If you’ve suffered from an injury at the fault of someone other than yourself, you will want to have the best personal injury attorney in San Antonio by your side. We’ll provide you with guidance and work towards a settlement that you deserve. We know that whether you’re going through physical or psychological issues, medical bills can pile up and put you behind, and our personal injury attorney will work towards results that allow you to move forward with your life. The sooner you call a personal injury attorney, the faster you’ll get compensated.
States that recognize contributory fault laws will not award a settlement to a plaintiff if there is any degree, even the slightest, of partial blame on the part of the injured party. States that enforce comparative negligent laws will award compensations in cases where there is partial negligence, but they will reduce the settlement in proportion to the percentage of liability. Determining partial liability on the part of the injured person is determined by the engagement, access and warnings provided to the plaintiff. If the injured person was distracted by talking or texting on the phone they may be deemed to personal liability. If the injury took place in a restricted area in which the plaintiff was not granted access to, or they disregarded warning signs posted in the area, those issues may also present a case of partial liability.
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In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something -- what the lawyer can get minus the fee charged to get it -- is better than nothing.


Not only does a punitive damages award punish the defendant, but it also can serve as a deterrent that dissuades other parties and companies from engaging in similar activity. For the court to award such compensation to a plaintiff, the actions must have been either intentional or the result of wanton and willful misconduct. An example of such a defendant is an insurance company that acts in bad faith or a medical professional that commits malpractice. As noted above, not every state allows punitive damages awards and, in some that do, there are caps on how much a jury can award a plaintiff.

If you've been injured in an accident that wasn't your fault, a personal injury attorney can help you receive a fair settlement from the insurance company. Although it's possible to receive some compensation without legal representation, if you don't have a personal injury attorney there's an increased chance that the insurance company will try to take advantage of you and give you less than you deserve."
Landowners owe invitees and invited licensees the highest duty of care. For these guests, the law requires that landowners inspect and make safe any dangers they know about or should know about. Landowners owe uninvited licensees a much lower duty of care and are only required to refrain from willful or wanton injury toward the uninvited licensee. “Willful or wanton injury” could include such actions of installing booby traps on the property or setting a vicious dog on the visitor. With one narrow exception, landowners owe trespassers no duty of care beyond the duty to refrain from willful or wanton injury.
Auto accidents happen and often result in injury, pain, lost productivity, and can even cause future pain and problems. In fact, whether you know you are injured or think you’re fine, it’s important to seek qualified, medical care after every automotive accident. Delaying your evaluation and treatment could leave your injury — whether it is known or hidden — to worsen and could result in you losing coverage for your injury by the at-fault party’s auto insurance policy.
Most people assume auto accidents are the driver’s responsibility – assuming a drunk, reckless, or distracted driver caused the accident. Maybe they swerved into oncoming traffic or failed to brake at a stop light, rear-ending another vehicle. Our auto accident attorneys can assess driver behavior and investigate whether another individual directly caused or contributed to your crash.
The Road and Traffic Authority (RTA) of the Australian state of New South Wales (NSW) asserts speeding (traveling too fast for the prevailing conditions or above the posted speed limit[29]) is a factor in about 40 percent of road deaths.[30] The RTA also say speeding increases the risk of a crash and its severity.[30] On another web page, the RTA qualify their claims by referring to one specific piece of research from 1997, and writes "research has shown that the risk of a crash causing death or injury increases rapidly, even with small increases above an appropriately set speed limit."[31]
However, property owners do need to be careful in keeping up their property. While there is no precise way to determine when someone else is legally responsible for something on which you slip or trip, cases turn on whether the property owner acted carefully so that slipping or tripping was not likely to happen -- and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.
Females in this age group exhibit somewhat lower collision and fatality rates than males but still register well above the median for drivers of all ages. Also within this group, the highest collision incidence rate occurs within the first year of licensed driving. For this reason, many US states have enacted a zero-tolerance policy wherein receiving a moving violation within the first six months to one year of obtaining a license results in automatic license suspension. No US state allows fourteen year-olds to obtain drivers’ licenses any longer.
In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[9] Another exception is if the accident caused an injury, as an example industrial deafness, then the three-year period will start from when injured party knew or ought to have known that he or she had a claim.[10]
After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)
As the discovery period ends, the lawyers will generally start talking about settlement. Sometimes the lawyers can settle a case just by talking among themselves, but, in other cases, they will go to mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator to try to settle the case. (Learn more about Mediation of Personal Injury Claims.)
Many personal injury lawsuits never make it to trial. It is almost always in the best interests of all parties involved to settle a personal injury lawsuit as quickly as possible to save time and resources. A settlement is also an opportunity for both parties to potentially benefit; the defendant may be willing to pay a little more than expected in exchange for a speedy resolution to the matter. Similarly, the plaintiff may be willing to forego a bit of compensation to get his or her money faster.
Formal Lawsuit - Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the "plaintiff") files a civil complaint against another person, business, corporation, or government agency (the "defendant"), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as "filing a lawsuit". Our discussion on negligence and proof is especially helpful.
One of the most common defenses to a slip and fall accident is that the plaintiff was not exercising reasonable care. Under the doctrine of comparative negligence, a plaintiff's recovery is reduced by his or her percentage of fault for the accident. For example, in the example above involving a grocery store slip and fall, if there was a yellow cone that said "warning" next to the spill, but you were distracted while looking up at a sale sign and slipped anyway, you may be found partially or wholly responsible for your fall. In a state that adheres to the doctrine of contributory negligence, even if a jury finds you only 1% at fault for not noticing the spill, you cannot recover anything.
At Accident Care & Treatment Center, Inc., we are Oklahoma City’s leader in experienced, comprehensive and effective medical care for auto-accident injuries. Our medical doctors focus exclusively on auto injuries. We have developed the area’s most complete medical injury treatment program along with a large volume of experience and expertise treating all sorts of auto accident related injuries.

Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word "tort" comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant's actions.
The following car accident facts break it down by county. The majority of those crashes – 69 percent – occurred in Cook County and its five bordering counties. As these stats show, driving can be especially dangerous in Chicago and surrounding areas, which may be due in part to the high volume of traffic, heavy road construction and large number of pedestrians and bicyclists who share the road with vehicles in our region:

Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
Medical treatment for car accident injuries can become expensive and may require long-lasting treatment and surgeries. Filing a claim detailing the damages you or your loved one has suffered could provide some financial relief needed to recover. Our Phoenix auto collision lawyers will be able to provide you with an assessment of the compensation you deserve.
That's pressure, particularly when you consider that some personal injury cases can drag out for years before they're resolved. This makes efficient time management skills very important as well. You'll have to balance these long, involved cases with shorter, less demanding ones if you're going to pay the bills, at least if you elect to go into practice for yourself.

Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
Like we said, most of the time, personal injury cases will settle outside of court. The best thing you can do if you’ve been injured because of the negligent actions of another, is to contact a personal injury attorney. A lawyer will be able to help you navigate the process, and advise you on whether or not an offer is fair. At Schultz & Myers, our attorneys exclusively practice personal injury law, so we are experienced in looking into every possible avenue to ensure that you get the compensation you deserve.
The only way to sue after a settlement negotiation is to back out before accepting the opposition’s offer and instead move to a trial. The risk is greater, but so is the potential reward. The trial value of a personal injury claim is almost always higher than the settlement value, and the plaintiff could secure much more compensation; however, trials take longer and will generate more legal fees for the plaintiff.

^ Charles, Geoffrey (11 March 1969). "Cars And Drivers Accident prevention instead of blame". The Times. The Times. Quoting from JJ Leeming in Accidents and their prevention: "Blame for accidents seems to me to be at best irrelevant and at worst actively harmful." ... "Much of the Leeming case is that by attributing blame and instituting proceedings against the motorist, the law virtually guarantees that none of the participants will be wholly truthful, so that the factors that really led to the accident are never discovered."
At The Sawaya Law Firm, our practice has been dedicated exclusively to helping injured people for more than 35 years. We have helped thousands of people in Denver, Greeley, and throughout northeastern Colorado and the Rocky Mountains. Many of our attorneys, including our founding attorney, Michael G. Sawaya, have been listed among Colorado Super Lawyers®.

In order to have a viable personal injury claim in Texas, the injured person must be able to prove that the other party was at fault and that their contribution or fault was less than 51%. If you may have been partly at fault, an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault.
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