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Filing personal injury lawsuit in San Antonio

Author: Michel Austin
by Michel Austin
Posted: Jan 29, 2015

If you or a loved one has suffered a personal injury in San Antonio because of the negligence of some other person or organisation then you have enough to file a personal injury lawsuit. But before you take any actions, you should gather some knowledge that will help you through the process. All such things are described below.

What is personal injury?

It is defined as the mental or physical injury that a person suffered from due to negligence or strict liability or intentional actions of someone else. Negligence means that the other party did not act responsibly. For instance, there was oil spilled on the floor of a restaurant, and you got injured by falling because of the oil then. Now, if you just broke your phone, then it won’t be personal injury. If a product is the cause of your injury then the persons involved in manufacturing, marketing, distributing and selling of that product can be held responsible for strict liability. Intentional actions cover assault, battery, wrongful imprisonment,, etc.. Meaning the person or organisation wanted to harm you.

Types of personal injury

The common types of personal injuries are wrongful death, sexual abuse, big bites, car or motorcycle accident, medical or dental accident, work related accident, injury caused by product failure,, etc..

How long do you have to file the lawsuit?

The laws vary from state to state, but in San Antonio the duration is set to two years. After the injury, you have up to two years to file the lawsuit. So the first thing you should do is take the person to a hospital. In some cases, the injury is not discovered at the time of an accident. For instance, you had a small accident due to which your neck starts hurting after a couple of weeks. In such cases, the court might extend the limitation to two years after the discovery. But this exception is applied only when the type of injury could not be discovered at the time of an accident.

If the accident was partly your fault

In most states, if the victim was also responsible for the accident, but in San Antonio the victim just need to prove that he/she was less than 50% responsible.

If after taking all the things, mentioned above, into account you think you have the proper ground to file a lawsuit then your next step should be contacting a reputed personal injury lawyer San Antonio. From this point forward, the lawyer should do most of the work and you should take every step after consulting the lawyer until the case is going. There is just one thing that you will have to put your brain to, and that is: what should you be compensated for in the claim?

In the claim, you ask the compensation for things like medical expenses, loss of capacity to earn, physical impairment, disfigurement, past or future pain,, etc.. You should try to think of all the things before filing the lawsuit. Now all the rest depends on your personal injury lawyer San Antonio.

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Author: Michel Austin

Michel Austin

Member since: Jan 28, 2015
Published articles: 1

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