At the Wyatt Law Firm, our San Antonio personal injury lawyers protect the rights of injured accident victims in the San Antonio area.
We are proud of the results we achieve for our clients, including:
- $19,500,000 for a truck accident victim
- $10,250,000 for a fatal car accident
- $6,100,000 for injuries from an oil well blowout
- $4,215,000 for carbon monoxide exposure
Personal injury cases are all about someone else not doing for you what you have a legal right to expect. Every day of your life, you end up in a legal relationship with perhaps thousands of people. Individuals you have never met before and may never meet may owe you compensation. They must give you a reasonable level of care.
This duty can apply in many scenarios:
- A driver must take care to drive reasonably and follow traffic laws so as not to injure you on the road.
- A property owner must remove dangerous conditions that others create within a reasonable amount of time and not create any dangers of their own when they open their property to you.
- Truck drivers must follow all relevant rules and may not speed behind the wheel.
- Companies that manufacture and sell products must not sell you a defective product.
- Drivers must yield the right-of-way to pedestrians in a crosswalk and intersection when they have that right.
- Contractors and other parties on oilfields must follow all safety procedures to prevent accidents and injuries to workers or bystanders.
How Our Lawyers Help You Recover Financial Compensation
The personal injury legal process can be complex and lengthy. An experienced lawyer can best protect your legal rights. As soon as you hire us, we begin to provide value to you.
The first part of your personal injury process is when you contact us for a free consultation. You have nothing to lose by speaking with an attorney. We will ask you questions about your case and learn more about you. At the same time, you can ask us questions and decide whether we are the right lawyer for you.
Once you sign a representation agreement with us, we will get to work by investigating your case. We will determine who we believe to be the responsible party (sometimes, there is more than one responsible party). Along the way, we will gather evidence to help prove their responsibility. Then, we will advise you about the most effective way to get financial compensation. You are looking to get the top dollar for your personal injury claim.
We Can Make Others Pay When They Do Not Uphold Their Duty of Care
Any time someone does not live up to these standards, or the duty of care in any situation, the courts can make them pay for it in a personal injury lawsuit. Getting personal injury compensation is a process and one that is never really easy. The burden of proof falls on you in these cases to show what happened. If you cannot meet the burden of proof, you may not receive anything for your injuries. You will often meet a difficult defendant and their insurance company that will do anything to escape responsibility for what happened.
Call Us for the Following Personal Injury Cases
The Wyatt Law Firm represents clients in a variety of personal injury cases, including:
- Car accidents
- Truck accidents
- Product liability injuries
- Uber and Lyft accidents
- Premises liability injuries (including slip and fall cases)
- Bicycle accidents
- Oilfield injuries
- Pedestrian accidents
The Role of Negligence in Your Personal Injury Case
You will often hear personal injury lawyers repeatedly refer to negligence in connection with personal injury cases. Negligence is the legal standard that comes into play in these cases. Negligence is not shorthand for the accident. Negligence occurs when someone breaches the legal duty to you that we discussed above.
When you prove negligence, you need to know:
- What the defendant did in the situation surrounding your injury
- What a reasonable person might have done under the circumstances
Negligence is a balance between the duties and actions of various parties to show that the defendant violated their legal duty to you. Negligence does not automatically result from the accident. Instead, it comes from an action’s absence or carelessness.
How to Prove Negligence in Your Personal Injury Case
You can meet your burden of proof by gathering proof about what happened. The insurance company or the jury needs to know what the defendant did.
Personal injury evidence will include:
- Eyewitness testimony from people who saw what happened or the conditions before your accident
- Pictures of the scene of your accident
- Documentary evidence, such as internal corporate records
- Expert witness testimony from people who can recreate accidents
- Medical records that show the nature and extent of your injury
Assembling a case is difficult because you must track witnesses and evidence. You need someone with experience in these areas to present a compelling case when you make a claim or file a lawsuit, especially because you may not be in the physical shape to do this yourself.
When you suffer an injury in an accident, one of the first things you will do (of course, in addition to getting the medical help you need and following the doctor’s recommendations) is contact a personal injury lawyer.
Your Legal Options After a Personal Injury
You have two main options for pursuing financial compensation:
- You can work directly with the responsible party’s insurance company to file a claim and hopefully get a personal injury settlement.
- You can file a lawsuit in court, which can ultimately lead to a jury determining the result of your case.
Either way, you have a legal right to financial compensation when you can prove that you suffered an injury due to someone else’s wrongful actions. Your choice is how to get the money most effectively.
Filing an Insurance Claim After a Personal Injury
If you file an insurance claim, you can get compensation more quickly, but then you will be subject to dealing with the complex process that the insurance company has established. You will present the evidence that shows liability and your damages in demand for payment from the insurance company.
Then, the insurance company will:
- Deny your claim entirely if they think that you have not proven liability or if you were at fault for the accident
- Send you a settlement offer to pay you for your injuries
Even if the insurance company makes you a settlement offer, it is far from the end of the story. Insurance companies are notorious for offering you less than you deserve initially. They like to test you or wear you down. Either way, lowballing your settlement offer fits their strategy. You can expect to negotiate extensively with the insurance company before agreeing on a settlement. You may be unable to agree because they will not step up to the plate and offer you what you deserve.
Filing a Lawsuit After Your Personal Injury
You must go through the court process to file a personal injury lawsuit:
- Your lawyer begins the case by filing a complaint with the court and serving it on the defendant
- The defendant has the chance to file their answer in response to your allegations
- The defendant will usually try to get the case dismissed on various grounds
- If your case survives the motion to dismiss, it will enter the discovery phase, where the two parties will exchange evidence they have in their possession.
- If there is no settlement, your lawyer will try your case in front of the jury, attempting to establish the facts and prove your claim.
The legal process can take a while, so you need patience to get the desired result. Your lawyer will fight hard for you, and it takes time for them to do their work. The defendant and their insurance company often do not have the motivation to settle the case quickly.
Most personal injury cases will eventually settle. A case that goes all the way to the jury is rare (it happens in roughly 5 percent of personal injury cases). Although a trial is sometimes necessary to get the money you are entitled to, it will significantly add to your timeframe. At the same time, litigation costs the insurance company money. Both of you have an incentive to reach a settlement agreement.
How to Value Your Personal Injury Claim
One of the most important things we can do for you is to help you put a value on your personal injury claim. Knowing your damages is essential when you are trying to get enough money.
In personal injury cases, you can recover:
- Economic damages that pay you for the money that came out of your pocket (including lost wages, medical bills, and property damage)
- Non-economic damages that compensate you for the ordeal of the accident (including pain and suffering, loss of enjoyment of life, and emotional trauma)
You may even be entitled to punitive damages depending on what the defendant did. However, punitive damages are rare, and plaintiffs seldom receive them, usually only when the jury wants to send a message to the defendant because they did something incredibly wrong.
You may see punitive damages in a product liability case when the defendant ignored dangers they knew about for years and continued selling the product. You may get punitive damages in a truck accident case when a trucking company has a long history and pattern of ignoring or violating federal trucking regulations. Your attorney will get evidence in the discovery process that shows the exact extent of the defendant’s culpability.
Wrongful Death Damages in a Personal Injury Case
If your family member died in the accident, your family might claim wrongful death damages.
These damages will include:
- The income that your loved one will have earned throughout their career
- Your family’s trauma from losing a loved one tragically and unnecessarily because of someone else’s wrongful actions
- The loss of your close and loving relationship with your loved one
- The loss of the guidance and support that your loved one provided
Given what was lost, wrongful death claims can lead to high settlements and jury awards. Surviving family members can file a survival lawsuit to get money for what their family member went through between their injury and death.
At all times, we are here to answer your questions and explain the developments in your case. We will protect you when the insurance company tries to put things over on you and will stand up for you at all times. You can count on us to be there for you during this challenging time in your life.
The best part is that hiring a personal injury lawyer is no risk to you. We only get paid if you win your case. You will not owe us money for our time and services if you do not win. You do not have to write us any checks upfront. We will also not send you bills when your case is pending, giving you confidence that you can afford a lawyer no matter your financial situation. Money will not come out of your pocket when you get the legal help that you need in your case.
Call a San Antonio Personal Injury Lawyer Today
The Wyatt Law Firm will passionately and ardently fight for you to get money for your injuries and as much as you legally deserve. We deliver results, having obtained over half a billion dollars for our clients.
Wyatt Law Firm, PLLC
21 Lynn Batts Lane, Suite 10
San Antonio, Texas 78218
I was extremely satisfied with the handling and outcome of my lawsuit. Paula and her entire team are amazing at what they do. I’m so glad that I had them there to help me every step of the way. Karen and Clayton were most definitely helpful with keeping me informed and on top of everything. Louis and Gavin were also very helpful in making sure I understood the process. I would 100% recommend them. Thank you Wyatt Law Firm. Thank you Paula.