San Antonio Guide to Texas Personal Injury Law & Rights

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Introduction: Why Every Injured San Antonian Needs to Understand Texas Personal Injury Law

Whether you were rear-ended on Loop 410, slipped in a River Walk restaurant, or suffered a workplace accident at one of San Antonio’s booming logistics centers, understanding your rights under Texas personal injury law is critical. Texas allows injured people to pursue compensation when someone else’s negligence, recklessness, or intentional act causes harm. Yet strict deadlines, complex comparative fault rules, and aggressive insurance adjusters can derail legitimate claims. This guide—crafted specifically for residents of San Antonio, Texas—explains the legal landscape, step-by-step actions, and key resources you need to protect your health and financial future. While we lean slightly in favor of injured individuals, every statement below is grounded in Texas statutes, court precedents, and reliable agency guidance.

Common local claim types include:

• Auto, truck, and motorcycle collisions on I-10, U.S. 281, or congested urban streets

• Slip-and-fall or trip-and-fall incidents in retail stores, hotels, and historic sites

• Construction and oil-field injuries common to South Texas industries

• Defective consumer products or pharmaceuticals

• Wrongful death lawsuits after fatal accidents

Below, we break down what the Texas Civil Practice and Remedies Code (TCPRC) says, how Bexar County courts apply those rules, and what practical steps you should take from the moment an accident occurs until your case is resolved.

Understanding Texas Personal Injury Law

Statute of Limitations: The Two-Year Countdown

Section 16.003 of the Texas Civil Practice and Remedies Code sets a two-year statute of limitations for most personal injury and wrongful death actions. The clock usually starts on the date of injury or, in wrongful death, the date of death. Filing even one day late typically bars recovery. Limited exceptions (known as tolling) may apply to minors, persons of unsound mind, or claims involving undiscovered injuries from toxic exposure, but do not rely on these exceptions without consulting counsel.

Negligence and the Elements You Must Prove

Texas follows traditional negligence principles:

• Duty – The defendant owed you a legal duty (e.g., motorists must drive reasonably, property owners must keep premises safe).

• Breach – The defendant breached that duty.

• Causation – The breach caused your injuries (both cause-in-fact and proximate cause).

• Damages – You suffered compensable losses (medical bills, lost wages, pain, and more).

Evidence must show each element by a preponderance (more likely than not). Police crash reports, surveillance footage, eyewitness statements, and medical records often make or break cases.

Modified Comparative Fault: The 51% Bar Rule

Section 33.001 of the TCPRC adopts modified comparative fault, meaning you can recover damages so long as you are not more than 50% responsible. If you share fault, your recovery is reduced in proportion to your percentage of blame. For example, if a jury awards $100,000 but finds you 30% at fault, you receive $70,000. At 51% fault, you take nothing.

Available Damages in Texas

• Economic – Past and future medical expenses, lost earnings, household services.

• Non-Economic – Pain, mental anguish, physical impairment, loss of consortium.

• Exemplary (Punitive) – Awarded under TCPRC §41 when the defendant’s conduct is grossly negligent or malicious, capped at the greater of (a) $200,000 or (b) two times economic plus non-economic damages up to $750,000.

Medical malpractice damages face separate caps of $250,000 per physician and $500,000 total for a health-care institution under Chapter 74.

Common Types of Personal Injury Cases in Texas

Motor Vehicle Collisions

San Antonio leads Texas in rear-end collisions, according to TxDOT’s most recent Crash Statistics. Proving negligence often involves showing traffic law violations (e.g., Tex. Transp. Code §545.062 for following distance) and cell-phone records for distracted driving. Commercial truck cases require compliance audits of Federal Motor Carrier Safety Regulations as well.

Slip-and-Fall / Premises Liability

Under Houston Lighting & Power Co. v. Reed, 365 S.W.3d 601 (Tex. 2012), invitees must show the owner knew or reasonably should have known of a dangerous condition and failed to correct it. Photographs, incident reports, and employee maintenance logs are key evidence.

Workplace Injuries & Non-Subscriber Claims

Texas uniquely allows employers to opt out of state workers’ compensation. If your employer is a non-subscriber, you may file a negligence lawsuit without facing the typical workers’ compensation immunity. For covered employers, workers’ comp is usually the exclusive remedy, but third-party claims (e.g., defective equipment) remain viable.

Product Liability

In defective product cases, claimants may sue manufacturers, designers, and retailers under strict liability, negligence, or breach of warranty theories. Evidence often includes expert engineering testimony and recalls published by the Consumer Product Safety Commission.

Wrongful Death & Survival Actions

The Texas Wrongful Death Act (TCPRC §71.001) lets eligible family members seek compensation for pecuniary losses, loss of companionship, and mental anguish. Concurrently, the Estate may recover the decedent’s personal claims via a survival action, benefiting heirs or beneficiaries.

Texas Legal Protections, Regulations & Recent Court Rulings

Key Statutes and Administrative Codes

• TCPRC Title 4 – Liability in Tort

• Insurance Code Chapter 542 – Prompt payment of claims

• Transportation Code Chapter 601 – Mandatory auto liability coverage minimums ($30,000 per person / $60,000 per accident / $25,000 property damage)

Damage Caps and Constitutional Challenges

In Tenet Hospitals Ltd. v. Rivera, 445 S.W.3d 698 (Tex. 2014), the Texas Supreme Court reaffirmed statutory medical malpractice caps as constitutional. Non-economic caps in other personal injury contexts are limited to exemplary damages, not compensatory damages.

Insurance Bad-Faith Protections

Texas policyholders benefit from Stoker and Hall standards, permitting extra-contractual suits when carriers unreasonably delay or deny claims. The Texas Department of Insurance (TDI) oversees complaints and licensing.

Impact of Recent Comparative Fault Cases

In Crosstex N. Tex. Pipeline, L.P. v. Gardiner, 505 S.W.3d 580 (Tex. 2016), the Court clarified proximate cause analysis, emphasizing foreseeability standards—often pivotal in premises and product cases.

Steps to Take Immediately After an Injury

• Seek Medical Attention – Dial 911 or visit University Hospital. Delayed care can jeopardize health and allow insurers to argue your injuries are unrelated.

• Document the Scene – Photograph vehicles, hazards, lighting, weather, and your visible injuries. If you slipped on spilled salsa at a Market Square eatery, capture the floor condition before cleanup crews arrive.

• Gather Witness Information – Names, phone numbers, and email addresses; contemporaneous statements carry more weight than recollections months later.

File an Official Report

  - Auto: San Antonio Police Department Crash Report (CR-3).

  - Premises: Store or property incident report.

  - Workplace: OSHA Form 301 and employer notice within 30 days.

• Notify the At-Fault Party’s Insurer – Provide basic facts only. Avoid recorded statements until you obtain legal advice.

• Preserve Physical Evidence – Keep damaged helmets, shoes, or machinery components. Do not repair or discard items without photographing first.

• Track All Damages – Maintain a folder for medical bills, mileage, pharmacy receipts, and a pain journal documenting sleep loss, therapy, and emotional distress.

• Consult a Qualified Texas Personal Injury Lawyer – Early representation helps prevent missed deadlines and undervalued settlements.

When to Seek Legal Help in Texas

Minor property-damage crashes may settle without counsel, but complex or high-value personal injury cases warrant professional help. You should strongly consider hiring an attorney if:

• Your injuries required hospitalization, surgery, or cause long-term disability.

• Liability is disputed or multiple parties are involved (e.g., a multi-vehicle pile-up on I-35).

• The insurance adjuster pressures you to accept a quick, lowball offer.

• You suspect defective product or safety-rule violations.

• The two-year statute of limitations is approaching.

Louis Law Group’s San Antonio team focuses exclusively on helping injured Texans. We advance case costs, work on a contingency fee, and do not get paid unless we win. Our attorneys are licensed by the State Bar of Texas and have litigated cases in Bexar County District Courts and federal Western District of Texas.

Local Resources & Next Steps for San Antonio Residents

Bexar County Courts – Filing fees, docket information, and courthouse locations. San Antonio Bar Association – Lawyer referral and basic legal clinics. Texas Law Help – Free legal forms and self-help resources.

Still have questions about your Texas injury claim? Louis Law Group offers a free, no-obligation case evaluation. If you’ve been injured in Texas, call 833-657-4812 today. Our San Antonio accident attorneys stand ready to fight for the compensation you deserve.

Legal Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Laws and court rules change; consult a licensed Texas attorney about your specific circumstances.