Personal injury claims are common in bustling cities like San Antonio, where various incidents can lead to injuries and subsequent legal disputes. From car accidents to premises liability cases, personal injury lawsuits help victims recover damages for medical expenses, lost wages, and emotional trauma. Here are seven of the most common personal injury claims filed in San Antonio:
1. Car Accidents
One of the most prevalent personal injury lawsuits in San Antonio arises from car accidents. With the city’s growing population and increased traffic, accidents on highways like I-35, I-10, and Loop 1604 occur frequently. Victims can file lawsuits against negligent drivers for injuries, whether caused by distracted driving, speeding, or driving under the influence (DUI). Texas law allows car accident victims to seek compensation for medical bills, property damage, pain and suffering, and lost wages.
Key Points:
- At-fault rule: Texas follows a fault-based system, meaning the party responsible for the accident must cover damages.
- Comparative negligence: In Texas, if the victim shares some fault, their compensation may be reduced proportionally to their percentage of fault.
2. Slip and Fall Accidents (Premises Liability)
Slip and fall accidents are another common source of personal injury claims in San Antonio. These incidents typically occur in public places like shopping malls, grocery stores, and office buildings. Property owners have a legal responsibility to maintain safe environments for visitors. When they fail to address hazardous conditions such as wet floors, uneven surfaces, or poorly lit stairways, victims can file lawsuits for the resulting injuries.
Key Points:
- Duty of care: Property owners owe a duty of care to visitors to keep their premises reasonably safe.
- Notice requirement: Victims must prove that the property owner knew or should have known about the dangerous condition and failed to act.
3. Medical Malpractice
Medical malpractice lawsuits arise when healthcare providers in San Antonio fail to meet the standard of care, resulting in harm to the patient. Common examples include misdiagnosis, surgical errors, medication mistakes, and birth injuries. Victims can sue doctors, nurses, hospitals, or other medical professionals for damages caused by their negligence.
Key Points:
- Statute of limitations: Victims have two years from the date of injury to file a medical malpractice claim in Texas.
- Expert testimony: Medical malpractice claims typically require expert testimony to establish the standard of care and prove negligence.
4. Workplace Accidents
In a growing city like San Antonio, workplace accidents, particularly in construction and manufacturing, are a frequent source of injury claims. Common injuries include falls, burns, electrocutions, and equipment-related injuries. While Texas does not mandate employers to carry workers' compensation insurance, employees injured on the job may file personal injury lawsuits if their employer’s negligence contributed to the accident.
Key Points:
- Workers’ compensation: If an employer carries workers' compensation insurance, injured workers typically cannot sue for negligence but may receive benefits through the system.
- Non-subscribers: In Texas, non-subscriber employers (those without workers' comp) can be sued for workplace injuries.
5. Product Liability
When a defective product causes injury, the victim can file a product liability lawsuit against the manufacturer, distributor, or retailer. In San Antonio, product liability claims cover a broad range of items, from defective car parts to faulty household appliances or dangerous pharmaceuticals. These cases often involve strict liability, meaning that the manufacturer can be held responsible even if they were not negligent, as long as the product was defective.
Key Points:
- Types of defects: Product liability cases generally involve design defects, manufacturing defects, or marketing defects (failure to warn).
- Consumer protection: Texas has strong consumer protection laws that support victims in holding companies accountable for dangerous products.
6. Dog Bites
Dog bite cases are another common form of personal injury lawsuits in San Antonio. Under Texas law, dog owners can be held liable if their pet attacks and injures someone, especially if the dog has a history of aggressive behavior or if the owner was negligent in restraining the animal. Victims can sue for medical bills, lost wages, and emotional distress.
Key Points:
- One-bite rule: Texas follows the “one-bite rule,” meaning a dog owner may not be liable for a first attack unless they knew the dog was dangerous.
- Negligence claims: Victims can also file lawsuits if the dog owner was negligent, regardless of whether the dog had previously bitten anyone.
7. Wrongful Death
When a person dies due to the negligence or wrongful act of another, the surviving family members can file a wrongful death lawsuit. Common causes of wrongful death in San Antonio include fatal car accidents, workplace accidents, medical malpractice, and criminal acts. In Texas, immediate family members such as spouses, children, and parents have the right to sue for the loss of their loved one.
Key Points:
- Damages available: Families can seek compensation for funeral expenses, loss of companionship, lost income, and emotional suffering.
- Survival action: In addition to wrongful death claims, Texas law allows for survival actions, where the estate recovers damages the deceased could have claimed if they had survived.
Contact an Experienced Personal Injury Law Firm
Personal injury lawsuits in San Antonio encompass a wide variety of incidents, from car accidents to medical malpractice and product liability claims. These cases allow victims to hold negligent parties accountable and recover compensation for their injuries and losses. An experienced personal injury attorney can help potential plaintiffs navigate the legal process more effectively.