let your attorney gather all evidence to prove the full impact of the crash on your life.

Total Losses and Insurance Challenges. Many motorcycles are completely destroyed in serious crashes (a “total loss”). Getting fair compensation for your bike is one aspect – you’re entitled to its market value if it’s totaled. But the bigger focus is bodily injury compensation. Make sure any settlement talks include all your needs: current and future medical bills, lost income (including future if you can’t return to the same job), and an amount for pain and suffering. If you have long-term injuries, your lawyer might involve medical experts or life care planners to calculate the costs of ongoing care or limitations. Don’t accept a quick check that barely covers a few ER bills if you know you have months of recovery ahead.

Texas Motorcycle Insurance: Just a note – the at-fault driver’s insurance covers your damages, just as in any vehicle accident. But motorcyclists should also consider having their own insurance protections. Uninsured/Underinsured coverage on your motorcycle policy is crucial (and your auto UM/UIM might cover if you’re hit while on a bike, depending on policy terms – another reason to check with your insurer). PIP coverage might be offered on motorcycle policies, but sometimes insurers exclude motorcycles, so ask. Health insurance is also extremely important for riders, given the potential injuries (it helps pay bills up front, then your health insurer can get reimbursed from a settlement, a process called subrogation). These are things to think about for the riding community at large.

In summary, motorcycle accidents require careful legal and factual handling. As a rider, you have the same rights as any driver on the road, and you deserve full justice when someone’s negligence harms you. Our firm has represented many motorcyclists and we understand the unique challenges these cases pose. If you’re a rider, stay safe out there – and if the worst happens, know that there are advocates ready to stand up for you.

Now, let’s shift to a very different kind of injury case: slip and fall accidents, which fall under “premises liability.”

Part V: Slip and Fall Injuries - Premises Liability in Texas

A simple trip to the grocery store or a visit to a friend’s apartment can turn traumatic if you encounter a hidden hazard. “Slip and fall” or “trip and fall” accidents are common causes of injuries, and they come under an area of law called premises liability. In Texas, if you’re injured on someone else’s property due to an unsafe condition, you may have a right to compensation – but these cases can be surprisingly complex. Here’s an introduction to slip and fall injuries and what Texas law says about them:

Property Owners’ Duty of Care. Generally speaking, property owners (or those in control of a property, like a tenant or property manager) have a duty to keep their premises reasonably safe for visitors. This means:

They should fix hazards they know about (for example, repairing a broken stair or cleaning a spill in a reasonable time).
They should inspect or monitor for dangers that might arise, especially in areas open to the public, and address any dangers found.
If they can’t fix a hazard immediately, they should warn visitors (like putting out a “Wet Floor” sign after mopping, or roping off a broken section of flooring).

However, the exact duty can depend on why you’re on the property. Texas classifies visitors as invitees (like customers in a store, who are owed the highest duty of care), licensees (social guests, who are owed a slightly lesser duty, mainly to warn of known dangers), or trespassers (who are only owed a minimal duty not to be harmed intentionally in most cases). For simplicity: if you’re invited onto the property or there for the owner’s commercial benefit, the owner must take active steps to keep you safe from hazards they know about or should know about. If you’re just dropping by (with permission) or you’re there for your own purposes, the owner must at least warn you of known hidden dangers. In any event, no property owner has the right to willfully cause harm to visitors, no matter who they are. The law basically expects people to be responsible with their property so others aren’t hurt.

Proving a Slip and Fall Case. It’s not enough to say “I fell and got hurt on so-and-so’s property, so they should pay my bills.” You must prove negligence, meaning the owner or occupier did something wrong with respect to the hazard. Typically, to hold a property owner liable in a slip and fall, you (with your lawyer’s help) need to establish:

There was a dangerous condition on the property (for example, a puddle of water on a tile floor, an uneven crack in a sidewalk, an unsecured extension cord across a walkway, poor lighting in a stairwell, etc.).
The owner/occupier knew or should have known about the hazard, and failed to either fix it or warn you. This is often the toughest part. If a customer spilled a drink 2 minutes before you came around the corner and slipped, the store might argue they hadn’t had a reasonable chance to find and clean it (lack of knowledge). On the other hand, if that spill had been there for 30 minutes with employees walking by ignoring it, that suggests they should have known and addressed it. We often look for evidence like: Did any employee see it? How long was the hazard present? Are there security camera videos? Did someone report it and the management took no action? In Texas, proving “constructive knowledge” (they should have known) often requires showing the hazard existed long enough that a reasonable property owner would have discovered it.
No warning was provided. If a hazard can’t be immediately fixed, a warning sign or barrier should be there. If you slipped on a wet floor with no caution sign visible, that’s a point in your favor. Conversely, if there was a big yellow “Wet Floor” sign and you saw it but walked there anyway, the owner has a strong defense that you were adequately warned.
The hazard caused your fall and injuries. We have to connect the dots: you must show it was that puddle or that broken step that led to your fall (and not, say, you tripping over your own shoelace or having a medical episode). Also, documenting your injuries (through medical records) ties them to the fall. Sometimes insurers try to claim the person fell due to their own clumsiness or a pre-existing condition, rather than the hazard – evidence like witness testimony or photos of a clearly dangerous condition help refute that.

Common Scenarios in Slip/Trip and Falls:

Grocery store or retail store slips: Spills of liquids, squashed grapes, recently mopped but not marked floors, or even an AC leak puddling water. Stores should have inspection routines (like those restroom check logs, or periodic floor walks). If they don’t and an obvious spill sits, that’s negligence.
Restaurant or bar incidents: Food or drink on floors, or cluttered walkways. Also, tipping hazards like unstable chairs or barstools can cause falls.
Apartment complexes: Broken sidewalks, potholes in parking lots, loose handrails or rotten wooden stairs on outdoor staircases, inadequate lighting that makes hazards hard to see. Landlords must maintain common areas safely.
Workplace or on-the-job falls: If you’re on a job site or office and fall, workers’ compensation might cover it if you’re an employee. But if a third party’s property caused it (like you’re a delivery driver slipping at a customer’s business), you might have a claim against that property owner outside of workers’ comp.
Falls in homes: If you’re injured at someone’s home (say, a friend’s house), their homeowner’s insurance may cover your injury if it was due to their negligence (for example, a rotten step on their porch that they knew about). People sometimes feel awkward pursuing a claim against someone they know, but remember that typically you’d be dealing with insurance, not directly taking your friend’s money.

Your Actions Matter Too – Comparative Fault in Premises Cases. Just like in car accidents, Texas applies the comparative negligence rule to slip and falls. If you were partly at fault for your own fall, your recovery can be reduced or even barred. Property owners (and their insurance companies) will often argue that the victim wasn’t paying attention or was somehow careless:

“There was a caution cone and you walked right by it.”
“You were looking at your phone and didn’t watch where you were going.”
“Your shoes were inappropriate (e.g., high heels or untied laces).”
“The hazard was open and obvious; any reasonable person would have seen that big hole in the ground.”
For example, if a jury decides you were 20% at fault and the store 80% at fault, you’d get 80% of your damages (as explained earlier). But if they think it was 50/50, you’d get half. If they somehow think you were 51%+ at fault (perhaps the hazard was obvious and you disregarded it), then you’d get nothing. So, expect this to be a point of contention. Our job in a premises liability case is to show that you acted reasonably and had no fair chance to avoid the hazard – it was the owner who failed in their duty. Sometimes we demonstrate that the hazard was not obvious (maybe it was around a corner, or blended in with the floor color, etc.) or that you had a legitimate reason to be looking elsewhere (for instance, looking at shelves in a store, not at the floor, is reasonable).

Evidence in Slip and Fall Cases. What can you do to strengthen your case? If you fall and are hurt, and if you can manage it, document the scene immediately:

Take photographs of what caused you to fall (water on floor, broken concrete, etc.). Try to capture the context – e.g., a wide shot showing no warning signs in the area.
Report it to the owner/manager right away. If you’re in a store, get an employee and make sure they note it. This creates a record. If you leave without telling anyone, expect the defense to later claim “We have no record of any fall; how do we know it even happened here?”
Identify any witnesses and get their info. Maybe another customer saw you fall or noticed the spill before. Independent witness testimony is golden in these cases.
If you’re in a store or business, ask for them to preserve any security camera footage. Many establishments have CCTV. Your attorney can send a spoliation letter later to formally demand preservation, but the sooner they know, the better. Video evidence can make a case crystal clear – showing how long a hazard was present and the fall itself.
Keep the clothes and shoes you were wearing. Don’t wash them if they got stained by the substance you fell in (for example, a greasy spot). They could be evidence – for instance, showing liquid staining to confirm a spill.
Get medical attention and be sure to tell the medical providers that you fell and how. Your medical records will then link the injuries to a fall incident (“patient fell on wet floor at grocery store”).

Challenges with These Cases. Slip and fall claims are often contested aggressively by insurers. Businesses fear being seen as an easy target for injury claims, so they fight many of them. You shouldn’t be discouraged by that, but you should be prepared for a battle. Often the defense is “we didn’t know about the hazard, so it’s not our fault.” We overcome that by piecing together circumstantial evidence – maybe the spill was dirty and had cart tracks through it (indicating it was there a while), or an employee was in the area recently and should have seen it. Sometimes we find out the store had a history of the same leak or hazard happening before. If a store violated its own policies (like failing to do the hourly floor sweep they’re supposed to), that helps show negligence. Another challenge: sometimes juries initially think “accidents happen” or might blame the victim out of a belief that falls only happen to careless people. Part of our role is to educate that falling can happen to anyone when property owners are negligent, and that serious injuries can result (e.g., a broken hip from a fall can be life-threatening to an elderly person, or a head injury can have lasting effects).

Injuries from Falls. Don’t underestimate how badly you can get hurt in a fall. We’ve seen cases of:

Broken hips, wrists, or ankles (common when you try to catch yourself or from the impact).
Knee injuries or torn ligaments (from a twist as you fall).
Back and spinal injuries.
Concussions or brain injuries (if you hit your head).
Cuts that can leave scars.
In worst cases, death (for instance, a head injury or internal bleed).
Always take a fall injury seriously. If you hit your head or lost consciousness even briefly, get to a doctor. If you feel pain in any limb or joint, get X-rays to check for fractures. Texas juries tend to understand tangible injuries like broken bones, but they might be skeptical of soft-tissue injuries (like just saying “my back hurts”). That’s why getting medical evaluation is important to diagnose things like herniated discs or muscle tears.

Premises Liability Beyond Slips. While slips and trips are common, premises liability also covers other scenarios:

Objects falling from shelves and injuring a customer.
Inadequate security cases (assaults or attacks on a property due to lack of proper security measures).
Dog bites (Texas handles dog bites under a mix of negligence and strict rules, and it often boils down to whether the owner knew of the dog’s aggressive tendencies).
Swimming pool accidents, or other dangerous conditions on land.
The key in all of these is showing the owner was aware (or should have been) of a danger and failed to take reasonable steps to prevent harm.

In conclusion, if you suffer a slip and fall injury, know that you have rights – but you will need to gather proof of the property owner’s negligence. These cases can be won with careful documentation and legal strategy, and they often result in compensation for medical bills, lost income, and pain if handled correctly. Our firm has successfully handled many premises liability cases for clients in San Antonio and across Texas. We know how to investigate these incidents and fight the often knee-jerk denial from insurers. The next part of this guide will walk you through how a personal injury claim actually works – from the accident to the resolution – so you know what to expect as you move forward.

Part VI: Navigating the Personal Injury Claim Process in Texas

By now we’ve covered what to do after an accident and the basics of various types of injury cases. But what happens as you move forward with a claim? This part of the guide will walk you through the typical personal injury claim process in Texas, step by step. Keep in mind that every case can have its own twists and turns, but this is the general roadmap from initial claim to potential lawsuit and resolution:

Hiring an Attorney and Initial Investigation: After your accident, if you decide to seek legal help, the first step is an initial consultation and then officially hiring an attorney (usually through a contingency fee agreement – meaning the attorney only gets paid if you win or settle). Once on board, your lawyer and their team will start investigating your case. This involves:

Gathering all relevant documents: police/accident reports, your medical records and bills, any photos or evidence you collected, witness information, etc.
Possibly visiting the accident scene or examining vehicles (in a car crash) or the site of a fall. They may take additional photographs or measurements.
Talking to witnesses and getting their recorded statements while memories are fresh.
In more complex cases, they might consult experts (such as an accident reconstructionist for a disputed car accident, or a medical expert to understand your injuries).
They will also identify all potential liable parties and insurance policies. Sometimes there’s more than one defendant (for example, if you were hit by a truck, both the truck driver and their employer could be liable; or if you slipped in a leased store, both the tenant and the property owner might share responsibility).

This phase is all about building a strong foundation for your claim. It may mostly happen behind the scenes from your perspective. You might mostly be focusing on treatment and recovery while your legal team is doing the legwork.

Filing the Insurance Claims: Most personal injury cases begin with insurance claims rather than immediately filing a lawsuit in court. Your attorney will notify the at-fault party’s insurance company of your claim and begin communications with them. For instance, in a car accident, a claim is opened with the other driver’s auto insurer. In a slip and fall, a claim might be opened with the store’s general liability insurer. The insurance company will assign an adjuster to investigate from their side. Expect that the insurer might request a statement or additional information. At this point, since you have an attorney, they will usually handle communications and either provide the information needed or shield you from giving a statement that could be skewed. Your attorney may also handle any immediate needs, like getting your vehicle damage paid or helping arrange a rental car, through the insurance claim.
Demand Letter and Settlement Negotiations: Once you have reached a point in your medical treatment where either (a) you have finished treatment, or (b) you have a good understanding of the long-term prognosis (in case of very serious injuries), your attorney will typically prepare a demand package. This includes a detailed letter to the insurance company outlining:

The facts of what happened and why their insured is clearly liable.
The injuries you suffered and treatment you underwent (often attaching medical records, bills, and possibly doctor’s reports).
The impact on your life – for example, “John Doe missed two months of work and can no longer lift heavy objects, affecting his job and home life,” etc.
An itemization of damages: medical costs (past and future), lost income, and an amount for pain and suffering and other intangible damages.
A specific dollar amount that you are demanding to settle the claim then and there, based on those damages.

This demand kicks off negotiations. The insurance company will review it and usually respond with a counteroffer – typically a lower amount than demanded (sometimes frustratingly low at first). Negotiation is a bit of a back-and-forth art. Your lawyer’s experience is important here; they will advise you on what is a fair offer versus when to hold out. It might take several rounds of offers to reach a middle ground that both sides can accept. In many Texas personal injury cases, a settlement is reached at this stage without having to file a lawsuit. This is ideal when the insurer is reasonable and the offered amount is sufficient to cover your losses. Settling early saves time and stress, and you get compensation sooner.

Filing a Lawsuit (if needed): If the insurance company either denies liability or won’t offer a fair amount, the next step is to file a lawsuit. This means your attorney will draft a legal document called a petition (in some states called a complaint) and file it in the appropriate Texas court (often the county where the accident happened or where the defendant resides). The lawsuit begins the formal litigation process. Don’t be alarmed – this doesn’t mean you’re definitely going to trial. In fact, the majority of lawsuits still settle before reaching the courtroom. But filing suit is sometimes necessary to show the insurance company you’re serious, or to leverage the discovery process to get information they wouldn’t give freely.

Once the lawsuit is filed, it must be officially served on the defendant(s) (handed to them or their registered agent in accordance with legal rules). The defendant, through their insurance-appointed defense attorney, will file an answer. Now you are in litigation.

Discovery Phase: Discovery is a period where both sides exchange information and evidence formally. This can include:

Written questions (Interrogatories): Each side sends questions that the other must answer under oath.
Requests for documents: For example, we might ask the defendant for maintenance logs (in a slip case) or phone records (in a texting-while-driving case), while they may ask for your medical history or income records (to verify lost wages).
Depositions: These are out-of-court interviews under oath. You (the plaintiff) will likely be deposed by the defense attorney – basically a formal Q&A, with a court reporter transcribing. Your attorney prepares you for this and is by your side. Witnesses can be deposed too. And we can depose the defendant or other key people. Depositions allow each side to pin down testimony and see how witnesses might present if this went to trial.
Medical examinations: In some cases, the defense can require you to be examined by a doctor of their choosing (an “independent medical exam,” though often these doctors are regularly hired by insurance companies). They do this to get an opinion on your injuries.

Discovery can be lengthy – often several months to a year, depending on complexity. It’s normal for negotiation to continue through this stage. Sometimes, the very act of preparing for trial (and showing strong evidence in discovery) motivates a fair settlement.

Mediation and Pre-Trial Negotiations: Texas courts often require mediation before setting a trial date. Mediation is a structured settlement negotiation with a neutral third-party mediator facilitating. You and your lawyer, the defendant(s) and their lawyer, and the mediator sit (often in separate rooms nowadays, with the mediator shuttling in between). The mediator’s job is to help find common ground and push both sides toward a resolution. It’s confidential – if you don’t settle, things said in mediation usually can’t be used in court. A large number of cases settle at mediation or in the days following it. It’s an opportunity to avoid the uncertainty of trial by coming to an agreement. If a settlement is reached, great – the case ends there with an agreed payment and signed release of claims.

If mediation fails or isn’t used, there may still be direct negotiations or even a last-minute settlement “on the courthouse steps” right before trial. We’ve seen cases settle the morning of trial after a year of fighting. So, never assume it’s too late to settle until the jury verdict is in!

Trial (When Settlement Can’t Be Reached): If all else fails and no settlement is reached, the case goes to trial. A personal injury trial in Texas is typically in front of a jury (you and the defense can also agree to a bench trial with just a judge, but injury cases are usually jury trials). At trial, both sides present evidence, call witnesses, and make arguments. As the plaintiff, your side has the “burden of proof,” meaning we go first and must prove each element of your claim (fault and damages) by a preponderance of the evidence (essentially, more likely than not). Trials can last anywhere from a day or two (for a simple car accident) to a week or more (for a complicated case with many experts). You might testify about what happened and how it affected you, doctors might testify about your injuries, maybe an accident reconstruction expert or other specialists will testify to support your case. The defense will likely call their own experts or witnesses to try to dispute fault or the severity of your injuries.

After both sides finish, the jury deliberates and returns a verdict. They will decide if the defendant was negligent and if so, how much money (damages) to award you. They may also assign percentages of fault if that’s an issue raised (for instance, they might say “Defendant 80% at fault, Plaintiff 20% at fault” and then the judge will reduce the award accordingly).

Post-Trial – Appeals or Collection: If you win at trial, the defendant’s insurer typically pays the judgment (up to their policy limits – if the verdict exceeds insurance limits and the defendant has assets, other actions may be needed, but that’s rare because insurers usually try to settle within limits to avoid that). The defense can also file post-trial motions or appeals, potentially dragging the process out longer. Appeals can take another year or more and might result in a new trial or altered outcome, but many cases don’t go that far because appeals are costly for both sides. If you lose at trial (i.e., defense verdict or very low award), you could potentially appeal as well, though again that’s a whole separate process and not guaranteed to change the result.

Thankfully, most personal injury claims do not reach the trial stage. Statistics show that around 95% or more of such cases settle before trial. Trials are risky – juries can be unpredictable – so if a fair settlement is on the table, it’s often wise to take it. However, to get that fair settlement, you need to be ready to go to trial. Insurance companies know which lawyers will go the distance and which won’t. At The Law Firm of Oscar Garza, for example, we prepare every case as if it could see a courtroom. That willingness to take a case to trial, if needed, actually helps in negotiations, because the insurance company can’t lowball us without consequences.

Managing Your Expectations and Involvement: A few more notes about the process:

Timeline: Personal injury cases can resolve in a few months, or they can take years if litigation is involved. A simple car wreck with clear liability and enough insurance might settle in 4-6 months after you finish treatment. A contentious case or one with very serious injuries could take 1-2 years or longer, especially if it goes to trial. We know clients want it over sooner, but rushing often plays into the insurance’s hands. Patience can be tough, but it often pays off with a better outcome.
Your Role: Stay in touch with your attorney and provide any info or documents they need promptly. Keep all your appointments (medical and legal). Be honest and thorough when answering discovery questions or giving deposition testimony – credibility is key. And avoid posting on social media about your case or injuries, as insurers do monitor that (a seemingly innocent photo of you smiling at a family BBQ could be twisted to say “Look, they’re not in pain!”).
Costs and Fees: Typically, you pay nothing upfront. The attorney advances case expenses (for records, expert fees, etc.) and is only reimbursed from the settlement or judgment. In Texas, personal injury attorneys typically work on a contingency fee that increases if a lawsuit, trial, or appeal is required, and the exact percentage should be clearly explained and agreed to in your written fee agreement. Make sure you have a clear agreement so you know how the recovery will be split. While giving up a portion of the recovery might seem frustrating, studies show that even after attorney fees, injured people usually net more with an attorney than they would have on their own because the attorney can secure a much larger gross recovery.

In summary, the personal injury claim process in Texas is designed to either reach a mutually agreed settlement or have a fair trial to decide the outcome. It can feel daunting, but with an experienced law firm guiding you, each step will be managed professionally. Always remember the goal: to get you the compensation you need to recover and rebuild after your injury. Now, finally, let’s discuss why having a personal injury attorney – especially a local San Antonio one – is so important in this process and how to choose the right representation for your case.

Part VII: The Importance of Hiring a Personal Injury Attorney in San Antonio

After an accident, you might wonder, “Do I really need a lawyer, or can I handle this myself?” It’s an understandable question, especially if you’re worried about costs or think your case is straightforward. While not every small claim requires an attorney, the truth is that for most personal injury situations – particularly those involving significant injuries or disputes – having a skilled lawyer on your side is extremely beneficial. Here’s why working with a San Antonio personal injury attorney can make a big difference, and what to look for when choosing one:

Legal Skills and Local Experience: Personal injury law is complex. It involves not only statutes and case law, but also procedures, deadlines, and strategic decision-making that require legal training. A seasoned attorney has spent years (often decades) handling cases like yours. They know the tactics insurance companies use, how to value a claim properly, and the nuances of Texas laws (for example, how proportionate responsibility works, or how to handle a claim against a government entity under the Texas Tort Claims Act). When you hire a local San Antonio injury attorney, you also gain the advantage of local experience: they likely know the area, the local court rules, even the tendencies of local insurance adjusters or defense lawyers. They may have handled cases similar to yours in Bexar County and know what to expect. For instance, an attorney who routinely works in San Antonio will be familiar with the judges and juries here, and might have insights on how to present a case effectively (every community can have slightly different attitudes).
Objective Evaluation of Your Claim: Right after an injury, you might not know what your case is worth – and an insurance company isn’t going to tell you the full story. Attorneys can calculate not just your current losses, but future ones too. They can put a dollar figure on intangibles like pain and suffering using their experience from past cases and verdicts. They will ensure things like future medical needs or lost earning capacity are not overlooked. Without this, you risk settling for far less than you need or deserve. Remember, once you settle, you cannot ask for more money later. A lawyer’s perspective helps prevent you from accidentally shortchanging yourself.
Handling the Paperwork and Procedures: There is a lot of legwork in a personal injury case – filling forms, filing legal documents, writing demand letters, meeting court deadlines, drafting motions, etc. One missed deadline or a paperwork mistake can derail your case. When you’re recovering from an injury, the last thing you need is the stress of legal logistics. A lawyer and their support staff take that burden off you. They know what needs to be filed when, how to draft it effectively, and they stay on top of the timeline so you don’t have to. This includes handling communications: once you have an attorney, insurance adjusters are generally not allowed to bother you directly anymore; they have to go through your lawyer. That alone provides great peace of mind.
Investigation and Resources: As we discussed, proving a case requires evidence. Law firms have resources to investigate thoroughly. They can hire private investigators to find witnesses or obtain footage. They know how to retrieve police reports, 911 tapes, or employer safety records. They can preserve evidence that you might not even be aware of (like vehicle black box data in a car accident, or cell phone records to prove the other driver was texting). Moreover, attorneys often work with a network of experts – accident reconstructionists, medical experts, economists, vocational specialists – who can provide expert opinions to bolster your case. These experts can be critical, for example, to explain to a jury how an accident happened or to calculate the lifetime cost of a disability. As an individual, hiring these experts on your own would be prohibitively expensive; injury attorneys typically front these costs and only get reimbursed if the case is won.
Negotiation Skills and Insurance Know-How: Negotiating with an insurance company is not like haggling at a market. Insurance adjusters are trained professionals who handle claims every day and their loyalty is to their employer’s bottom line. They may sound friendly, but their job is to pay as little as possible. A personal injury attorney speaks their language. Many injury lawyers are very experienced negotiators – some even are former insurance defense attorneys, so they know the playbook from the inside. They won’t be intimidated by low offers or legal jargon. Your lawyer can counter unreasonable arguments (like disputing liability or the value of treatment) with facts and law. Simply having a reputable attorney signals to the insurer that you mean business and can’t be easily fooled. It often leads to higher offers. There’s an old industry saying that “the value of a case increases when the plaintiff gets a lawyer,” and research generally shows that people with legal representation tend to recover more on average than those who handle claims on their own.
Trial Representation and Advocacy: If your case goes to trial, you absolutely want a competent attorney advocating for you in front of a jury. Trial is a complex art – selecting jurors, making opening statements, cross-examining witnesses, raising objections, and giving persuasive closing arguments. An experienced trial lawyer from San Antonio will know how to craft a narrative that resonates with a Texas jury. They will use evidence effectively and follow the courtroom rules of evidence and procedure (which are very strict). Attempting to represent yourself in a trial would be like trying to perform surgery on yourself – not advisable. And when the other side sees that your lawyers are ready and willing to go to trial, they are more likely to put serious settlement money on the table to avoid facing them in court.
Contingency Fee – No Upfront Costs: People often worry, “I can’t afford a lawyer.” But in personal injury cases, the standard practice is a contingency fee arrangement. This means you pay nothing upfront or out-of-pocket. The attorney’s fee is a percentage of the recovery. If they don’t win money for you, they don’t get paid. If they do win, the fee comes out of the settlement or judgment at the end. This system aligns your lawyer’s interests with yours – they have incentive to maximize your compensation. It also opens the courthouse doors to everyone, regardless of wealth; even someone who cannot afford hourly attorney fees can still hire one of the best San Antonio injury lawyers because of the contingency system. When you meet with a lawyer, they will explain their fee in a free consultation. Make sure you’re comfortable with it and that any other costs (like expert fees) are explained. The good thing is you won’t be writing checks as the case goes – the lawyer advances those costs and is repaid out of the recovery. If, by some chance, there is no recovery, you often owe nothing (most firms eat the costs in that scenario, which is a risk they take).
Emotional Support and Guidance: Beyond the legalities, a local attorney understands the human side of what you’re going through. At our firm, for example, we’ve seen how an injury impacts not just the victim but their whole family. A compassionate lawyer will listen to your concerns, keep you updated, and genuinely care about your well-being. We often help clients find doctors or specialists, or connect them with resources (like vehicle repair shops or therapists for trauma). During a stressful time, it’s reassuring to have a professional in your corner who handles the hard conversations and fights the battles for you, so you can focus on healing. We also make sure our clients avoid common pitfalls – like social media posts or talking to the wrong people about the case – which could inadvertently harm their claim.
Maximizing Your Compensation Legally: There are many legal strategies to maximize what you get. For instance, ensuring all liable parties are identified (maybe more than one driver, or a negligent employer, etc.). Or using theories like vicarious liability or product liability if applicable. Lawyers also protect you from liens and subrogation issues – if your health insurance or Medicare paid some bills, they may assert a lien on your settlement; a lawyer often can negotiate those down so you keep more of your money. Similarly, if you owe child support or other liens, that has to be navigated. Handling these without an attorney can be overwhelming and you might end up with less net recovery.
Choosing the Right Attorney: If you decide to get a lawyer, choose wisely. Look for:

Experience: How long have they practiced personal injury law? Do they have the highest level of skill in it (as opposed to dabbling in many areas)?
Track record: Have they handled cases similar to yours successfully? Do they actually go to trial when needed? It’s okay to ask about verdicts and settlements they’ve obtained.
Client focus: Do they communicate well and seem to genuinely care? You want someone who will return your calls and keep you informed. Check reviews or testimonials if available.
Resources: A well-prepared case can require some investment (for experts, etc.). Does the firm have the resources to put into your case? A firm’s size isn’t everything, but you want to be sure they’re not cutting corners.
Local reputation: In San Antonio, who do people recommend? A local attorney with a good reputation can sometimes even help in negotiations (insurers know who fights hard).
Language and accessibility: San Antonio is a bilingual city. If you’re more comfortable in Spanish, for example, seek a firm that can accommodate that. The Law Firm of Oscar A. Garza, for instance, proudly serves clients in both English and Spanish – “se habla español” – so nothing is lost in translation and clients can express themselves fully. Being comfortable with communication is key.

No Fee Unless We Win – Our Promise: At Oscar Garza Law (and many injury firms like ours), our promise to clients is simple: you owe us nothing unless we win your case. We advance all costs, and our payment comes as a percentage of the settlement or award. This means anyone can afford quality legal representation, and you can hire us with confidence that we are motivated to get you the best result possible. Our firm has recovered millions of dollars for clients across Texas – but beyond the numbers, we’re proud of how we’ve helped individuals and families put their lives back together after difficult times. From day one, we treat you with respect, compassion, and commit to fight tirelessly for your rights.

In conclusion, dealing with the legal aftermath of an injury is not something you have to (or should) do alone. There’s a lot at stake – your health, your finances, your future. Having a dedicated personal injury attorney in San Antonio advocating for you greatly increases your chances of a favorable outcome. It can relieve your stress, level the playing field against insurance companies, and ultimately help secure the resources you need to recover and move forward.

Final Thoughts: Suffering an injury because of someone else’s negligence is painful and unfair, but the law provides a way to seek justice and compensation. We hope this 8-part guide has given you a clearer understanding of personal injury law in Texas and the steps to take after an accident. Knowledge is power – and now you have the basic knowledge to make informed decisions. If you remember nothing else, remember this: you have rights, and help is available. Don’t be afraid to reach out to a qualified attorney to discuss your case. Most will happily review your situation for free and advise you of your options.

At The Law Firm of Oscar A. Garza, we’re here to support our community in San Antonio and beyond. Whether it’s a car crash, motorcycle wreck, slip and fall, or any serious injury, our experienced team is ready to listen to your story and stand up for your rights. You don’t have to go through this alone. Give us a call anytime for a free consultation – we’ll gladly answer your questions and explain how we can assist. Our mission is to handle the legal fight so you can focus on healing and getting life back on track.

Stay safe out there, and remember that if the unexpected happens, there are professionals who will have your back. Take care, and we wish you a speedy recovery and the best on your road ahead.