A serious, catastrophic injury can affect every part of your life. You may spend weeks or months in the hospital and have significant medical bills. You may have lost wages or a diminished capacity to earn future wages. You may even have permanent disability or disfigurement as a result of your injury.
At The Law Firm of Aaron A. Herbert, P.C., our San Marcos personal injury lawyers understand just how difficult this time can be. That’s why we focus solely on personal injury law. Our attorneys are passionate about helping people and have significant experience representing injured clients in San Marcos and throughout Texas . We work tirelessly to secure justice and fair compensation for clients. Contact us today to hear how we can help you. Initial consultations are free.
Why Choose Us for a San Marcos Personal Injury Case?
- Our lead lawyer, Aaron A. Herbert, is an effective trial attorney and veteran of over 50 personal injury trials. He will go the extra mile to get the best possible outcome for you and your family.
- Our law firm deals exclusively with personal injury cases. This focused knowledge and experience in this practice area give us an edge over our competitors.
- Our attorneys work on a contingency fee basis on all San Marcos personal injury cases. This means you will not have any upfront legal costs. You will only pay if we win your case.
When to Contact a Personal Injury Attorney in San Marcos
Living with a personal injury is difficult. Serious injuries can impact survivors emotionally, physically and economically. If you believe someone negligently, wantonly or intentionally caused your injury, hiring a personal injury lawyer in San Marcos can be instrumental for your recovery – especially if your injuries are serious. A lawyer will know how to negotiate with an insurance company during the recovery process while you spend your time healing. A lawyer can increase your financial recovery award and provide peace of mind.
What to Expect During a Personal Injury Insurance Claim
The insurance company responsible for taking your claim will not want what is best for you. An insurance company’s number one goal is to save money by diminishing your financial award. Be cautious when discussing your accident or injury with an insurance claims adjuster. Be aware that the adjuster may try to trick you into accepting less than your injuries require. If you do not feel confident in your ability to negotiate with an insurance company alone, hire an attorney from The Law Firm of Aaron A. Herbert, P.C. to do so for you. Several tips we have learned over the years could help you negotiate your claim more successfully.
- Call the police from the scene of the accident and write down your police report number.
- File an initial insurance claim as soon as you are able.
- Do not talk to a claims adjuster if you do not want to.
- The law does not force you to give a recorded statement. Politely decline to give one.
- Prepare for the conversation ahead of time with notes and information about the accident.
- Do not say you caused the accident or injury or speculate about fault.
- Answer questions honestly, but do not give away more information than asked.
- Never sign any paperwork sent to you from the insurance company.
- Do not give a blanket authorization to access your medical records.
- Keep copies and notes about all correspondence with the insurance company.
- Do not accept an initial settlement offer without first talking to an attorney.
After talking to you about your personal injury accident, a claims adjuster will investigate the facts of your case. The adjuster may conduct an in-person inspection of your damaged vehicle after a car accident, for example, or review your medical records. The adjuster will use the information acquired to recommend to the insurance company to either accept or deny your claim. If your claim is accepted, your lawyer can negotiate with the company for a fair settlement value. If negotiations are unfruitful, your lawyer can proceed to court with your case instead. Using an attorney in San Marcos can improve your chances of a positive outcome.
Types of Cases We Accept
The Law Firm of Aaron A. Herbert, P.C. has dedicated more than a decade to representing clients in San Marcos and throughout Texas. We take our commitment to clients seriously. Our personal injury attorneys accept clients with injuries caused by many different types of accidents.
- Automobile accidents
- Truck accidents
- Commercial vehicle accidents
- Bicycle accidents
- Dog attacks
- Premises liability
- Construction accidents
- Industrial machinery accidents
- Daycare abuse and neglect
- Wrongful death
We have the means to take on cases involving catastrophic, life-changing injuries, including spinal cord injuries and traumatic brain injuries. We also have wrongful death attorneys to help families in San Marcos demand justice for fatal accidents. Discuss your specific type of case with our local lawyers today. Call (210) 435-7968.
Common Types of Personal Injuries
Serious accidents can cause a wide variety of personal injuries. How the accident occurred, whether you had any pre-existing conditions and many other elements could affect the type of injury you suffer. It is important to fully document your personal injury for use during your liability claim. Injury documentation such as x-rays and letters from your doctor could help you prove your injuries to an insurance company, judge or jury. Our attorneys represent clients with all types of personal injuries in San Marcos.
- Bone fractures
- Muscle and tendon injuries
- Traumatic brain injuries
- Spinal cord injuries
- Back or neck injuries
- Internal injuries
- Explosion or blast injuries
- Losses of limbs
- Permanent injuries or disabilities
- Scarring or disfigurement
- Emotional or psychological injuries
A severe injury could affect the rest of your life. You may face permanent physical or cognitive disabilities, expensive lifelong medical bills, live-in care, the inability to return to work, lost quality of life, and many other life-changing damages. If someone else negligently gave you a serious injury, that party may owe compensation for your losses. The attorneys at The Law Firm of Aaron A. Herbert, P.C. can help you negotiate for fair and full financial compensation.
What Are the Main Elements of a Personal Injury Case in Texas?
Whether or not you have a case is the fundamental question you will ask an attorney during a free consultation. Before you can hold someone responsible for your personal injury, you or a lawyer must prove – through a preponderance of the evidence – that the defendant caused your injury. You must do this by presenting enough proof of four main elements to convince a judge or jury that the defendant more likely than not caused your accident and injury.
- Duty. A duty of care is a legal obligation to uphold certain standards of care. An example is the duty that all drivers have not to cause car accidents. A defendant’s duties of care to you will depend on your relationship and the circumstances.
- Breach of duty. A breach, or deviation, from the duty of care describes an act of negligence that will make the defendant liable. Anything that a reasonable and prudent person would not have done in the same situation – any action or omission – could constitute a breach of duty.
- Direct cause. The defendant’s neglect to fulfill his or her duty of care must be the direct cause of your accident and injuries. You must have proof that your injury would not have occurred were it not for the defendant’s dereliction of duty.
- Damages. You must have suffered damages as the plaintiff of a personal injury accident. The defendant’s breach of duty must have given you compensable losses, such as medical expenses or property damages.
Proof of negligence in San Marcos can take the form of eyewitness statements, expert testimony, accident reconstruction, medical records, police reports and accident reports. A lawyer from The Law Firm of Aaron A. Herbert, P.C. can help you gather and present the right evidence during a personal injury claim. We know what it takes to prove fault and recover fair and full compensation from insurance companies. We can go up against any defendant in San Marcos on your behalf.
What Are Texas’s Personal Injury Laws?
Before you can obtain financial compensation for your past and future damages, you or your lawyer must navigate Texas’s related personal injury laws. The laws you need to know will depend on your case. If you were in a car accident, for example, you will need to understand Texas’s fault-based insurance laws. Under Texas’s tort-based system, you will have the right to hold the at-fault driver responsible for your losses. This is the opposite of how things work in a no-fault state. In no-fault states (there are only 12 of them), car accident victims will file claims with their own insurance companies whether they were at fault or not.
As the victim of any type of accident in Texas, you will need to consider the comparative negligence defense. This is a strategy a defendant may use to avoid paying the full amount of your damages. A defendant may lawfully owe you less compensation if he or she can prove that you caused or contributed to your injuries. If you were 10% responsible for a slip and fall accident, for example, you would receive an award that is 10% less than it would have been without the comparative negligence defense. Texas uses a modified comparative negligence law with a cap at 51%. You will lose all right to recover if you were more than half responsible for an accident.
One of the most important laws to know as a personal injury claimant in Texas is the statute of limitations. Every state has statutes of limitations that impose different deadlines on when to file personal injury claims. In Texas, this deadline is two years for most personal injury claims. After a car crash, dog attack, or slip and fall accident, you will have no more than two years to bring a personal injury cause of action. If you are filing a claim against the government, however, you could have less time to take action. Contact a lawyer as soon as possible after an accident to reduce your risk of missing the deadline.
Compensation Available During a Personal Injury Case
Filing a San Marcos personal injury lawsuit could be the only way to obtain justice and compensation for your accident. A lawsuit in Texas aims to hold a negligent or reckless party responsible for committing a wrongful act. The goal of a civil suit is to make the victim whole again after an avoidable, negligence-related accident. Compensation awarded in a successful PI case can cover several types of damages.
- Past and future medical needs
- Property damage repairs
- Out-of-pocket costs
- Legal expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Punitive damages
The value of a San Marcos personal injury case will depend on the losses suffered, the impact the injury had on the person, his or her age and income, and many other factors. Our attorneys can review your specific case for free to give you an idea of what it could be worth. If we take you on as a client, we will fight for maximum recovery on your behalf.
How to Choose Your San Marcos Personal Injury Attorney
Once you decide to hire a lawyer, your next step will be to research options in your area. Look for a lawyer who accepts personal injury clients locally in San Marcos. A local lawyer will have the courtroom connections and knowledge of municipal laws to properly handle your case. Then, narrow down your search based on practice area. Look for a lawyer who has experience with your type of accident. From there, find an attorney who exhibits all the signs of a top-quality legal representative.
- Years of experience
- Case results
- Trial experience
- Satisfied clients
- Awards and recognition in the industry
- Positive reputation in San Marcos
- One-on-one client care
- Tailored legal strategies
- Affordable rates
Talk to a few top choices in San Marcos by scheduling free consultations. Bring a list of questions for the lawyer to answer during your meeting. At the end of your search, hire the personal injury lawyer who best represents the things that matter most to you. You should feel confident in the lawyer you choose as your advocate.
Contact Our San Marcos Personal Injury Lawyers Today
Hiring a personal injury attorney will give you an advantage during insurance claim negotiations or an injury lawsuit in San Marcos. An insurance company will be unable to take advantage of you when a lawyer is representing your best interest. Discuss how our attorneys can help you with your personal injury case in San Marcos. Call (210) 435-7968 or submit a request online to schedule a free consultation near you.