FAQ
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Injury Questions
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Texas personal injury law allows anyone who has been harmed by the negligent or wrongful conduct of another to bring a personal injury claim or lawsuit against the liable party. In simple terms, this means if you were hurt, and someone else was at fault, you probably have a claim. Get in touch with our San Antonio personal injury lawyers today to discuss what happened and how we can help. We handle all types of personal injury cases, including car accidents, pedestrian accidents, 18-wheeler collisions, motorcycle wrecks, slips and falls, workplace injuries, and much more.
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In Texas, you usually have two years from the date of the accident to file a personal injury lawsuit. This is known as the “statute of limitations,” and if it runs out before you file your lawsuit, the court will probably dismiss your case. This means you won’t be able to sue the liable party or recover compensation for your losses, things like medical expenses, lost wages, or pain and suffering.
While the two-year rule applies to most Texas personal injury cases, there are some exceptions. Under what is known as the “discovery rule,” you may have a little longer to file your lawsuit. The discovery rule states that, if an injury was not immediately apparent, the injured person has two years from the date on which they became aware of the injury to file a lawsuit. Other exceptions include cases where the injured person was a minor (under the age of 18), or if the case involves a local, state, or federal government agency.
If you’re not sure how long you have, or if you were injured recently, the best thing you can do is reach out to our firm right away. At The Warrior Law Firm, we can help you understand your rights and legal options in clear, easy-to-understand terms. Get in touch with us today for a free initial consultation.
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First, let’s define “damages.” Damages is a legal term for the collective losses—whether financial or not—that you have experienced as a result of an injury or the death of a family member. Sometimes, these losses have a set dollar value, as in the case of medical expense or lost wages from missed work hours. In other cases, like with physical and mental pain and suffering, they do not.
If you were injured or lost a loved one due to someone else’s negligent, reckless, or wrongful actions, you have the right to recover compensation for all your damages. While every case is different, this often includes compensation for medical bills, lost earnings, loss of earning ability, pain and suffering, and emotional distress.
The only way to know for sure what types of damages you may be entitled to in a personal injury claim is to speak to a personal injury lawyer. Schedule a free consultation with The Warrior Law Firm at your earliest convenience, and our team can help you determine if you have a case.
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Many people understandably want to know what the average settlement is for Texas personal injury cases, but a quick Google search reveals that there really is no average. Settlements can range anywhere from several thousand dollars to multiple millions. It all depends on the specifics of your case, including the value of your damages.
For example, if someone suffers a severe, life-changing injury, like a traumatic brain injury, that requires extensive medical treatment and leaves them permanently disabled, meaning they are unable to work or return to their normal life, they’re more likely to receive a higher settlement than someone who suffers a less-serious injury that heals in a few months. However, remember that nothing is guaranteed. It’s not even guaranteed that the liable party will agree to settle, and your case may need to go to trial.
Here's one thing you can count on, though: The Warrior Law Firm will fight for every penny you are owed. Whether aggressively negotiating with the liable party for a truly fair settlement or preparing your case for court, our team does everything possible to ensure that you are fairly compensated for your losses.
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While some states have “caps,” or limits, on personal injury damages, Texas is generally not one of them. What this means is that there is technically no limit on the amount you can receive in a personal injury case. However, there are certain exceptions.
Texas does impose caps on the following types of damages:
- Exemplary damages (sometimes called punitive damages), which are awarded in cases involving gross negligence, egregious misconduct, or intentional injury, and which are meant to punish the defendant rather than compensate the victim.
- Non-economic damages in medical malpractice cases, meaning, the intangible damages that cannot be assigned a set dollar value, such as pain and suffering, mental anguish, and loss of companionship, or consortium.
- Certain cases against government entities are also subject to damage “caps” in Texas. So, if the party you are suing is a local, state, or federal government agency, the amount you can recover in damages will be limited.
Understanding your rights and how much you can receive in compensation in your personal injury case doesn’t have to be confusing. Reach out to our San Antonio personal injury lawyers today to schedule a free consultation.
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Some accidents are 100% someone else’s fault. But, in many cases, the blame is shared between two or more people. In Texas, the law recognizes this, which is why the state follows something called the “rule of modified comparative negligence.” In simple terms, this just means that you can still file a claim against someone else after being injured, even if you were partly to blame. As long as you were not mostly at fault, you have the right to seek compensation.
Here's how it works:
- If multiple parties were partly to blame for an accident or injury, the insurance company or judge (depending on whether the case goes to court) will determine how much fault to assign to each party. This is done as a percentage.
- If your percentage of fault is less than 51%, you still have grounds for a claim. This is known as the “51% bar rule,” and it’s what makes Texas a modified comparative negligence state. If you’re more than 50% at fault, you don’t have a case.
- Whatever percentage of fault assigned to you will be used to reduce your settlement or verdict. So, for example, if you are assigned 30% of the blame, and you are seeking $10,000 in damages, you’ll only get $7,000 (if you win your case).
The most important thing to remember when it comes to shared fault is that being found partly to blame for the incident that caused your injury will lead to a lower settlement or verdict. Insurance companies know this, and they often try to use this rule to reduce payouts.
At The Warrior Law Firm, we fight back. Our San Antonio personal injury lawyers stand up to insurance adjusters and others who try to unfairly blame our clients for their injuries and losses. Get in touch with us today to learn more during a free consultation.
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Proving that someone else was to blame for your injury and is, therefore, legally responsible (or “liable”) for your damages (i.e., the losses related to your injury, like medical expenses and pain and suffering) involves several key steps.
Establishing a Duty of Care
First, you (or your attorney) must establish what is known as a “duty of care.” In regular terms, this simply means proving that the other person or party had a responsibility to act with care. For example, drivers are expected to follow the law, abide by the rules of the road, and refrain from dangerous actions—like texting or drinking and driving—to keep others safe. This is a “duty of care.”Demonstrating a Breach of the Duty of Care
Next, you and your attorney will have to show that the other person or party (known as the “defendant”) failed to uphold (or “breached”) the duty of care. This just means showing that they did not follow the law, violated safety standards, or otherwise acted negligently. For example, someone who drives drunk has broken the law and put others at risk. They have “breached” the “duty of care.”Proving Your Injury
You’ll also have to prove that you were actually injured. Even if someone was clearly negligent, for example, a driver who was texting and rear-ended you, you don’t have a case if you weren’t injured. You not only have to show you were injured, but you must also prove that your injury led to measurable “damages.” This means that your injury caused you hardship in some way, whether financial (e.g., medical bills), physical (e.g., the pain of the injury), emotional (e.g., newly developed anxiety or depression as a result of the injury), or some combination of these.Connecting Your Injury with the Defendant’s Negligence
Lastly, you and your attorney must prove that the defendant’s negligent (or wrongful) conduct was the cause of your injury. In other words, if they had acted differently, you wouldn’t have been injured. This is known as “causation,” and it’s one of the most important elements of any personal injury claim. -
If your family member or loved one passed away, we first want to offer our most sincere condolences. No one should have to suffer the shock and devastation of such a sudden, unexpected loss. You deserve answers, and your family deserves justice.
If someone else’s negligent or wrongful conduct led to your loved one’s death, you could have grounds for a wrongful death case. This is similar to a personal injury claim in that it allows you to recover compensation for certain damages, like funeral costs or medical expenses, and it also helps hold the at-fault party accountable.
To be clear, we know that no amount of financial recovery can ever “compensate” you for your loss. But we also know that a loved one’s unexpected passing can come with significant emotional and financial hardships. What’s more, careless people, those who act recklessly, companies that cut corners on safety, and other parties must be held responsible for their negligence. This is what a successful wrongful death claim does. It provides financial breathing room for grieving spouses, children, and parents, while also making sure that justice is served.
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18 Wheeler Accidents
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After a truck accident, one or more parties may be legally responsible for the victim’s losses, or “damages.” If the truck driver acted negligently, for example, by texting while driving, they could be liable. However, the trucking company could also be partly responsible if it failed to properly train or vet its employees. In other cases, a manufacturer could be liable if it allowed a defective truck part, such as a poorly designed braking system or a faulty engine, onto the market. At The Warrior Law Firm, we carefully investigate 18-wheeler accident claims to determine exactly what happened and, importantly, who is responsible for your medical bills, lost wages, and pain and suffering.
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In Texas, the statute of limitations for personal injury claims—including those involving 18-wheelers—is two years from the date of the accident. If you miss this deadline, you may lose your right to pursue compensation. However, certain exceptions can apply, so it’s crucial to speak with an attorney as soon as possible.
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Victims of 18-wheeler accidents may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and more. In cases involving gross negligence, such as a trucking company ignoring safety regulations, punitive damages may also be available.
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Truck accidents are typically more complex due to the size and weight of 18-wheelers, the severity of injuries, and the number of potentially liable parties. They also involve federal and state regulations specific to the trucking industry. As a result, investigating and proving fault requires a thorough understanding of commercial vehicle laws and access to evidence like driver logs, black box data, and maintenance records.
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While it’s not legally required to hire a lawyer, having an experienced truck accident attorney is highly recommended. Trucking companies and their insurers often have aggressive legal teams working to minimize payouts. A skilled attorney can investigate the crash, gather critical evidence, negotiate with insurers, and, if necessary, take your case to trial to ensure you receive full and fair compensation.
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Bus Accidents
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Liability in a bus accident can be complex. Depending on the circumstances, the responsible party could be the bus driver, the bus company, a government entity (for example, if the accident involved a VIA Metropolitan Transit bus), another motorist, or even a manufacturer if mechanical failure was involved. An experienced attorney can investigate the crash and identify all liable parties to help you pursue full compensation.
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Yes, but suing a government entity like the City of San Antonio involves specific legal procedures and strict deadlines under the Texas Tort Claims Act. You generally have only 180 days (six months) from the date of the accident to file a notice of claim. A bus accident lawyer familiar with municipal liability can help ensure your case is filed properly and on time.
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Pedestrians and cyclists are especially vulnerable in bus crashes. If you were injured by a bus while walking or biking, you still have the right to pursue a claim. You may be entitled to compensation for your medical bills, lost wages, and pain and suffering, especially if the driver was distracted, failed to yield, or broke traffic laws.
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Possibly. Texas follows a modified comparative fault rule, meaning you can recover compensation as long as you were less than 51% at fault for the accident. However, your total recovery will be reduced by your percentage of fault. So, if you are 20% at fault, your recovery will be reduced by 20%, meaning you can only receive 80% of the total amount you are seeking in damages. A good lawyer can evaluate your case and work to minimize your share of the blame.
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Bus accident cases often involve multiple passengers, more severe injuries, commercial insurance policies, and corporate or government defendants. These factors make the legal process more complex than a typical car crash claim. An attorney with experience handling bus accidents can navigate the unique legal and procedural challenges involved.
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Car Accidents
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The value of a car accident case depends on several factors, including the severity of your injuries, the cost of your medical treatment, the impact on your ability to work, and whether the other driver was grossly negligent. There’s no one-size-fits-all answer, but a skilled attorney can calculate what your case may be worth and fight to recover the full compensation you're owed.
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If the at-fault driver was uninsured or underinsured, you may still be able to recover damages through your own UM/UIM (uninsured/underinsured motorist) coverage, if you have it. These claims can still be denied or delayed by your insurer, so it’s a good idea to have legal representation to ensure you're treated fairly.
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Yes, but time is limited. In Texas, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the crash, and you could have less time to file an insurance claim. However, there are some exceptions, so it’s wise to consult a lawyer as soon as possible, even if some time has already passed.
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As a passenger, you likely have a strong claim for compensation, since you’re usually not considered at fault. You may be able to file a claim against the at-fault driver—whether that’s the other car’s driver or the person driving the vehicle you were in. In some cases, both drivers may share responsibility.
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Insurance companies often offer low settlements to crash victims who don’t have legal representation. A lawyer can help protect your rights, deal with the insurance adjusters, gather evidence, and make sure you aren’t pressured into accepting less than what your injuries are truly worth.
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Catastrophic Injuries
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In legal terms, a catastrophic injury is one that results in long-term or permanent disability, disfigurement, or loss of a critical bodily function. Common examples include traumatic brain injuries, spinal cord injuries, amputations, severe burns, and paralysis. These injuries often require lifelong care and dramatically alter the victim’s quality of life.
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Catastrophic injury claims involve much higher stakes. They often require extensive medical documentation, expert testimony, and life care planning to calculate future costs. Because the damages are so significant—both financial and emotional—insurance companies are more likely to fight hard to avoid paying. That’s why these cases demand experienced legal representation.
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Liability depends on how and where the injury occurred. It could involve a negligent driver, an employer who failed to provide a safe workplace, a property owner who failed to address dangerous conditions, or a manufacturer of defective equipment. A thorough investigation is needed to identify all potentially responsible parties and ensure they’re held accountable.
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Yes. In many catastrophic injury cases, spouses and sometimes other close family members may be able to seek compensation for loss of consortium, emotional distress, and the burden of caregiving. A knowledgeable attorney can help determine whether family members have valid claims in addition to the injured person.
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In Texas, you typically have two years from the date of the injury to file a lawsuit. However, in catastrophic injury cases, early legal action is especially important because critical evidence can disappear, and witnesses’ memories can fade. Prompt legal help can also secure access to medical care and financial support while the case progresses.
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Drowning
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Yes. If the drowning occurred due to negligence—such as inadequate supervision, lack of safety barriers, broken pool gates, or failure to post warning signs—property owners, pool operators, schools, or even private individuals may be held legally responsible. Each case depends on the specific circumstances and location of the incident.
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Absolutely. Near-drowning can result in devastating long-term effects, including brain damage, respiratory problems, and emotional trauma. Victims may be entitled to compensation for medical treatment, rehabilitation, lost income, and pain and suffering. These cases are often complex and require thorough documentation of both current and future medical needs.
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Homeowners have a duty to maintain a safe environment, especially if they have a pool or water feature. If a child or guest drowns due to unsafe conditions, such as lack of fencing or negligent supervision, the homeowner may be liable. Homeowner’s insurance may cover damages, but proving negligence is key.
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Yes. Children are especially vulnerable around water, and the law often imposes a higher duty of care when it comes to protecting them. Legal claims involving child drownings may involve attractive nuisance laws, child safety standards, and heightened scrutiny of property conditions and supervision practices.
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In most cases, the statute of limitations in Texas is two years from the date of the incident. However, if the drowning involved a government entity (like a city-operated pool or public facility), you may have just six months to file a notice of claim. Acting quickly can help preserve evidence and protect your legal rights.
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Explosions
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Responsibility for an explosion often lies with negligent parties, such as property owners, employers, gas companies, manufacturers of defective equipment, or contractors who failed to follow safety protocols. A thorough investigation is crucial to identify all liable parties, especially in industrial, workplace, or residential explosion cases.
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Explosions often result in severe injuries, including burns, traumatic brain injuries, broken bones, internal damage, and hearing or vision loss. Many victims also suffer from PTSD or other psychological trauma. These injuries are often life-altering and require long-term treatment, which can be financially overwhelming without legal help.
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Yes. While workers’ compensation may cover some of your medical expenses and lost wages, it may not fully account for the damage caused by a serious explosion. In some cases, you may be able to sue a third party—such as a contractor, equipment manufacturer, or property owner—outside the workers’ comp system.
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Explosion cases rely heavily on expert analysis, including fire investigators, engineers, and safety specialists. They examine the site for signs of equipment failure, gas leaks, code violations, and other contributing factors. A law firm with experience in explosion litigation, like The Warrior Law Firm, can coordinate these investigations and preserve crucial evidence.
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Victims may be entitled to compensation for medical bills, ongoing care, lost income, disfigurement, pain and suffering, and property damage. In fatal cases, surviving family members may pursue a wrongful death claim. Given the high cost of recovery, a legal team’s role is to ensure all potential damages are considered and pursued.
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Industrial Accidents
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An industrial accident refers to any serious incident that occurs in a factory, refinery, construction site, warehouse, or other industrial workplace. Common examples include equipment malfunctions, chemical exposures, fires, explosions, falls, and crush injuries. These accidents often result in severe injuries or fatalities and may involve violations of workplace safety laws.
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It depends. If your employer provides workers’ compensation, you may be limited to filing a claim through that system. However, if a third party—like a contractor, subcontractor, equipment manufacturer, or property owner—played a role in the accident, you may have the right to file a separate personal injury lawsuit to recover additional damages.
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Texas is one of the few states that doesn’t require private employers to carry workers’ compensation insurance. If your employer is a non-subscriber, you may be able to sue them directly for negligence. These cases can result in higher compensation than traditional workers’ comp, but they require strong legal representation to succeed.
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Proving unsafe conditions usually requires a combination of eyewitness testimony, workplace safety records, OSHA reports, surveillance footage, and expert analysis. A qualified attorney can conduct a thorough investigation and work with industry experts to establish how the employer or a third party failed to provide a safe work environment.
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Depending on the circumstances, you may be entitled to compensation for medical expenses, lost wages, future earning capacity, rehabilitation costs, disfigurement, and pain and suffering. If the accident was fatal, surviving family members may be able to file a wrongful death claim to seek justice and financial support.
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Motorcycle Accidents
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Unfortunately, yes, bias against motorcyclists is common. Insurance companies and even juries may assume the rider was reckless, regardless of the facts. This makes it especially important to have a lawyer who understands how to counter those assumptions and present clear evidence of the other party’s fault.
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You may still have a valid claim. Texas law allows adults to ride without helmets under certain conditions, but insurance companies may try to use this against you. While it could impact the amount of compensation you receive, it does not automatically prevent you from recovering damages.
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Motorcyclists lack the protection of a vehicle frame, airbags, or seatbelts, so even relatively low-speed crashes can cause life-altering injuries like traumatic brain injuries, spinal cord damage, amputations, or severe road rash. These injuries typically involve high medical costs and long recovery times, making financial compensation essential.
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If the at-fault driver was uninsured or underinsured, you might still be covered under your own UM/UIM (uninsured/underinsured motorist) policy—if you have it. These motorcycle accident claims can be difficult to resolve, but a lawyer can help you pursue all available options, including against other responsible third parties.
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The statute of limitations for motorcycle accident lawsuits in Texas is two years from the date of the crash. However, evidence like skid marks, vehicle damage, and surveillance footage can disappear quickly, so it’s best to speak with an attorney as soon as possible to protect your rights.
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Maritime Law
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Injured maritime workers are typically not covered by state workers’ compensation laws. Instead, they’re protected by federal laws like the Jones Act, which allows seamen to sue their employers for negligence, and the Longshore and Harbor Workers’ Compensation Act (LHWCA), which covers certain non-seamen working near navigable waters. The type of work you do determines which law applies.
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The Jones Act applies to injuries that occur on a “vessel in navigation,” which can include ships, tugboats, barges, drilling rigs, and other floating structures capable of movement. If you spend at least 30% of your work time aboard a qualifying vessel, you may be considered a seaman and eligible to file a Jones Act claim.
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Yes, if you qualify as a seaman under the Jones Act, you have the right to sue your employer directly for negligence. Unlike traditional workers’ compensation, a Jones Act claim allows you to seek full damages, including pain and suffering, lost future earnings, and more. Proving employer negligence is key.
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“Maintenance and cure” refers to the basic benefits maritime employers must provide to injured seamen, regardless of who was at fault. Maintenance covers your living expenses while you recover, and cure pays for your medical treatment. If your employer refuses to provide these benefits, you may be entitled to additional damages.
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Under the Jones Act, you generally have three years from the date of the injury to file a lawsuit. However, if your case involves a government vessel or different maritime statute, other deadlines may apply. It’s important to act quickly and consult a maritime attorney to protect your rights.
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Offshore Injuries
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Offshore workers often face serious injuries, such as falls from heights, crush injuries, burns, drowning, exposure to toxic chemicals, and repetitive strain injuries. These accidents can cause long-term disabilities and require extensive medical treatment.
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Offshore workers are generally protected under federal maritime laws like the Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA). These laws provide rights to seek compensation for injuries sustained while working on or near navigable waters, including oil rigs and supply vessels.
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Yes. If defective equipment or machinery contributed to your injury, you may have a product liability claim against the manufacturer or supplier in addition to your Jones Act or LHWCA claim. Identifying the responsible parties is crucial for maximizing compensation.
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Offshore injury claims can be complex, and employers or their insurers sometimes deny valid claims to avoid paying benefits. An experienced offshore injury lawyer at The Warrior Law Firm can challenge wrongful denials, help gather evidence, and fight to get you the medical care and compensation you deserve.
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For Jones Act claims, you generally have three years from the date of injury to file a lawsuit. LHWCA claims have their own deadlines, and claims against equipment manufacturers may have additional statutes of limitations. Early legal advice is essential to avoid missing critical deadlines.
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Oilfield Accidents
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If your claim is denied, don’t give up. Insurance companies often try to minimize payouts. An experienced San Antonio oilfield accident attorney from The Warrior Law Firm can help you appeal the decision, negotiate with insurers, and if necessary, file a lawsuit to fight for the compensation you deserve.
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In San Antonio and throughout Texas, oilfield accidents often result from equipment failure, lack of safety training, hazardous working conditions, falls, explosions, vehicle accidents, and exposure to toxic chemicals. Many of these accidents are preventable and may be due to employer negligence or contractor errors.
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In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. Because oilfield accidents can involve complex liability issues, it’s important to consult a lawyer promptly to preserve your rights and evidence.
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Most oilfield workers are covered by workers’ compensation, which provides benefits for medical treatment and lost wages. However, some oilfield jobs involve multiple employers or contractors, which can complicate claims. In some cases, you may also have a third-party claim for additional compensation.
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Yes. If a party other than your employer—such as equipment manufacturers, maintenance contractors, or transportation companies—caused or contributed to your accident, you may be able to file a separate personal injury lawsuit for damages beyond workers’ compensation benefits.
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Pedestrian Accidents
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As a pedestrian injured by a vehicle, you have the right to seek compensation for your injuries, lost wages, medical bills, and pain and suffering. Texas law generally holds drivers responsible for yielding to pedestrians, but each case depends on the specific facts and evidence.
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Texas follows a modified comparative fault rule, meaning you can still recover damages as long as you are not more than 50% at fault. However, your compensation may be reduced based on your percentage of fault. An experienced lawyer at The Warrior Law Firm can help assess liability and protect your claim.
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If the at-fault driver is uninsured or underinsured, you may be able to recover damages through your own uninsured/underinsured motorist (UM/UIM) coverage if your auto insurance policy includes it. This is true even if you were not driving a car at the time of the crash. These claims can be complicated, so reach out to our San Antonio pedestrian accident attorneys right away.
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In Texas, you generally have two years from the date of the accident to file a pedestrian injury lawsuit. It’s important to act quickly to preserve evidence, such as surveillance footage, witness statements, and police reports, that supports your case.
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Possibly. If hazardous road conditions—like poorly maintained sidewalks, inadequate signage, or missing crosswalks—contributed to your accident, you may have a claim against the city or other government entities. These cases have special rules and shorter deadlines, so timely legal advice is crucial.
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Premises Liability
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Premises liability refers to the legal responsibility property owners or occupiers have for injuries that occur on their property due to unsafe conditions. This can include slip and falls, inadequate security, dog bites, or poor maintenance issues. Essentially, if you were injured on someone else’s property—whether it was private property, public property, or a government owned or operated space—you could have a premises liability claim. You’ll have to prove that your injury was caused by a dangerous or defective condition or hazard, such as insufficient property maintenance, unsafe walkways or stairs, a loose dog, or lack of adequate warnings.
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Liability depends on who controls the property. It could be a homeowner, landlord, business owner, property manager, or even a contractor responsible for maintenance. The key is whether they knew—or should have known—about the dangerous condition but failed to fix it or warn visitors about it.
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Common injuries in premises liability cases include slips, trips, and falls; injuries from falling objects; burns; dog bites or other animal-related injuries; and injuries caused by negligent security personnel, missing security cameras, or inadequate lighting. These injuries can range from minor bruises to broken bones or traumatic brain injuries.
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Yes. Texas follows a modified comparative fault rule, which means you can recover damages as long as you are not more than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you tripped over a pothole and fell while walking on someone else’s property, but you were looking at your phone while walking, you might be found 20% at fault. If you are seeking $10,000 in damages, you can only recover 80% of that amount, or $8,000.
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In San Antonio (and all of Texas), the statute of limitations for premises liability claims is generally two years from the date of the injury. If your claim involves a government property, you may need to file a notice of claim within six months. Acting quickly ensures you don’t miss important deadlines.
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Swimming Pool Accidents
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Liability often falls on the property owner, pool operator, or manager if they failed to maintain safe conditions, provide proper supervision, or warn about hazards. In some cases, contractors or manufacturers may be responsible if defective equipment or faulty pool design contributed to the accident.
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Yes. Property owners have a special duty to protect children from dangerous conditions, especially around pools. If negligence led to your child’s injury or near-drowning, you may be entitled to compensation for medical bills, therapy, and emotional trauma.
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Common injuries include drowning or near-drowning, traumatic brain injuries, spinal cord injuries, broken bones, burns from pool chemicals, and slips or falls on wet surfaces. Many of these injuries require long-term medical care and rehabilitation.
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Texas law holds property owners accountable for maintaining safe conditions, but claimants must prove negligence, i.e., that the owner knew or should have known about the hazard and failed to act. Comparative fault may also affect compensation if the injured person contributed to the accident.
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You generally have two years from the date of the injury to file a lawsuit in Texas. Because pool accident cases can involve multiple parties and complex liability issues, it’s important to consult a lawyer promptly to preserve evidence and protect your rights.
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Workplace Accidents
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Common workplace accidents include slips and falls, machinery malfunctions, vehicle accidents, exposure to hazardous substances, electrical injuries, and repetitive motion injuries. Many industries—like construction, manufacturing, and healthcare—have unique risks that require specific safety measures.
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Many employees in Texas are eligible for workers’ compensation, which covers medical expenses and a portion of lost wages. However, certain workers—such as independent contractors or some agricultural workers—may not be covered. Texas is also one of just a few states that does not require workers’ compensation, meaning employers don’t have to have it. If your employer is a non-subscriber, you’re not covered by workers’ comp, but that doesn’t mean you’re not entitled to compensation after a workplace accident. It’s important to understand your eligibility and explore all legal options. We encourage you to contact The Warrior Law Firm today for a free consultation.
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In Texas, workers’ compensation laws typically prevent employees from suing their employers directly. However, if a third party (such as a contractor, equipment manufacturer, or vehicle driver) caused your injury, you may be able to file a personal injury lawsuit against them. Additionally, if your employer is a non-subscriber, meaning they do not have workers’ compensation coverage, you could have a case against them. Contact our San Antonio work injury lawyers to learn more.
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If your claim is denied, don’t give up. You have the right to appeal the decision, provide additional evidence, and negotiate with insurance companies. An experienced attorney can guide you through the appeals process and fight to secure the benefits you need.
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You generally have one year from the date of injury to file a workers’ compensation claim and two years to file a personal injury lawsuit against a third party. It’s also important to note that, if you wish to seek workers’ compensation, you must notify your employer of your work-related injury or illness within 30 days.
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Wrongful Death
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A wrongful death claim is a lawsuit filed by surviving family members or beneficiaries when someone dies due to another person’s negligence, recklessness, or intentional misconduct. The claim seeks compensation for the losses caused by the death, including financial and emotional damages.
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In Texas, the surviving spouse, children, and parents of the deceased generally have the right to file a wrongful death lawsuit. In some cases, other family members may have limited rights depending on the circumstances and who depends on the deceased for support.
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Damages may include medical and funeral expenses, loss of the deceased’s income and benefits, loss of companionship and support, mental anguish, and punitive damages if the defendant’s conduct was especially egregious.
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The statute of limitations for wrongful death claims in San Antonio (and all of Texas) is generally two years from the date of death. It’s crucial to act promptly to preserve evidence and ensure your claim is filed within the legal deadline.
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Yes. Many wrongful death cases are resolved through settlement negotiations to avoid the stress and uncertainty of a trial. An experienced attorney from The Warrior Law Firm can help you evaluate settlement offers and pursue the best possible outcome for your family.
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Spanish FAQ
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Si usted se lesionó porque otra persona o empresa actuó sin cuidado, ya sea en un accidente de auto, resbalón y caída, incidente en el lugar de trabajo, o cualquier situación similar, usted puede tener motivos para una reclamación bajo la ley de Texas. Un abogado de lesiones personales de San Antonio en The Warrior Law Firm puede revisar los informes policiales, registros médicos y declaraciones de testigos para confirmar que la negligencia de otra persona causó sus lesiones y pérdidas. Debido a que las evaluaciones de casos son gratuitas, no hay riesgo en conocer su situación.
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Nuestra firma trabaja en base a honorarios de contingencia, lo que significa que usted no debe nada por adelantado y paga los honorarios del abogado sólo si aseguramos una compensación para usted. Adelantamos todos los costos del caso, tales como honorarios de presentación, testimonio de expertos y gastos de investigación, para que pueda centrarse en la curación. Cuando nuestros abogados de lesiones personales de San Antonio ganan, cobramos un porcentaje acordado de la recuperación; si no ganamos, no nos debe nada. Es así de sencillo.
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La ley de Texas permite a las personas lesionadas reclamar daños y perjuicios por facturas médicas, tratamientos futuros, salarios perdidos, disminución de la capacidad de ganancia, daños a la propiedad, dolor y sufrimiento y, en algunos casos, daños punitivos. Un abogado con experiencia en lesiones personales de San Antonio puede calcular cada dólar que el accidente le ha costado, ahora y en el futuro, y luchar para que la compañía de seguros pague la cantidad total. Nuestro objetivo es ver que usted no se quede cubriendo los gastos que la negligencia de otra persona creó.
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La mayoría de las acciones por lesiones personales en Texas se rigen por un estatuto de limitaciones de dos años, lo que significa que generalmente tiene dos años a partir de la fecha del accidente para presentar una demanda. El incumplimiento de este plazo por lo general le impide recuperar la indemnización. Debido a que las pruebas cruciales pueden desaparecer rápidamente, es aconsejable hablar con un abogado de lesiones personales de San Antonio tan pronto como sea posible para que podamos preservar las pruebas, entrevistar a los testigos, y presentar su reclamo de manera oportuna.
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En primer lugar, priorice la seguridad y la atención médica: vaya a un lugar seguro si puede, llame al 911 y siga todas las instrucciones del tratamiento. A continuación, reúna pruebas: fotos del lugar del accidente, nombres e información de contacto de los testigos y copias de los informes policiales o del incidente. Evite dar declaraciones grabadas a los ajustadores de seguros hasta que haya hablado con un abogado de lesiones personales de San Antonio; las aseguradoras pueden tergiversar sus palabras para reducir los pagos. Por último, póngase en contacto con The Warrior Law Firm para una consulta gratuita, nosotros nos
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