Suffering a work injury throws you into unfamiliar territory. Suddenly you're dealing with medical appointments, insurance paperwork, and uncertainty about your income—all while trying to recover from your injuries. Understanding what to expect during the Texas workers' compensation process helps you navigate each step with confidence and avoid mistakes that could jeopardize your benefits.
Key Takeaways
Reporting Your Work Injury
The workers' compensation process begins the moment you report your work accident to your employer. Texas law requires you to notify your employer within 30 days of your injury. Delaying this report creates complications and may affect your ability to receive benefits.
Notify your supervisor or manager immediately after your work injury occurs. Provide clear details about how the accident happened, when it occurred, and the nature of your injuries. Be specific—vague descriptions can lead to questions about whether your injury actually happened at work.
Document the incident thoroughly on your own as well. Write down the date, time, location, and specific circumstances surrounding your work accident. If coworkers witnessed the incident, gather their names and contact information. This documentation becomes valuable evidence supporting your claim.
Your employer must maintain a record of your injury report. Follow up your verbal notification with written confirmation, such as an email, to create a formal record that you reported the work injury. Keep copies of all communications for your files.
Prompt reporting protects your rights and starts the claims process moving. The sooner you report, the sooner you can access medical treatment and begin receiving benefits.
Filing Your Workers' Compensation Claim
After reporting your work injury to your employer, you must file a formal claim with the Texas Department of Insurance, Division of Workers' Compensation (DWC). You have one year from the date of your work accident to file, but submitting promptly helps ensure you receive benefits without unnecessary delays.
Completing the Required Forms
The primary form you'll need is the DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease. You can obtain this form from the DWC website, your employer, or the insurance carrier.
Complete the form accurately and thoroughly. You'll need to provide details about your work injury, including how it happened, the date of the accident, the body parts affected, and your medical treatment. Missing or incorrect information can delay your claim, so take time to ensure everything is accurate.
Submitting Your Claim
Submit your completed claim form to the DWC. Keep copies of everything you submit for your records. Your employer's insurance carrier will receive notification of your claim and begin their review process.
After filing, you'll receive written notice about whether your claim is accepted or denied. If the insurance company accepts your claim, you'll receive information about your benefits. If they deny your claim, the notice will explain the reasons for denial and your options for disputing the decision.
Staying Organized
Track all deadlines throughout the claims process. Texas workers' compensation has specific timeframes for various steps, and missing deadlines can harm your case. Create a file for all documents related to your work injury, including medical records, correspondence with the insurance company, and copies of forms you've submitted.
If you encounter difficulties at any point, consider consulting with a workers' compensation attorney. Legal guidance can help ensure you navigate the process effectively and protect your right to benefits.
Medical Treatment and Documentation
Receiving appropriate medical treatment serves two purposes: helping you recover from your work injury and creating the documentation that supports your claim. Both are essential to a successful workers' compensation case.
Seeking Medical Care
Get medical attention as soon as possible after your work accident. Prompt treatment not only helps you heal but also establishes a clear connection between your injury and the workplace incident. Delays in seeking care can raise questions about whether your condition is truly work-related.
When you visit a healthcare provider, be completely honest about how your injury occurred and how it affects your daily life. Explain that you were hurt at work and describe the specific circumstances of the accident. Your medical records will serve as critical evidence in your claim, so accuracy matters.
Understanding Medical Treatment Guidelines
Texas uses treatment guidelines established by the DWC to determine what medical care is appropriate for work injuries. Your treating doctor should follow these guidelines when recommending treatment. The insurance company reviews treatment requests against these guidelines when deciding whether to approve care.
If your employer's insurance carrier uses a health care network, you may need to choose a treating doctor from within that network. Understanding your options for medical care helps you make informed decisions about your treatment.
Maintaining Documentation
Keep copies of all medical documents related to your work injury. This includes:
Your medical records should clearly document your diagnosis, the treatment you're receiving, any work restrictions your doctor has imposed, and your progress toward recovery. The more detailed your documentation, the stronger your position in the workers' compensation process.
Communicating with Your Healthcare Providers
Stay in regular communication with your treating doctors. Report any changes in your condition—whether improvement or worsening. Attend all scheduled appointments and follow your treatment plan. Gaps in treatment or missed appointments can be used to argue that your injuries aren't as serious as you claim.
If your doctor recommends restrictions on your work activities, make sure those restrictions are documented in writing. This documentation supports your claim for wage replacement benefits if you cannot return to your regular job duties.
Communicating with the Insurance Company
Effective communication with your employer's insurance carrier influences how smoothly your workers' compensation claim proceeds. Understanding how to interact with the insurance company protects your interests throughout the process.
What to Expect from the Insurance Company
After your employer reports your work injury, their insurance carrier assigns a claims adjuster to your case. This adjuster manages your claim, reviews medical treatment requests, and makes decisions about your benefits. You'll communicate with the adjuster throughout the claims process.
The insurance company may contact you to gather information about your work accident and injuries. They might request medical records, ask for a recorded statement, or schedule an independent medical examination. Understanding that the insurance company's goal is to manage costs helps you approach these interactions appropriately.
Best Practices for Communication
Keep the insurance company informed about your medical treatment and any changes in your condition. Respond promptly to their requests for information—delays on your end can slow down your benefits.
Be clear and accurate in all communications. Stick to the facts about your work injury and avoid exaggerating or minimizing your symptoms. Inconsistencies in your statements can create problems for your claim.
Document every interaction with the insurance company. Note the date, time, name of the person you spoke with, and what was discussed. Keep copies of all written correspondence. This record becomes invaluable if disputes arise later.
Handling Requests and Challenges
If the insurance company asks for a recorded statement, understand that you're not required to provide one without legal representation. Consider consulting with an attorney before agreeing to recorded interviews.
The insurance company may request an independent medical examination (IME) with a doctor they choose. You're generally required to attend these examinations. Be honest and thorough when describing your symptoms and limitations to the IME doctor.
If the insurance company denies treatment your doctor has recommended, you have the right to dispute that decision through the DWC's medical dispute resolution process. Don't simply accept denials—understand your options for challenging decisions you believe are wrong.
The Claim Review Process
Once you submit your workers' compensation claim, the insurance company begins reviewing the evidence to determine whether you're eligible for benefits and what those benefits should include.
Initial Claim Evaluation
The claims adjuster assigned to your case examines the details you've provided, including information about your work accident, medical records documenting your injuries, and any other evidence relevant to your claim. They're assessing whether your injury qualifies for workers' compensation and determining the appropriate benefits.
During this review, the adjuster may contact you for additional information or clarification. Respond promptly and thoroughly to any requests. Delays or incomplete responses can slow down the process and potentially affect the outcome.
Evidence the Insurance Company Reviews
The insurance company evaluates several types of evidence when reviewing your claim:
Consistency and clarity in your documentation strengthen your claim. Any gaps, discrepancies, or missing information can create problems. The more complete your evidence, the smoother the review process.
Claim Decisions
After reviewing the evidence, the insurance company issues a decision on your claim. If they accept your claim, you'll receive information about the benefits you're entitled to, including medical benefits and income benefits.
If the insurance company denies your claim or disputes certain aspects of it, you'll receive written notice explaining their reasons. Common reasons for denials include disputes about whether the injury is work-related, questions about the severity of injuries, or issues with documentation.
A denial isn't necessarily the end of the road. Texas has a dispute resolution process that allows you to challenge decisions you believe are wrong.
Dispute Resolution and Appeals
When disagreements arise about your workers' compensation claim, Texas provides a structured process for resolving disputes. Understanding this process helps you protect your rights if the insurance company denies benefits you believe you deserve.
Benefit Review Conference
The first step in the dispute resolution process is typically a Benefit Review Conference (BRC). This informal meeting brings together you, the insurance carrier's representative, and a DWC benefit review officer. The goal is to resolve disputes through discussion and negotiation.
During the BRC, you'll have the opportunity to present your side of the dispute. The benefit review officer facilitates discussion and helps the parties explore potential resolutions. Many disputes are resolved at this stage without proceeding further.
Prepare thoroughly for your BRC. Gather all documentation supporting your position, including medical records, correspondence with the insurance company, and any other relevant evidence. Consider having an attorney represent you, especially for complex disputes.
Contested Case Hearing
If the BRC doesn't resolve your dispute, the next step is a Contested Case Hearing (CCH). This is a more formal proceeding before an administrative law judge who will make a binding decision on the disputed issues.
At the CCH, both sides present evidence and testimony supporting their positions. You can call witnesses, submit documents, and make arguments about why you should receive the benefits in dispute. The insurance company does the same.
The administrative law judge issues a written decision after the hearing. This decision outlines the findings and conclusions on each disputed issue. If you disagree with the decision, you have options for further appeal.
Appeals Panel and Beyond
If you're unsatisfied with the administrative law judge's decision, you can appeal to the DWC Appeals Panel. The Appeals Panel reviews the record from the CCH and determines whether the judge's decision was correct.
If you still disagree after the Appeals Panel ruling, you may be able to appeal to the Texas court system. This step involves more complex legal procedures, and having an experienced workers' compensation attorney is strongly recommended.
Throughout the dispute resolution process, meeting deadlines is critical. Each stage has specific timeframes for filing appeals and submitting documents. Missing deadlines can forfeit your right to challenge unfavorable decisions.
Receiving Your Benefits
Once your workers' compensation claim is approved, you begin receiving benefits to help cover your medical expenses and replace lost income while you recover from your work injury.
Medical Benefits
Workers' compensation covers all reasonable and necessary medical treatment for your work injury. This includes doctor visits, hospital care, surgery, prescription medications, physical therapy, and other treatments your doctor recommends. You shouldn't have to pay out-of-pocket for medical care related to your work accident.
The insurance company pays medical providers directly in most cases. Keep track of all medical expenses and bills to ensure everything is being covered appropriately. If you receive bills for treatment that should be covered, contact the insurance company to resolve the issue.
Medical benefits continue as long as you need treatment for your work injury. There's no arbitrary cutoff date—your entitlement to medical care depends on your ongoing medical needs.
Income Benefits
Texas workers' compensation provides several types of income benefits to replace wages lost due to your work injury:
Temporary Income Benefits (TIBs) replace a portion of your lost wages while you're recovering and unable to work at full capacity. You typically receive approximately 70% of the difference between your pre-injury average weekly wage and any wages you're currently earning. TIBs begin after you've been unable to work for more than seven days.
Impairment Income Benefits (IIBs) compensate you for permanent impairment once you reach maximum medical improvement—the point where your condition has stabilized and isn't expected to improve significantly with further treatment. The amount depends on your impairment rating.
Supplemental Income Benefits (SIBs) may be available if you have a significant impairment rating and continue to experience substantial wage loss after your IIBs end.
Lifetime Income Benefits (LIBs) apply to the most severe injuries, including loss of both hands, both feet, or both eyes, total and permanent paralysis, and certain traumatic brain injuries.
Monitoring Your Benefits
Stay organized and track all benefit payments you receive. Verify that amounts are correct based on your average weekly wage and the type of benefits you're entitled to. If you notice errors or delays, contact the insurance company promptly.
Keep the insurance company informed about changes in your condition or work status. If you return to work or your medical situation changes significantly, this may affect your benefits.
Frequently Asked Questions
How long do I have to file a workers' compensation claim in Texas?
You have one year from the date of your work injury to file a claim with the Texas Department of Insurance, Division of Workers' Compensation. However, you must report your injury to your employer within 30 days. Filing promptly helps ensure you receive benefits without unnecessary delays.
Can I choose my own doctor for treatment?
Your options depend on whether your employer's insurance carrier uses a workers' compensation health care network. If they do, you generally must select a treating doctor from within that network. If not, you have more freedom to choose your physician. Understanding the rules that apply to your situation helps you make informed decisions about your medical care.
What if my employer retaliates against me for filing a claim?
Texas law prohibits employers from retaliating against workers who file workers' compensation claims. If your employer fires, demotes, or otherwise punishes you for reporting a work injury or seeking benefits, document everything and consider consulting with an attorney. You may have grounds for a retaliation claim in addition to your workers' compensation case.
Are all injuries covered under workers' compensation?
Workers' compensation covers injuries that occur during the course and scope of your employment. This includes sudden work accidents and occupational diseases that develop over time from job duties. Pre-existing conditions may be covered if your work aggravates them. However, injuries that occur outside of work or result from employee intoxication or horseplay may not be covered.
Will my workers' compensation benefits be taxed?
Workers' compensation benefits are generally not taxable at the federal level. Texas has no state income tax, so you won't pay state taxes on these benefits either. However, if you receive other disability benefits simultaneously, tax implications may become more complex. Consult a tax professional if you have questions about your specific situation.
"Workplace accidents can have lasting consequences. Trust J.A. Davis & Associates, your local Texas work accident injury lawyers, to handle your case with the attention and care it deserves."
WORKPLACE ACCIDENT INJURY / WORKERS' COMP
Determining Employer Workers’ Compensation Status is the First Big Fork in the Road to Recovery.
Thanks to our lawmakers (and the insanely affluent insurance lobby), understanding today’s workers’ compensation laws is a thorny challenge. The state of Texas requires no employer to purchase workers’ comp insurance. Right now, roughly one in two do subscribe to the program. So, workers’ comp injury cases are divided into two distinct types that require completely different starting points (and strategies) to resolve. Employers who carry worker’s comp are referred to as “subscribers.” Those who don’t are “non-subscribers.” To know how to proceed with your claim, you must first determine whether or not your employer is one or the other.
Workers’ comp benefits are paid out of a “pool” of funds. This pool is stocked by private insurance carriers that participate in the program. The program also protects subscriber-employers from lawsuits and disregards employees' legal rights to be fairly compensated when the employer is truly negligent because it legally limits, or “caps,” the monetary benefits an injured employee can receive. If your employer subscribes to workers’ comp, it compensates injured employees. It’s like “no-fault” auto insurance for employers because when they’re covered by workers’ comp injured, employees are automatically reimbursed: no matter how the accident occurred or whose fault it was. Often, the amount you receive doesn’t come close to fully covering the expenses of an on-the-job injury if it is severe.
On the other hand, to receive financial restitution from a non-subscriber to workers’ comp, an injury victim must file an insurance claim and, if necessary, a lawsuit in civil court. Otherwise, they receive nothing. Fortunately, for the injured worker, there is a small victory. For the legislature to “encourage” Texas employers to subscribe to workers’ comp, they lowered the standards of proof for negligence in case of a civil case or claim against a non-subscriber. So it’s not as difficult to affix true liability against a non-subscribing employer for on-the-job accidents in court and win fair compensation. Since workers’ comp is cheaper than commercial employer liability insurance, one would assume all companies would be smart and purchase workers’ comp instead.
Improper construction of trenches has historically resulted in many construction-related injuries and fatalities due to trench collapses. Such incidents occurred during trench construction.
A favorite tactic of such people is to fake having workers’ comp once an employee is seriously injured. These employers may try to pay you benefits quickly that you would typically receive from workers’ comp and ask you to sign what they may represent as a “standard release” to further their deception and get off the hook. It’s a trick, so don’t fall for it: even if the document you sign “looks” official. This is one of many tricks that awaits you without the benefit of an experienced workers’ comp attorney to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have answered this vital question, we can move forward together to secure your just injury compensation.
More great blogs on Work Injury Law - Workers Comp here:
https://www.devineandfanning.com/contact-fatal-work-accident-attorneys/
https://www.nancysearerattorneyatlaw.com/is-my-employer-a-workers-compensation-insurance-subscriber/
https://www.prestilaw.com/workers-compensation-what-can-i-do/
https://www.bethkrulewitch.com/workers-compensation-osha-cannot-help-you/
https://www.nbalawblog.com/workers-compensation-what-is-a-contract-employee/
https://www.jdavidmarkham.com/frequent-problems-in-nonsubscriber-work-injury-cases/
https://www.clarkbyarlay.com/workers-compensation-non-subscriber-employers/
https://www.lawofficeofkarenross.com/workers-compensation-law/
https://www.sainilawyers.com/workers-compensation-attorney/
https://www.hensleylawteam.com/legally-pursue-damages-arising-from-an-injurious/
https://www.ftlauderdaledefense.com/workers-compensation-non-subscriber-lawsuits/
https://www.fastinjuryclaims.com/the-complexity-of-workers-compensation-insurance/
https://www.car-accident-lawyers-today.com/understanding-your-rights-after-a-car-accident/
Many employers think it’s clever to dodge responsibility for employee injuries by calling you a contractor rather than an employee to begin with. Now sometimes that might be true. But most of the time, many of them say their employees are contractors (or subcontractors) and essentially try to pass the blame (and liability) down the line. It’s a daisy chain of non-responsibility that has been going on since the day driller John fell down and broke his hip on Dad Joyner’s Daisy Bradford rig in East Texas. By claiming this, your employer tries to use that technicality to deny the existence of an employer-employee relationship between you and his company. Their claim: “Why should we be responsible for an injury to a person who was never our employee to begin with?” More on this website
But just because these drilling employers hire their employees as contractors or as temp workers through a third-party doesn’t make it so! Many times the employer knows a true employer-employee relationship exists and the injured employee has the right to obtain compensation against this non-subscriber. So don’t be misled by this subterfuge. A skillful, well-seasoned oilfield accident lawyer knows how to disprove this employer denial of liability and corroborate the employer-employee relationship by meeting at least one the following standards:
Social security or taxes have been withheld from your paycheck by your employer.
The essential equipment for the job was supplied to you by your employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by your employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where a worker is borrowed from another company, or a third-party agency, the rules for determining the working relationship are related, but there can be some crucial differences. Some of these conditions may include:
If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor
Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.
If the employment agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.
If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.
Our Law Firm conducts a thorough investigation to demonstrate the existence of at least one, and often many, of these standards to clearly prove an employer-employee relationship existed for you. We depose co-workers, review contracts and examine pay stubs and other financial documents to establish that you were, in fact, an employee when you suffered that serious on-the-job injury.
A couple wrinkles on this topic that might come into play: if you were hired by an employment agency to work at their “client employer’s” company and suffered a workplace-related accidental (or your loved one was killed), your oil and gas rig injury lawyer must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, and a third party claim against the company where the work was actually performed. Also, if your employer loaned you out to another company and the accident occurred there, the issue of workers’ comp subscription with your employer must be answered first and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit.
Workers’ comp claims are less-than-adequate when major injuries are involved: including wrongful death. So the traditional way for an employee or surviving family to recover fair damage compensation is to file a workers’ comp claim against the employer of record if it applies, and then supplement the claim with the appropriate number of third party claims or lawsuits. And if worker’s comp doesn’t apply to your accident liability scenario in any way, then its straight non-subscriber claims or cases across-the-board.
Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and the level of compensatory damages you can win from your oilfield injuries, we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.
More great articles here:
https://www.personal-injury-attorney-san-antonio.com/oilfield-accident-attorney/
https://www.personal-injury-lawyer-san-antonio.com/oilfield-and-offshore-platform-accidents/
https://www.personal-injury-lawyer-san-antonio.com/west-texas-oilfield-injuries-attorney/
https://truckaccidentattorneysa.com/the-role-of-federal-and-state-agencies-in-investigating-accidents/
https://www.texastruckaccidentattorneys.com/oilfield-accident-laws-by-state/
https://www.no1-lawyer.com/common-injuries-in-oilfield-accidents/
https://san-antonio-auto-accident.com/dealing-with-insurance-companies-after-an-oilfield-accident/
https://el-paso-auto-accident.com/determining-fault-in-oilfield-accidents/
As you know Carabin Shaw is a prominent San Antonio Law Firm representing injury victims of all kinds of accidents in Texas!
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Call Shaw if you or a family member were injured in an accident
Several workers were injured and one has died, in an explosion at an oil rig in Burleson county, Texas near Deanville-southwest of Bryan. The oil well blowout happened on County Road 127. Our thoughts and prayers go out to the once involved.
Picture by abc-25 Kxxv Central Texas
When tragic accidents such as an oil well blowout happen and serious injuries or worse are involved, you need attorneys to protect your rights.
Whether drilling for oil or natural gas on Texas soil or out in the Gulf, few jobs more dangerous than working on a rig. The price of gasoline and all of its refined byproducts continue to skyrocket. And natural gas is a rising commodity in a world where all sources of energy are at a premium. This industry is working day-and-night to meet the even greater demand from our growing industrialized world to quench its thirst. Long dormant Texas oilfields and the massive new natural gas fields in the northern part of the state are a beehive of profitable activity.
This newfound frenzy of drilling (and transportation) activity is producing a dramatic uptick of serious drilling and pipeline accident injuries, too many of them are usually the result of someone’s negligence. Most can be traced to cutting production corners, use of equipment that should have been retired years ago, and drilling workers being pushed beyond their physical limits by being forced to work many hours of overtime and being double shifts for days on end. Now the money is good when they do that. But there’s a downside in this work environment. It is characterized by speed and corporate greed then-amplified by bad judgment. So many tragic and avoidable injuries are typical of an industry that is rushing to meet market demands at breakneck speed, with little regard for the people who generate those huge profits.
If you’ve suffered an injury in a drilling rig accident, or if a loved one has been killed in the oil or gas patch, what happens next? Who pays the medical bills, lost wages, pain, and suffering, or disability, regardless of whether it’s short-term or permanent? If a death is involved, who pays for the funeral and the surviving family’s loss? And since it would be suicide to fight those liable for your injuries by yourself, who has the experience and ability to fight for your rights? An experienced Texas drilling and pipeline accident attorney is your only option if you are to receive fair and just compensation for your damages arising from the accident you suffered on a drilling rig or pipeline.
A contractor died and three other workers were injured in an explosion Wednesday afternoon south of Caldwell in Burleson County. (KBTX photo)
Since workers’ compensation dominates Texas injury law, you must first know whether or not your employer has this insurance, which covers some reimbursement for medical expenses, lost wages, pain and suffering. But you also need to know if third parties contributed to your injuries because they too can be a source of compensatory revenue. In-short, the ability to obtain fair compensation is predicated on the ability of your oil and gas injury lawyer to get to the bottom of the accident, its causes, and bring every party who is liable for your injury to justice.
Under the best circumstances, getting to the bottom of petroleum worker injury cases is rarely easy. Each case usually has a lot of “moving parts” and strategies unique to the injury, the defendants, how they are insured and the strategy each defendant uses against you. And don’t forget, the oil and gas industry has the world by the throat. So those companies have a lot of power, money and legal influence. They’ll stop at nothing to deny your claim and fight your civil lawsuit in order to protect their record profits. Without an experienced attorney to represent you, the injured oil and gas drilling and pipeline worker, are little more than an insignificant nuisance to these deep-pocket opponents.
Our lead attorney, and his professional team at our Texas Law Offices, have a track record of resolving injury claims and civil cases on behalf of injured oil and gas workers that dates back over 20 years. You can be confident that you will be retaining an experienced firm that can secure a maximum work-injury settlement for your drilling or pipeline accident case. Without experienced legal counsel, it’s virtually impossible to accomplish this goal.
Consider the following:
Comfort Level - Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?
Credentials - How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?
Cost - How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?
City - Is the lawyer's office conveniently located?
Texas law allows injured drivers and passengers, and the families of the loved ones who have died or were injured in car accidents, to file a lawsuit against those responsible for the accident.
Legal responsibility, called “liability,” for a car accident often depends upon proof that another driver was at fault. The other driver, however, does not have to intentionally cause the crash. Proving the other driver operated the vehicle in an unsafe and unreasonable manner under the circumstances, known as negligence, is sufficient evidence to demonstrate liability.
In certain cases, non-driver factors lead to a car accident. These factors can include roadway hazards, poorly-marked construction sites, construction site debris, sand, or gravel on roadways, and other dangerous road conditions. Keep in mind, the deadline under Texas to bring a lawsuit, known as the statute of limitations, can be as short as six months for claims against governmental agencies.
When should you contact a car accident lawyer?
If you or a loved one has been involved in an automobile accident, you should discuss your case with an experienced auto accident attorney immediately. If too much time goes by before an injury lawyer takes on your case, certain evidence in your case may become impossible to acquire, witnesses may become out of reach, and insurance companies may disadvantage you. Our law firm handles exclusively personal injury claims and wrongful death claims.
Once we accept your automobile accident injury claim, we immediately begin working to obtain for you the maximum compensation allowed by law. We will:
Conduct a thorough investigation
Acquire all available evidence needed to prove and maximize your claim
Work with auto accident reconstruction experts to prove that the other party is at fault
Utilize medical experts to support your claim for the full extent of your injuries
Common Car Accident Injuries
Car accidents can be extremely traumatic. While some of the more fortunate accident victims are able to walk away from crashes without injuries, the sad truth is that many people don’t. In fact, too many car crashes that occur on Texas roadways are catastrophic—some of which result in death.
Because car crashes are usually violent, injuries are common. In fact, across the United States, there are about 1.6 million injury-causing car crashes every year. Whatever your injury and whatever the resulting cost, a San Antonio car accident lawyer from our firm can help you seek compensation to pay for your recovery.
Brain Injuries
Some of the most serious injuries resulting from car accidents are traumatic brain injuries. Symptoms of a brain injury can be mild, moderate, or severe, depending on several factors involved in the accident.
Unfortunately, brain injuries don’t always show symptoms immediately. If left untreated, even a minor brain injury can cause permanent damage; this can happen when the brain swells and creates too much pressure inside the head.
Spine and Back Injuries
Spine injuries can leave victims paralyzed. Typically, these types of injuries are caused in conjunction with injuries to the vertebrae, discs, or the spinal cord itself. In fact, broken bone fragments and disc material can damage the spinal cord, which carries signals between the brain and the rest of the body.
These injuries often lead to a severely decreased quality of life. This—in addition to your medical expenses—should be factored into your final settlement. With the help of a San Antonio car accident lawyer from our firm, it will be.
Neck Injuries and Whiplash
Neck injuries are some of the most common injuries that happen in car accidents. In many cases, whiplash, injury to the soft tissues of the neck, is unavoidable and results from the head’s forward momentum during a crash.
Other neck injuries include cervical dislocation, disc injury, and neck strain.
Internal Injuries
Seat belts, airbags, and other parts of the interior of a vehicle can all cause internal injuries during a wreck. The most at-risk organs include the bowels, kidneys, liver, lungs, and spleen.
Internal bleeding and injuries to your internal organs are all but certain to carry a heavy financial burden and long-term medical implications. Your San Antonio car accident lawyer will ensure that your medical needs, both current and future, are fully factored into your financial award.
For more information , Please have a Click on car accident attorney in San Antonio
