Guiding You Through Every Step of the Claims Process

No one expects to be injured because of someone else’s careless actions. Injuries caused by another’s negligence may allow you to seek compensation for medical care, lost income, and non-economic impacts like emotional suffering. Even so, insurance companies often try to deny or diminish claims to protect their bottom line. In cases involving catastrophic injuries, insurance providers often seek ways to blame victims to avoid paying substantial claims.

Regardless of the extent of your injuries, you need a personal injury attorney who will act as your legal representative with the insurance company. Barry Deacon Law is a trusted San Antonio personal injury law firm focused on securing justice for accident victims and recovering the maximum compensation they deserve.

Contact Barry Deacon Law to schedule a free and secure in-depth evaluation to learn more about our legal services.

What Are the Leading Causes of Personal Injury Claims?

Personal injuries often occur unexpectedly, leaving victims unprepared for what lies ahead. Although negligence can lead to a wide range of injuries, car accidents remain the leading source of personal injury claims in San Antonio.

Auto Accidents

San Antonio is well-known for its high traffic volume and dangerous intersections that significantly contribute to motor vehicle accidents. Similar to other areas nationwide, distracted driving plays a significant role in car accidents in San Antonio.

Auto accidents are not limited to car accidents; they also include motorcycle and commercial vehicle accidents. Commercial vehicle collisions are often deadly and can lead to catastrophic injuries, largely due to the significant size disparity with smaller vehicles.

Other Frequent Causes of Injury Claims

Other leading causes of personal injury claims include:

• Defective products
• Dog bites
• Premises liability accidents
• Slip and fall accidents
• Workplace accident
• Wrongful death

Regardless of whether you have suffered slip and fall injuries or are the victim of negligent security, you need an experienced personal injury lawyer who can help you navigate the claims process.

What Steps Should I Take Immediately After Being Injured in an Accident?

Knowing what to do immediately after being injured in an accident can be confusing, especially if you have suffered serious injuries. Your first step should always be to report the accident. Call 911 to notify the authorities, and do not leave the accident scene. Be sure to request a copy of the accident report.

No matter if you have been injured in a car crash or a slip and fall accident, you must seek medical attention immediately. Even if you don’t notice immediate injuries after a car accident or slip-and-fall in San Antonio, seeking prompt medical attention is crucial, as internal injuries can be life-threatening if left untreated. Be sure to keep all medical documentation provided to you, as it can offer an official, unbiased opinion of the injuries you sustained and your diagnosis.

In addition to seeking medical care, other measures to protect yourself after an accident include:

• If you have been involved in a car accident, exchange information with the other driver(s), including driver’s license and insurance details.
• Evidence in an accident can quickly disappear, so you must document the scene by taking numerous pictures and videos that will substantiate your version of events.
• Obtain the names and contact information of bystanders who witnessed the accident
• Do not post statements, photos, or videos of the accident scene on social media. Insurance companies have trained representatives whose job is to scour social media looking for evidence they can use to reduce or deny claims.
• Contact an experienced personal injury lawyer promptly to evaluate your case and assist with filing your claim.

How Long Do I Have to File a Personal Injury Claim?

Texas law typically allows personal injury victims two years from the date of their accident to file a claim. Missing this critical deadline can prevent your case from moving forward. Once your case is dismissed, you will lose all legal options for trying to recover compensation.

Depending on the circumstances involved in the case, there may be exceptions to the two-year time limit. For example, if you plan to file a claim against a government entity, you will have a shorter timeline —sometimes as little as 90 days. If the responsible party leaves the state, the two-year time limit may also be paused while they are absent.

Another notable exception to the two-year rule includes minors. Under state law, the statute of limitations clock is “tolled” (paused) for 2 years after the injury victim turns 18 and must be filed before they turn 20. Although the two-year clock is paused until the victim is considered a legal adult, consulting a personal injury lawyer immediately helps ensure no critical deadlines are missed.

Wrongful Death Claim

If your loved one died as a result of wrongful death, the statute of limitations also allows families up to two years from the date of their death. Although it can be challenging to deal with the loss of a loved one caused by someone else’s reckless behavior, speaking with an attorney immediately is the most effective way to hold the responsible party accountable for their actions.

What Type of Compensation Can I Recover After Suffering a Personal Injury?

Personal injury victims often suffer injuries that can leave them struggling to pay unexpected medical bills, lost income, and emotional trauma. One of the fundamental goals of filing a personal injury claim in Texas enable victims to seek compensation for all types of damages, including financial losses and emotional or non-economic harm.

Any financial compensation you can recover will significantly depend on the circumstances of the case.

Economic Damages

The purpose of economic damages is to compensate victims for the financial losses they have incurred because of their injuries. Common economic damages in a personal injury claim lawsuit often include:

• Past and present medical expenses, including compensation for ongoing healthcare services such as physical therapy and rehabilitation
• Lost wages and benefits
• Loss of earning potential if the victim cannot return to the same type of work they did before being injured
• Property damage

Non-Economic Damages

Because non-economic damages involve intangible losses, their value depends on the particular circumstances surrounding the claim. Some of the most commonly awarded damages include:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Permanent disfigurement and scarring

Punitive Damages

In rare cases, state law allows those harmed by another person’s negligence to seek punitive damages if specific conditions lead to their injuries. Under the law, if the defendant acted with malice, fraud, or gross negligence, proven by clear and convincing evidence, the court may award punitive damages.

Unlike compensatory economic or non-economic damages, punitive damages are awarded by a jury to punish the wrongdoer and send a message to others not to repeat the same behavior. Punitive damages are capped by state law and may not exceed $750,000, factoring in economic and non-economic damages.

What is My Personal Injury Case Worth?

One of the primary concerns for injury victims involves determining the monetary value of their case. Although a common concern, determining the worth of a personal injury claim can significantly vary based on several factors, including the severity of your injuries. As expected, the more severe the injury, such as in catastrophic cases, the greater the potential for significant financial compensation.

Other key factors that can affect the amount of compensation you may be able to obtain in a settlement include the policy coverage limits, the duration of your recovery, and the strength of the evidence. For example, even if you have suffered a catastrophic injury, there could be insurance caps on how much compensation you receive. Additionally, accident victims who have a longer recovery time often recover considerably more than those who suffer minor injuries.

The Modified Comparative Fault Rule

Another essential aspect that can affect the amount of compensation you may be eligible to receive revolves around Texas’s modified comparative fault law. Under the law, if you are found to be even partially at fault for the accident, your settlement can be reduced by your percentage of fault. If it is determined that you are 51% or more at fault, you most likely will be barred from trying to recover compensation.

A qualified personal injury lawyer can accurately value your claim and help determine what damages are appropriate for your case. Your lawyer will also fight to help prevent the insurer from trying to blame you for causing the accident. 

Barry Deacon Law is dedicated to helping you receive fair compensation for the harm you have suffered. Contact our San Antonio personal injury lawyer today to learn more about how we can fight tirelessly to recover the full value of your damages.

What Are the Benefits of Hiring a Personal Injury Attorney?

Trying to manage a personal injury claim independently can be challenging as you also try to recover from your injuries. The most strategic approach is to hire a personal injury attorney who provides skilled legal representation through every stage of the claims process.

Thorough Case Evaluation and Evidence Collection

When you hire a personal injury attorney, they will first professionally evaluate your case to determine what legal approach suits your needs. Your attorney will assess your economic and non-economic damages and gather evidence to ensure that your claim is valued accurately and that you receive maximum compensation for your injuries.

Attorney-Led Negotiations to Protect Your Rights

Your legal representative will also negotiate with the insurance company on your behalf to ensure you are treated fairly. Due to the state’s comparative negligence laws, insurance providers often look for ways to blame victims, a tactic commonly used when dealing with truck or motorcycle accidents.

If the insurer is unwilling to negotiate a fair settlement, your attorney will build a compelling case to present in court. Even so, cases are settled out of court without the need to pursue a personal injury lawsuit.

With a skilled attorney on your side, you can relax and focus on your recovery instead of worrying about dealing with the insurance company. Your attorney will also assist with all legal paperwork and ensure it is turned in promptly to meet all critical deadlines.

Contact Barry Deacon Law Today to Schedule a Free and Secure In-Depth Case Evaluation

At Barry Deacon Law, we represent clients in the San Antonio area who have suffered damages that are the result of another’s negligence. Our dedicated legal team recognizes that no personal injury case is the same. We strive to provide our clients with a personalized legal strategy that will provide the best outcome for their needs. Our attorney has practiced law for over 50 years and has been helping injury victims hold negligent parties accountable for their actions. 

We have extensive experience handling all types of personal injury cases and a proven track record of obtaining maximum compensation for clients. Our law firm works on a contingency fee basis, meaning you pay no upfront costs unless we win your case.

If another person’s negligence has injured you, contact our law firm today to schedule a free and secure in-depth case evaluation with our San Antonio personal injury lawyer. For English assistance, call (210) 985-8398. For Spanish assistance, call (210) 796-4933.