Hill Law Firm Accident & Injury Lawyers

Why Do I Need a San Antonio Personal Injury Lawyer?

After an injury, you may think that hiring an injury attorney in San Antonio is an unnecessary expense. Yet, it may be difficult to hold the responsible parties accountable without help. An attorney’s job entails much more than arguing your case in front of a judge. A successful lawsuit will hinge on many different factors that need the skill of a lawyer.

What Damages Can I Recover?

When filing a claim, you may be wondering how much it is worth and how much you can recover. The answer to this question varies from case to case. It will depend on the nature of what happened, as well as the extent of your injuries. In Texas, you generally have two years from the date of the injury to file a lawsuit.

What has to be true for you to have a valid personal injury claim in Texas?

A valid claim in Texas requires four things: someone owed you a duty of care, they breached that duty, the breach caused your injury, and you suffered real damages as a result. If any one of those is missing, the claim struggles, no matter how badly you were hurt. Break it down with a concrete example. A driver on Loop 410 owes everyone else on the road a duty to drive reasonably.

How does Texas comparative fault affect what you can recover?

Texas uses a modified comparative fault rule with a 51% bar. You can recover damages as long as you are found 50% or less at fault, but your recovery is reduced by your share of blame. If you are found 51% or more at fault, you recover nothing. Here is what that looks like with numbers. Say your total damages come to $100,000 and the insurer argues you were 20% responsible because you were slightly speeding.

How does hiring a lawyer change what the insurance company pays?

Hiring a lawyer changes the insurer’s math. When you are unrepresented, the insurance company knows you cannot easily file suit, gather medical evidence, or take the case to trial. When a firm with a track record of trying cases gets involved, the same claim gets evaluated differently, because now the cost of lowballing you includes the risk of losing in court.