Texas Personal Injury Law in San Antonio: Complete Guide

13 min read

Introduction: Why Every Injured San Antonian Needs a Texas-Specific Guide

San Antonio’s fast-growing population, thriving tourism industry, and dense traffic corridors such as I-10, Loop 1604, and Highway 281 unfortunately contribute to thousands of injuries each year. According to the Texas Department of Transportation, Bexar County recorded more than 42,000 crashes in 2022 alone, resulting in 177 fatalities and over 1,000 serious injuries. If you have been hurt in a car accident, slip-and-fall, workplace mishap, defective product incident, or have lost a loved one to wrongful death, understanding Texas personal injury law is essential to protecting your health and your financial future.

This guide is written specifically for injured residents of San Antonio, Texas. It walks you through the laws, deadlines, and local procedures that govern personal injury claims—providing practical, step-by-step advice while slightly favoring the rights of accident victims. We also highlight local resources, court locations, and common pitfalls so you can make informed decisions about your case.

Quick Snapshot of What You’ll Learn

• Key provisions of the Texas Civil Practice and Remedies Code—including the two-year statute of limitations and modified comparative fault rule.

• How to prove liability and damages in different case types such as auto wrecks, premises liability, and product defects.

• Damage caps that may limit certain recoveries, and exceptions you may leverage.

• Concrete steps—from medical treatment to evidence preservation—to strengthen your claim.

• When and how to secure experienced legal counsel from Louis Law Group for a free, no-obligation review at 833-657-4812.

Understanding Texas Personal Injury Law

1. Statute of Limitations: The Two-Year Countdown

Texas generally provides injured parties two years from the date of the accident to file a lawsuit (Texas Civil Practice and Remedies Code §16.003). If you miss this deadline, the court will almost certainly dismiss your case—no matter how severe your injuries or how clear the defendant’s fault appears. Limited exceptions exist (for minors, certain product-liability claims, or where the injury was not discoverable), but courts apply them narrowly.

2. Modified Comparative Fault—The 51% Rule

Texas follows a modified comparative negligence system (Tex. Civ. Prac. & Rem. Code §§33.001–33.017). If you are 50% or less at fault, your damages are reduced by your percentage of responsibility. However, if a judge or jury finds you 51% or more responsible, you recover nothing. Thus, documenting evidence that minimizes your own fault—such as photos, surveillance videos, or witness statements—is critical in San Antonio courts.

3. Types of Damages Available

• Economic damages: medical bills, lost wages, rehabilitation, property damage.

• Non-economic damages: pain and suffering, emotional distress, loss of consortium.

• Exemplary (punitive) damages: awarded when the defendant acted with gross negligence or malice. Texas caps punitive damages at the greater of (a) two times economic damages plus non-economic up to $750,000, or (b) $200,000 (Tex. Civ. Prac. & Rem. Code §41.008).

Common Types of Personal Injury Cases in Texas

1. Auto and Truck Accidents

San Antonio’s major thoroughfares see heavy traffic and frequent collisions. To prevail, an injured driver or passenger must show:

• The defendant owed a duty to operate the vehicle reasonably.

• The defendant breached that duty (e.g., speeding, texting, DWI).

• The breach caused the crash and your injuries.

• You incurred measurable damages.

Commercial truck cases often involve federal regulations (FMCSA) and additional parties—trucking companies, maintenance contractors, and cargo loaders—potentially expanding avenues of recovery.

2. Slip-and-Fall / Premises Liability

Under Texas law, property owners owe varying duties depending on your status (invitee, licensee, or trespasser). To recover as an invitee (such as a shopper at North Star Mall), you must prove the owner knew or reasonably should have known of the hazard (e.g., spilled liquid) and failed to fix or warn of it. Surveillance footage, incident reports, and prompt notice to the manager strengthen your claim.

3. Workplace Injuries

Texas is unique because employers may opt out of the workers’ compensation system. If your employer carries workers’ comp, you generally recover through that administrative process, regardless of fault. If not, you can sue the employer directly, and they lose certain defenses—making it easier for injured workers to prevail.

4. Defective Products

Texas recognizes strict liability for defective design, manufacturing flaws, and inadequate warnings. Plaintiffs often use expert testimony, product recalls, and testing data to prove a safer alternative design existed. Note that the statute of repose may bar claims more than 15 years after the product’s sale (Tex. Civ. Prac. & Rem. Code §16.012).

5. Wrongful Death and Survival Actions

When negligence causes a loved one’s death, certain family members (spouse, children, parents) may bring a wrongful death action within two years. Damages include lost earning capacity, mental anguish, and loss of companionship. A related survival claim, filed by the estate, seeks damages the deceased could have pursued if alive.

Texas Legal Protections & Recent Court Rulings

1. Damage Caps in Medical Malpractice

Texas Civil Practice and Remedies Code §74.301 limits non-economic damages in medical liability cases to $250,000 per claimant against a single physician or health-care provider, and $500,000 overall against all health-care institutions. Economic damages remain uncapped.

2. Admissibility of Seat Belt Evidence

In Nabors Well Services, Ltd. v. Romero (TEX. 2016), the Texas Supreme Court held that evidence of a plaintiff’s failure to wear a seat belt is admissible to reduce damages. San Antonio claimants should therefore document proper seat belt usage to avoid unnecessary reductions.

3. Insurance Bad Faith Protections

Chapter 541 of the Texas Insurance Code permits injured parties to sue insurers for unfair claim settlement practices. The Texas Department of Insurance (TDI) also investigates complaints and can impose administrative penalties—leverage that may encourage fairer settlements.

4. Pre-Suit Notice Requirements

Certain claims, notably health-care liability, require pre-suit notice and an expert report within 120 days of filing. Missing these triggers dismissal, making early attorney involvement crucial.

Practical Steps to Take After an Injury in San Antonio

Step 1: Seek Immediate Medical Attention

Even if you feel “okay,” latent injuries such as whiplash or internal bleeding can worsen. Prompt medical care creates a contemporaneous record linking the accident to your injuries—critical when negotiating with insurers.

Step 2: Report and Document the Incident

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

• Slip-and-fall: File an incident report with store management and request a copy.

• Workplace injury: Notify your supervisor within 30 days (if worker’s comp applies) and complete DWC-041.

Step 3: Preserve Evidence

• Photograph the scene, injuries, and any hazards (wet floor, defective equipment, skid marks).

• Collect names, addresses, and statements of witnesses.

• Retain damaged property such as a cracked helmet or faulty airbag module.

• Secure vehicle black-box data or surveillance video before it is overwritten.

Step 4: Notify Insurance—but Choose Your Words Wisely

Texas insurers may request recorded statements quickly. Provide basic facts but avoid speculation; politely decline detailed questioning until you speak with counsel. Misstatements can be used against you under the modified comparative fault rule.

Step 5: Track Expenses and Losses

Save every medical bill, prescription receipt, mileage log, and pay-stub illustrating lost income. Texas courts require specific proof to award damages; incomplete records reduce settlement value.

Step 6: Consult a Personal Injury Attorney Early

An attorney can send spoliation letters, preserve evidence, and calculate full damages—including future medical costs and diminished earning capacity—ensuring you do not settle for less than you deserve.

When to Seek Legal Help in Texas

While minor fender-benders may be resolved without counsel, you should consult a lawyer when:

• You sustain fractures, head trauma, spinal injuries, or require surgery.

• Liability is disputed or you may share fault.

• Multiple parties or commercial entities are involved (e.g., rideshare drivers, trucking companies).

• An insurer delays, undervalues, or denies your claim.

• The injury occurred at a non-subscriber workplace or involved a defective product.

Louis Law Group focuses exclusively on representing injured Texans. Our attorneys are licensed by the State Bar of Texas and have recovered millions for clients through negotiation and litigation. We front all costs, and you pay nothing unless we obtain compensation. To protect your rights, call 833-657-4812 for a free, same-day case evaluation.

Local Resources & Next Steps for San Antonio Claimants

Courts and Agencies

Bexar County District Courts – File civil lawsuits over $200. Texas Judicial Branch – Appellate procedures and self-help resources. Texas Department of Insurance – File complaints against insurers.

• San Antonio Bar Association Lawyer Referral Service – (210) 227-1853.

Non-Profit Legal Aid

• Texas RioGrande Legal Aid: Free civil legal services for qualifying low-income residents.

• St. Mary’s University Law Clinics: Assistance with personal injury and consumer matters.

Take Action Today

The longer you wait, the more leverage insurers gain and the closer you inch toward Texas’ strict two-year deadline. Preserve your rights and peace of mind.

Call Louis Law Group at 833-657-4812 right now for a free case evaluation. Our San Antonio accident attorneys will listen to your story, outline your options, and charge no upfront fees. You have nothing to lose—and potentially substantial compensation to gain.

Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed Texas personal injury lawyer about your specific situation.