San Antonio Texas Personal Injury Law Guide & Rights

Estimated reading time: 12 min read

Introduction: Why Knowing Your Texas Personal Injury Rights Matters in San Antonio

Every year thousands of people in the San Antonio area are hurt in auto collisions on I-10, slip-and-falls in the city’s thriving River Walk entertainment district, and workplace accidents at Port San Antonio. Whether you are dealing with medical bills after a rear-end crash or missed paychecks because of a defective machine at work, Texas law gives you the right to pursue compensation from the party whose negligence caused your losses. Understanding those rights—and acting before critical deadlines expire—can make the difference between a full financial recovery and bearing the burden alone.

This comprehensive guide was written for injured individuals and their families in San Antonio, Texas. It covers:

• Texas statutes of limitations and fault rules

• Common types of personal injury cases (car, truck, motorcycle, slip-and-fall, workplace injuries, defective products, wrongful death)

• Key Texas regulations, damages caps, and recent court precedents

• Step-by-step actions to protect your claim

• Local resources—from the Texas Department of Insurance to Bexar County courts—so you know where to turn

If you have additional questions, call Louis Law Group at 833-657-4812 for a free case evaluation. We fight for the rights of accident victims across Texas and never charge fees unless we win.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Clock Is Ticking

Section 16.003 of the Texas Civil Practice and Remedies Code sets a two-year statute of limitations for most personal injury suits, including motor-vehicle accidents, premises liability, and product liability. In general you have two years from the date of injury to file a lawsuit in a Texas civil court. Missing the deadline almost always leads to dismissal, no matter how strong the underlying evidence. Important exceptions:

• Minor children: The clock usually does not begin until the child turns 18.

• Wrongful death: Two years from the date of death, which can differ from the date of injury.

• Government defendants: You must file written notice with the governmental unit—such as the City of San Antonio—within six months of the incident under Texas Tort Claims Act §101.101.

2. Negligence and Comparative Fault

Texas follows a modified comparative fault rule (§33.001–33.017 CPRC). If you are 50% or less responsible for the accident, you can still recover damages, but your award is reduced by your percentage of fault. At 51% or more fault, you recover nothing. Because insurers often argue injured people are mostly to blame, early legal representation is vital.

3. Damages Available

• Economic: medical bills, future treatment costs, lost wages, diminished earning capacity, property damage.

• Non-economic: pain and suffering, mental anguish, loss of enjoyment of life, disfigurement.

• Exemplary (punitive) damages: Available when the defendant acted with fraud, malice, or gross negligence (§41.003 CPRC). Capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.

Common Types of Personal Injury Cases in Texas

1. Motor-Vehicle Collisions

San Antonio reported more than 38,000 crashes in the most recent Texas Department of Transportation (TxDOT) dataset. Common causes include distracted driving on Loop 1604, drunk driving on weekends, and speeding on I-35. To win, you must prove:

• The defendant owed you a duty to operate a vehicle safely.

• The duty was breached (e.g., texting, running a red light).

• The breach caused your injuries.

• You suffered damages (medical bills, lost income, etc.).

2. Slip-and-Fall / Premises Liability

Under §75.002 CPRC, property owners owe different duties depending on whether you are an invitee, licensee, or trespasser. The majority of shopping-center and restaurant patrons are invitees, meaning the owner must exercise ordinary care to keep the premises reasonably safe, including inspecting for hazards like wet floors or broken stairs.

3. Workplace Accidents

Texas does not require private employers to carry workers’ compensation insurance. If your employer is a nonsubscriber, you can file a negligence claim in civil court and are not limited to workers’ compensation benefits. Even when workers’ compensation applies, third-party claims (against general contractors, property owners, or equipment manufacturers) may be available.

4. Defective Products

Texas follows strict liability for defective products under §82.001 CPRC. You must show the product was unreasonably dangerous and reached you without substantial change. Recent Texas cases have involved faulty air-bag inflators, contaminated food, and defective children’s toys.

5. Wrongful Death

Spouses, children, and parents may file under §71.004 CPRC when the death was caused by neglect, wrongful act, or carelessness. If they do not file within three months, the estate executor may pursue the claim.

Texas Legal Protections & Recent Court Rulings

1. Caps on Damages in Healthcare Liability Claims

Texas Medical Liability Act (§74.301 CPRC) limits non-economic damages against individual physicians to $250,000 and against healthcare institutions to $250,000 per defendant (maximum $500,000). These caps do not apply to economic losses like past medical bills.

2. Dram Shop Liability

Under §2.02 of the Texas Alcoholic Beverage Code, licensed alcohol providers may be liable if they served an obviously intoxicated patron who later caused injury. The 2021 Texas Supreme Court case Catholic Diocese v. Hernandez reaffirmed that plaintiffs must prove the patron was “obviously intoxicated to the extent he presented a clear danger.”

3. Gross Negligence & Trucking Accidents

In Punzo v. Mandera (Tex. 2022), the court clarified that a trucking company’s failure to comply with federal hours-of-service rules can support a punitive-damages finding if it shows conscious indifference to motorists’ safety.

4. Ride-Share Legislation

The 2017 statewide ride-share statute (HB 100) requires companies like Uber and Lyft to carry $1 million in liability coverage from the moment a ride is accepted until drop-off. This coverage is often critical in San Antonio’s downtown and airport corridors.

Steps to Take After an Injury

1. Seek Medical Attention Immediately

Your health comes first and your records form the backbone of your claim. Accept EMS transport if recommended, or visit an emergency room/urgent care within 24 hours. Delays allow insurers to argue you were not truly hurt.

2. Report and Document the Incident

• Auto crashes: Call SAPD or Bexar County Sheriff and obtain the CR-3 crash report.

• Slip-and-fall: Notify the store manager, insist on an incident report, and take photos of the hazard before it is cleaned.

• Workplace injuries: Provide written notice to your employer within 30 days (Texas Labor Code §409.001) to preserve workers’ compensation eligibility.

3. Preserve Evidence

• Photograph injuries, vehicle damage, and the accident scene from multiple angles.

• Save physical evidence (defective products, torn clothing, broken handrails).

• Collect names and contact information of witnesses.

• Back up dash-cam or surveillance footage; request copies in writing.

4. Track Expenses and Losses

Maintain a dedicated folder for medical bills, prescriptions, mileage to appointments, and pay stubs showing lost wages. Keep a daily pain journal describing your physical limitations and emotional struggles.

5. Notify the Insurer—Cautiously

Texas insurers often require notice “promptly” or within 30 days. Provide only basic facts until you have consulted a San Antonio accident attorney. Recorded statements can be used against you.

When to Seek Legal Help in Texas

While minor property-damage claims can sometimes be handled without counsel, you should contact a personal injury lawyer Texas residents trust when:

• You suffered fractures, surgeries, traumatic brain injury, or any condition likely to exceed $10,000 in medical costs.

• Fault is disputed or multiple vehicles/parties are involved.

• The defendant is a governmental entity or large corporation.

• The insurer delays, denies, or offers an unreasonably low settlement.

Louis Law Group has recovered millions for Texas clients. We advance all costs, work with top medical experts, and negotiate aggressively so you can focus on healing. There are no fees unless we win, and consultations are always free.

Local Resources & Next Steps

Texas Department of Insurance (TDI) – File insurance complaints and verify carrier licenses. Bexar County District Courts – Location for most civil lawsuits exceeding $250,000. State Bar of Texas Lawyer Referral & Information Service – Helps residents confirm attorney licensure and discipline history.

• San Antonio Legal Aid Society – Low-income residents can request free legal assistance in limited circumstances (call 210-227-8828).

If you are unsure about jurisdiction or filing procedures, you can also consult the Texas Judicial Branch website for statewide court rules and e-filing portals.

Protect Your Rights Today

You deserve full and fair compensation for your injuries. Evidence fades, eyewitness memories blur, and strict Texas deadlines apply. If you’ve been injured in Texas, call Louis Law Group at 833-657-4812 for a free case evaluation. We will explain your options, handle the paperwork, and fight to maximize your recovery so you can rebuild your life.

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a qualified lawyer for advice regarding your individual situation.