Find a car accident lawyer in San Antonio, Texas
If you’ve been injured in a Texas auto accident, then you may be entitled to sue for significant damages — but it’s important that you consult with an experienced car accident lawyer in San Antonio for professional guidance on your case. They will work with you to develop a persuasive claim for damages.
Let’s take a closer look at some basic issues that many first-time plaintiffs have about hiring an attorney.
Do you need a lawyer to file a lawsuit in Texas?
Technically, you do not need a lawyer to file a lawsuit in Texas. That being said, the courts highly discourage plaintiffs (and even defendants) “representing themselves.” It’s considered to be inefficient and ineffective. As a non-lawyer, you may not have an in-depth understanding of all the procedural and substantive law issues. This could lead to mistakes that undermine your claims and prevent you from a successful recovery.
If you’re concerned about the cost of a car accident lawyer in San Antonio, don’t be — most plaintiff’s-side injury lawyers work on a contingency basis. What this means is that they don’t cost anything upfront or out-of-pocket. They only take a percentage cut of the compensation you secure if and when you are paid. If you don’t get paid, they don’t get paid. This means there’s no financial risk to working with most injury attorneys. It’s a win-win situation!
What percentage do most lawyers take?
Lawyers can negotiate a wide range of percentages (though many courts won’t allow percentages above 50 percent, or even above 40 percent). Generally speaking, however, most lawyers take a 25 to 40 percent cut of the total compensation that they help secure on your behalf.
This may seem substantial, but it’s worth pointing out that you’re not only much more likely to win a case with the assistance of an attorney (as opposed to handling it on your own), but your recoverable damages are also likely to be higher than they would otherwise be. Simply put, hiring an attorney is a strategically (and financially) sound decision in most serious injury disputes.
Who decides fault in a car accident in Texas?
Courts decide who is at fault in a car accident.
In Texas, fault allocation is extremely important for determining damages (and even whether you have an actionable claim). Specifically, Texas implements a doctrine known as modified comparative fault. This doctrine allows an injured plaintiff to recover damages even if they were partially at-fault — but only if they contributed 50 percent or less fault. If the injured plaintiff is more than 50 percent at fault, then they cannot recover anything.
Suppose that you are injured in a car collision, and you weren’t wearing your seatbelt at the time of the accident. The court determines that you are 30 percent at-fault for your injuries. Even though your theoretical damages claim is $100,000, you are only entitled to recover 70 percent of that total, as you were 30 percent at-fault. You would therefore have a capped damages recovery of $70,000 — in other words, you’d still be able to recover damages (but the recovery would just be less than maximum).
How long does it take to settle a personal injury claim in Texas?
In Texas, and elsewhere, settlements are not a one-size-fits-all default. Whether a settlement compromise is reached — and how long it takes to get there — depends on a variety of factors, including:
- The hostility of the defendant towards the plaintiff
- How “certain” liability is
- How “certain” the damages total is
- Whether there would be a substantial and negative impact from the lawsuit becoming a publicly-known issue
- Whether the defendant has the financial resources to pay for a lengthy litigation process
- Whether the defendant is concerned that there would be other plaintiffs in the future
- And more
Confusing? Let’s explain briefly.
Suppose that you are injured in a car accident due to defective brakes in your car. You sue the auto manufacturer for damages. Auto manufacturers are known to fight tooth-and-nail against would-be plaintiffs, as they want to discourage other plaintiffs from bringing similar claims.
Auto manufacturers tend to have substantial financial resources at their disposal to fight the case, and will often act in a hostile manner. This can lead to longer timelines for a settlement compromise — that being said, if liability is well-supported by the evidence, and there is a strong damages claim, then they could be pressured into an early settlement.
How much can someone sue for a car accident in Texas?
As the injury victim, you may be entitled to sue the defendant to recover compensation for your losses. This form of compensation — known as damages — can vary based on the severity and type of your losses. Losses that are recoverable in a lawsuit include, but are not limited to, the following:
- Lost wages
- Loss of earning capacity
- Medical expenses
- Loss of property
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
Even if you’ve been in the same exact accident as another person, your damages are likely to be different (due to your different life circumstances, and the different consequences of the suffered injuries). For example, if you have weak bones, then you may have sustained severe fractures in the car accident. This could lead to a substantial damages claim. If you had strong bones, then you may not have sustained severe injury, and your damages claim would be smaller.
Given the dynamic nature of damages, it’s important to work with an experienced car accident lawyer in San Antonio who can persuasively argue for the maximum possible damages to compensate you.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a Texas car accident, then you might be entitled to damages as compensation for your losses. That being said, a car accident lawsuit isn’t always straightforward, and unexpected challenges can arise throughout the dispute process. That’s why it’s critical that you work with an experienced car accident lawyer in San Antonio who can help you navigate litigation as effectively and efficiently as possible.
Contact 1-800-THE-LAW2 to get connected to a local attorney in our network who can provide a free initial consultation. During this initial legal consultation, you’ll have an opportunity to discuss your case in more detail and get guidance on your strategic options. There’s no obligation to continue if you decide against it, so there’s really no downside to calling in to get started with a consultation.
We look forward to assisting you.
