When you’re injured due to someone else’s negligence in San Antonio, understanding the timeline of your personal injury case can help alleviate stress during your recovery. At Ryan Orsatti Law, our experienced personal injury attorneys guide clients through every stage of the legal process, ensuring they receive fair compensation while they focus on healing.
Immediate Steps After an Injury: The Foundation of Your Case
The actions you take immediately following an accident significantly impact your case’s outcome. Here’s what to do:
Seek Medical Attention
Your health comes first. Even if injuries seem minor, some conditions like whiplash or traumatic brain injuries may not present symptoms immediately. San Antonio offers several excellent emergency care options, including University Hospital, Methodist Hospital, and Baptist Medical Center. Medical documentation establishes a direct link between the accident and your injuries—crucial evidence for your case.
Report the Incident
For car accidents in San Antonio, Texas law requires reporting any collision resulting in injury, death, or property damage exceeding $1,000. Contact the San Antonio Police Department or the Bexar County Sheriff’s Office. For workplace injuries, inform your supervisor and complete the necessary incident reports. For premises liability cases, ensure the property owner or manager documents the incident.
Document Everything
Preserve evidence by:
- Taking photographs of the accident scene, visible injuries, and property damage
- Collecting witness contact information
- Noting weather and road conditions if applicable
- Keeping all medical records and bills
Avoid Speaking With Insurance Companies
Insurance adjusters may contact you shortly after the accident. Their goal is to minimize payouts, often by recording statements that can be used against you later. Direct all communication to your personal injury attorney to protect your interests.
Consultation With a San Antonio Personal Injury Attorney (Days 1-14)
Finding the right personal injury lawyer in San Antonio is critical to your case’s success. At Ryan Orsatti Law, we offer free initial consultations where we:
- Evaluate your case’s merits
- Explain Texas personal injury laws relevant to your situation
- Outline potential compensation
- Discuss our contingency fee structure (you pay nothing unless we win)
During this meeting, bring all documentation related to your accident and injuries. We’ll assess whether you have a viable claim worth pursuing and develop a preliminary strategy.
Investigation Phase (Weeks 2-8)
Once you’ve retained our services, our legal team begins a thorough investigation:
Gathering Evidence
We collect police reports, witness statements, surveillance footage, and other evidence to establish liability. In San Antonio, we may work with local resources like the San Antonio Police Department’s Records Division to obtain official accident reports.
Obtaining Medical Records
We compile your medical records and bills from all providers involved in your treatment. For complex injuries, we coordinate with San Antonio specialists at institutions like UT Health San Antonio or CHRISTUS Santa Rosa Health System.
Consulting With Experts
Depending on your case, we may consult with:
- Accident reconstruction specialists
- Medical experts
- Financial analysts to project future costs
- Vocational rehabilitation experts
Insurance Policy Analysis
We review all applicable insurance policies, including the at-fault party’s coverage and your own policies (health insurance, uninsured/underinsured motorist coverage).
Pre-Litigation Settlement Attempts (Months 2-5)
Many personal injury cases in San Antonio settle before filing a lawsuit:
Demand Package Preparation
Once you’ve reached maximum medical improvement (MMI) or your long-term prognosis is clear, we prepare a comprehensive demand package including:
- A detailed account of the accident
- Evidence of liability
- Complete medical documentation
- Economic damages calculation (medical bills, lost wages)
- Non-economic damages estimation (pain and suffering, emotional distress)
Negotiation Process
We present this package to the insurance company and begin negotiations. In Texas, insurance companies must respond to claims within 15 business days of receiving all necessary information and must pay approved claims within 5 business days.
Filing a Lawsuit (Month 5-6 if necessary)
If settlement negotiations fail to produce a fair offer, we file a lawsuit:
Petition Filing
We file a petition (complaint) in the appropriate Bexar County court based on your claim’s value:
- Claims under $20,000: Bexar County Justice of the Peace Courts
- Claims between $20,000 and $250,000: Bexar County Court at Law
- Claims over $250,000: Bexar County District Court
In Texas, the statute of limitations for most personal injury claims is two years from the date of injury, making timely action essential.
Service of Process
The defendant must be formally served with the lawsuit papers, giving them notice of the legal action. In Bexar County, this is typically handled by the Bexar County Sheriff’s Office or a private process server.
Defendant’s Answer
After being served, the defendant has approximately 20 days to file an answer in Texas courts. Their response typically denies liability and raises potential defenses.
Discovery Phase (Months 6-12)
Discovery is the formal exchange of information between parties:
Written Discovery
Both sides exchange:
- Interrogatories (written questions)
- Requests for production of documents
- Requests for admission
In Texas, parties generally have 30 days to respond to discovery requests.
Depositions
Sworn testimonies are taken from:
- Parties involved
- Witnesses
- Expert witnesses
- Healthcare providers
Depositions typically occur at attorneys’ offices or court reporting services in San Antonio.
Medical Examinations
The defense may request an independent medical examination (IME) by their chosen doctor to evaluate your injuries. These examinations often take place at medical facilities throughout San Antonio.
Pre-Trial Procedures (Months 12-18)
As your case approaches trial, several procedures occur:
Mediation
In Bexar County, most judges require mediation before trial. During this process, a neutral third-party mediator works to facilitate a settlement. Mediation typically takes place at the mediator’s office or at the Bexar County Dispute Resolution Center.
Pre-Trial Motions
Both sides may file motions to:
- Exclude certain evidence
- Dismiss parts of the case
- Resolve legal questions before trial
These motions are decided by the judge assigned to your case in the appropriate Bexar County court.
Trial Preparation
Our team prepares:
- Opening and closing statements
- Direct examination questions
- Cross-examination strategies
- Exhibits and demonstrative aids
- Witness preparation
Trial (Month 18-24 if necessary)
While most personal injury cases settle before trial, we prepare thoroughly in case yours proceeds to court:
Jury Selection
In Bexar County courts, jury selection (voir dire) typically takes half a day to a full day, depending on case complexity.
Opening Statements
Both sides present their case overview to the jury.
Presentation of Evidence
We present witnesses, experts, and documentation to prove:
- The defendant’s liability
- The extent of your injuries
- Your economic and non-economic damages
The defense presents their evidence attempting to refute liability or minimize damages.
Closing Arguments
Both attorneys summarize their case and argue why the jury should find in their client’s favor.
Verdict
The jury deliberates and reaches a verdict. In Bexar County, civil juries typically consist of 12 jurors for district court cases and 6 jurors for county court cases. The verdict requires agreement from at least 10 of 12 jurors in district court or 5 of 6 jurors in county court.
Post-Trial Matters (Post-Verdict)
After a verdict, several issues may need resolution:
Collection of Judgment
If you receive a favorable verdict, we work to collect the judgment, which may involve:
- Direct payment from the defendant’s insurance
- Payment plans
- Asset seizure in some cases
Appeals
Either party may appeal if they believe legal errors occurred during trial. In Texas, a notice of appeal must be filed within 30 days of the judgment.
Disbursement of Funds
Once compensation is received, we:
- Resolve any medical liens or outstanding bills
- Deduct agreed-upon attorney fees and case expenses
- Distribute the remaining amount to you
Unique Aspects of San Antonio Personal Injury Cases
San Antonio’s legal landscape has several distinctive features:
Local Court Procedures
Bexar County courts have specific local rules that affect case scheduling and procedures. For example, the 37th, 45th, 57th, 73rd, 131st, 166th, 224th, 225th, 285th, 288th, and 438th District Courts handle civil matters in Bexar County, each with slightly different procedural requirements.
Comparative Negligence
Texas follows a “modified comparative negligence” rule with a 51% bar. If you’re found to be more than 51% responsible for your accident, you cannot recover damages. If you’re 50% or less responsible, your compensation is reduced by your percentage of fault.
Damage Caps
Texas law caps non-economic damages (pain and suffering) in medical malpractice cases at $250,000 per defendant and $500,000 total. However, most other personal injury cases don’t have damage caps for non-economic damages.
Why Choose Ryan Orsatti Law for Your San Antonio Personal Injury Case
Navigating the personal injury process in San Antonio requires local knowledge and legal expertise. At Ryan Orsatti Law, we offer:
- Deep familiarity with San Antonio courts and judges
- Established relationships with local medical providers
- Thorough understanding of Texas personal injury statutes
- Proven track record of successful settlements and verdicts
- Compassionate client service throughout your case
Our personal injury attorneys handle all aspects of your case while you focus on recovery. We communicate clearly at every stage, ensuring you understand where your case stands and what to expect next.
Conclusion
While this timeline provides a general roadmap, every personal injury case is unique. Factors such as case complexity, injury severity, insurance company cooperation, and court scheduling affect how quickly your case progresses.
At Ryan Orsatti Law, we work diligently to resolve your case as efficiently as possible while maximizing your compensation. If you’ve been injured in San Antonio, contact our experienced personal injury attorneys for a free consultation. We’ll evaluate your case, explain your options, and develop a strategy tailored to your specific circumstances.
Don’t navigate this challenging process alone. Let our dedicated personal injury lawyers fight for the justice and compensation you deserve while you concentrate on healing.
