San Antonio Personal Injury Lawyer

People can suffer a wide range of injuries in San Antonio, depending on the type of accident--and the severity of injuries ranges greatly as well. Here are some common types of personal injuries that we help people recover compensation for at Trust Guss Injury Lawyers:

• Whiplash and other neck injuries: Often associated with car accidents, whiplash is a neck injury caused by a sudden jerking motion that can strain the neck muscles and ligaments.
• Fractures: Broken bones can result from various accidents, such as falls, car crashes, and sports injuries.
• Sprains and Strains: These injuries involve damage to ligaments (sprains) or muscles/tendons (strains) due to overextension or trauma.
• Concussions: A type of traumatic brain injury caused by a blow to the head or a violent shaking, commonly occurring in accidents and contact sports.
• Cuts and Lacerations: These injuries involve open wounds and can occur due to accidents involving sharp objects or tools.
• Burns: Burns can result from exposure to heat, chemicals, electricity, or radiation, and are classified by degrees of severity.
• Soft Tissue Injuries: These injuries affect muscles, tendons, and ligaments and can lead to pain, swelling, and limited mobility.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis and may have lifelong consequences.
• Amputations: Loss of a body part, often caused by accidents involving heavy machinery, can have significant physical and emotional effects.
• Dislocations: Joints can be forcefully displaced from their normal positions, causing pain, swelling, and restricted movement.
• Internal Organ Injuries: Trauma to internal organs, such as the liver, spleen, or kidneys, can result from accidents or blunt force impacts.
• Brain Injuries: Besides concussions, more severe brain injuries like contusions or diffuse axonal injuries can have lasting cognitive and physical effects.
• Degloving Injuries: These involve the removal of skin and underlying tissue from a body part, often due to accidents involving machinery.
• Electrocution Injuries: Injuries caused by exposure to electric shocks can range from minor burns to severe organ damage.
• Crush Injuries: These injuries occur when a body part is subjected to extreme pressure or force, often resulting in fractures and soft tissue damage.

It's important to note that these are general categories, and each injury can have a wide range of severity and implications. If you've suffered a personal injury due to someone else's negligence or intentional actions, you should consult with an experienced San Antonio personal injury attorney who can help you understand your legal rights and options for seeking compensation.

If you're involved in an accident in San Antonio, Texas, there are several important steps you should take to ensure your safety, protect your rights, and gather necessary information for potential insurance claims or legal actions. Here's what you should do after an accident:

1. Check for Injuries: First and foremost, check yourself and others involved for injuries. If anyone is seriously injured, call 911 immediately to request medical assistance.
2. Move to Safety: If possible, move your vehicle out of traffic to a safe location, such as the shoulder of the road. This helps prevent further accidents and ensures your safety.
3. Call Law Enforcement: Regardless of the severity of the accident, it's a good idea to call the police. They will create an accident report, which can be valuable for insurance claims and legal purposes.
4. Exchange Information: Exchange information with the other parties involved in the accident. This includes names, contact information, insurance details, and vehicle information. If there are witnesses, gather their contact information as well.
5. Document the Scene: Take photos of the accident scene, including vehicle damage, license plates, street signs, and any relevant road conditions. This documentation can be important for insurance claims and legal proceedings.
6. Report to Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with accurate information about the accident and the other parties involved. Be truthful but avoid admitting fault, as fault determination can be complex.
7. Seek Medical Attention: Even if you don't feel seriously injured, it's a good idea to seek medical attention. Some injuries might not be immediately apparent. Medical documentation is important for your health and any potential insurance claims or legal actions.
8. Gather Evidence: Keep all documents related to the accident, including the police report, medical records, photographs, and any communication with insurance companies.
9. Contact an Attorney: If you sustained injuries or significant property damage, consider consulting a personal injury attorney. They can advise you on your legal rights and help you navigate the claims process.
10. Observe the Statute of Limitations: If you plan to file a personal injury lawsuit, be aware of the statute of limitations in Texas, which sets a time limit for how long you have to file a claim.
11. Cooperate with Authorities: If the police or other authorities request information, cooperate fully and provide accurate details about the accident.

Remember, your safety and well-being are the top priorities. Following these steps can help you protect your interests and ensure that you have the necessary information to handle insurance claims or potential legal actions after an accident in San Antonio.

In personal injury cases, the injured victim has the responsibility of proving liability, injuries, and the expenses or losses related to those injuries.

In personal injury cases, the accident victim must be able to show that the other party owed a duty of care. In a car accident case, for example, motor vehicle operators owe a duty of care to all other drivers and pedestrians on or near the roadway and must obey the laws of the roadway. The accident victim must also be able to show that the other person violated this duty of care. In the motor vehicle accident context, this means violating a traffic law, such as by significantly exceeding the posted speed limit or driving distracted.

This violation of the established duty of care must directly result in the accident that caused the victim to sustain the claimed injuries and financial damages.

Proving the elements of a personal injury negligence case can be difficult, especially when dealing with insurance companies and adjusters, whose job it is to do everything they can to minimize the settlement payment of a personal injury case. The team of San Antonio personal injury attorneys and legal professionals at Trust Guss Injury Lawyers, can help you prove the necessary legal elements to prevail in your personal injury case.

The amount of compensable damages available to personal injury accident victims varies depending upon the circumstances, as well as the nature and extent of the injuries sustained in the accident. Common types of economic and noneconomic damages which are available to personal injury plaintiffs include compensation for:

• Medical and physical therapy bills—Serious accidents can result in medical treatment, including physical therapy, occupational therapy, and complicated surgical procedures. All of these expenses are compensable under the law when directly related to the same accident.
• Lost wages—Following some accidents, the injuries are so severe that the accident victim must miss time from work to attend medical appointments—or just to rest up and recover from the injuries sustained. Missed work time is compensable if a doctor authorizes the accident victim to remain off work for a certain period of time.
• Pain and suffering—In addition to receiving compensation for medical bills and lost wages, accident victims may also be able to recover monetary compensation for the suffering, pain, and inconvenience they were forced to go through following a serious accident. Although the amount of these damages can vary from case to case, they are usually based upon the impact an accident has on the accident victim’s quality of life and ability to function and perform normal tasks.
• Emotional distress—An accident victim may also be able to recover monetary compensation for all of the mental anguish and emotional distress suffered because of the accident. These damages may include monetary compensation for related psychiatric or psychological evaluations or treatment.
• Loss of companionship—An accident victim may be able to recover compensation for loss of spousal companionship that is related to personal injuries sustained in an accident, as well as for the inability to spend time with other family members.
• Wrongful death—If the accident causes the accident victim’s death, then the surviving family members may be able to file a claim or lawsuit for wrongful death. Proving a wrongful death case is much like proving a standard personal injury case. However, the damages available to the surviving family members may include compensation for funeral expenses, as well as compensation for the decedent’s pain and suffering leading up to the time of their death.

The statute of limitation is the deadline for filing a civil lawsuit in Texas state court. With very limited exceptions, statutes of limitation are hard and fast deadlines. In other words, if a lawsuit is not filed within the specified time period, the injured plaintiff is barred from receiving compensation for their case from the at-fault party.

In a Texas personal injury case, any claim or lawsuit for damages must be filed within two years of the date of the accident.

Statutes of limitation require that cases are resolved within a reasonable period of time. If no statutes of limitation were in place, there's a good chance that essential witnesses could be unavailable by the time the case is filed, or they may forget or misconstrue important details. Also, the law does not allow someone to be potentially responsible for their negligence for the rest of their life.

Call our office as soon as possible so that our team of attorneys and legal professionals can work to ensure that your personal injury lawsuit is filed within the applicable statute of limitations time period.

The attorneys at Trust Guss Injury Lawyers work on a contingency fee basis. This means you won't pay any money upfront for us to represent you, and we will only accept a fee if we recover compensation for you. We also offer free case evaluations and consultations to injury victims, so you have nothing to lose by giving us a call and discussing your case with one of our San Antonio personal injury attorneys.

The timeline for settling a personal injury case in San Antonio can vary significantly based on the specific circumstances of your case. While it's challenging to provide an exact timeframe, here are some factors that can influence how long it takes to settle a personal injury case:

• Severity of Injuries: Cases involving more severe injuries that require extensive medical treatment, rehabilitation, and recovery time may take longer to settle.
• Medical Treatment: It's important to wait until you've reached maximum medical improvement before settling your case. This ensures that all your current and future medical expenses and treatment needs are accurately accounted for in the settlement.
• Insurance Negotiations: Negotiating with insurance companies can take time. The complexity of your case, the amount of compensation you're seeking, and the willingness of the insurance company to cooperate can impact the negotiation process.
• Liability Disputes: If there are disputes about who was at fault for the accident, resolving these disputes can extend the timeline.
• Documentation and Evidence: Gathering all necessary documentation, such as medical records, accident reports, and other evidence, can take time.
• Expert Consultations: In some cases, you may need to consult with medical experts or other specialists to accurately assess the extent of your injuries and their long-term impact.
• Preparation for Litigation: If a fair settlement cannot be reached through negotiations, your attorney might need to prepare for litigation, which involves additional time for legal filings and court proceedings.
• Negotiation Strategy: Your attorney might engage in strategic negotiations to ensure you receive fair compensation, and this can influence the timeline.

Given these variables, personal injury cases in San Antonio can take anywhere from a few months to a few years to settle. It's important to work with an experienced personal injury attorney who can guide you through the process, negotiate on your behalf, and help ensure that you receive fair compensation for your injuries and losses. Your attorney can also provide you with a better estimate of the potential timeline based on the specifics of your case.

When it comes to assessing fault in a personal injury case, the State of Texas employs the legal doctrine of modified comparative fault. Under this doctrine, an accident victim is not eligible to recover damages in a personal injury case if they are deemed 51 percent or more responsible for the accident. If the accident victim’s level of fault is 50 percent or less, the accident victim can still recover compensation for their personal injuries. However, any potential recovery will be reduced by the accident victim’s proportion of fault.

For example, in a pedestrian accident case, if the accident victim was walking slightly outside of the crosswalk lines and was deemed 25 percent responsible for the accident—so the motor vehicle driver was deemed 75 percent at fault—then the accident victim can still recover 75 percent of their proven damages.

If the insurance company is claiming that you contributed to the accident that caused your personal injuries, our team of skilled San Antonio injury lawyers and legal professionals may be able to help you fight a liability dispute and maximize the value of your case.

The personal injury claims process in San Antonio, Texas, involves several steps that you should follow to pursue compensation for injuries sustained due to the negligence or wrongful actions of another party. While each case is unique, here's a general outline of the personal injury claims process:

1. Seek Medical Attention: Your health is the top priority. Seek immediate medical attention for your injuries, even if they seem minor. Proper medical documentation is crucial for your health and for building your case.
2. Consult an Attorney: Contact a personal injury attorney in San Antonio to discuss the details of your case. Most attorneys offer free initial consultations. An attorney can help you understand your rights, assess the strength of your case, and guide you through the process.
3. Investigation: Your attorney will investigate the circumstances of the accident, gather evidence (such as accident reports, medical records, witness statements, and photographs), and assess liability (who was at fault).
4. Negotiations: Your attorney will submit your claim to the at-fault party's insurance company outlining the details of the accident, your injuries, medical treatment, and damages. Your lawyer may also submit a total dollar figure the insurance company can pay to settle your claim. The insurance company may respond with a lower settlement amount, and your attorney can negotiate to get a higher settlement.
5. Medical Evaluation: If your injuries are serious or long-term, your attorney might advise waiting until you've reached maximum medical improvement before finalizing the settlement. This ensures that all current and future medical costs are included in the compensation.
6. Settlement: If a settlement is reached, you'll receive compensation for your damages. The terms of the settlement will be documented in a release of liability agreement, and you'll typically give up your right to pursue further legal action related to the incident.
7. Litigation (If Necessary): If a fair settlement cannot be reached through negotiations, your attorney might recommend filing a lawsuit. This involves initiating a formal legal process, and both sides will present evidence and arguments. The case might go to trial, where a judge or jury will decide the outcome.
8. Resolution: If the case goes to trial, the court will make a decision. If a settlement is reached during litigation, the case will be resolved accordingly.
9. Compensation: Once a settlement or court decision is finalized, you'll receive compensation for your damages as outlined in the agreement or court ruling.

Throughout this process, your attorney will provide guidance, negotiate on your behalf, and work to ensure your rights are protected. Given the complexities of personal injury law, working with an experienced personal injury attorney in San Antonio at Trust Guss Injury Lawyers is crucial to navigating the process effectively and maximizing your potential compensation.