San Antonio Personal Injury Lawyer
San Antonio Personal Injury Lawyer
A major personal injury can change someone’s life forever. Not only can injured victims suffer a lifetime of chronic pain and disability, but they can also suffer debt from the crippling combination of medical bills and lost wages. What makes all of this worse is if someone’s negligent actions or inactions directly cause this chronic pain and financial stress. If this sounds like your current situation, you need an experienced San Antonio personal injury lawyer on your side.
Janicek Law is a top-notch personal injury law firm in San Antonio, TX that’s dedicated to helping victims restore their lives to their pre-accident state by litigating a successful personal injury claim. For more information on our legal services, call 210-366-4949 today. We offer a free consultation to all new clients.
What is Personal Injury Law?
Personal injury law, also called tort law, allows accident injury victims to file civil lawsuits against negligent parties in order to receive financial compensation for their injuries suffered. The main goal of any personal injury claim is to restore accident victims to their previous physical, emotional, and financial state. San Antonio personal injury attorneys at Janicek Law have decades of combined experience in doing just that.
Personal Injury Law Basics
Personal injury law is a huge legal umbrella that includes countless types of dangerous incidents. Many personal injury cases are filed due to the following situations:
- Accidents such as motor vehicle accidents, medical malpractice incidents, slip and fall accidents, dog bites, and more. Basically, any major accident that occurs due to someone else’s negligence and results in life-threatening injuries or death for the victim is worthy of a personal injury lawsuit.
- Intentional Acts: If someone intentionally causes serious personal injuries upon a victim, they could certainly sue for damages. Common examples of intentional acts include domestic violence and assault and battery incidents. Victims could file both criminal and civil cases for intentional acts in order to receive fair compensation.
- Defective Products and Dangerous Drugs: We’ve all seen regular product recalls and even drug recalls. These recalls happen because the company either realized that the product could cause harm to consumers or they received reports that their product certainly did cause harm to consumers. Examples of defective products can include toys, food, car parts, beauty products, defective medical devices (such as IUDs and the Exactech knee replacement devices), and so much more.
Personal Injury Cases We Handle
San Antonio personal injury lawyers at Janicek Law litigate a wide variety of personal injuries. If you have suffered one of the following serious injuries due to someone else’s negligence, you may have grounds to pursue compensation through a personal injury case.
Traumatic Brain Injuries (TBI)
A traumatic brain injury (TBI) occurs when someone suffers a violent blow, jolt, or puncture wound to the head. TBI’s and their symptoms can range from a mild concussion to a major injury that permanently impairs the person for the rest of their life. Common TBI symptoms can include:
- Sensory issues like ear ringing, changes in smell, light sensitivity, blurry vision, etc.
- Nausea or vomiting
- Memory, concentration, and coordination problems
- Increased anxiety and depression
- Loss of consciousness
- Pupil dilations
- Severe headache
- Major confusion
- Ear and nose drainage
One of the most common causes of a TBI is a motor vehicle accident, such as car accidents, truck accidents, and motorcycle accidents. Other common causes include sports accidents, slip and fall accidents, physical assaults, shootings, explosions, and even medical malpractice.
Spinal Cord Injuries (SCI)
Spinal cord injuries (SCI) are just that: injuries to the spinal cord as a result of traumatic force to the head, neck, or back. These types of injuries can include spinal nerve damage and fractured vertebrae as well. SCI’s can even include minor neck injuries, such as whiplash, which can create some pretty debilitating symptoms. The most severe cases of SCI can result in complete or partial paralysis.
Common symptoms of a spinal cord injury can include:
- Numbness and tingling in the limbs
- Difficulty moving the limbs
- Difficulty walking
- Complete inability to walk
- No control over bladder or bowels
- Difficulty breathing
- Severe pain in the neck or back
- Loss of consciousness
- Head, neck, or back that’s oddly positioned
The most common causes of a spinal cord injury include a car accident, a sports accident, diving into the shallow part of a pool, a physical assault, medical malpractice incidents, and any incident that causes the head or neck to twist violently.
A burn injury is basically tissue damage that occurs when people come into contact with excess heat or fire. Burn injuries are separated into three categories depending on the depth and severity of the damaged tissue.
- 1st Degree Burn: This is the most minor type of burn that you can suffer from. Only the top layer of tissue is damaged which causes mild pain and redness. Sunburns are a common example of 1st degree burns.
- 2nd Degree Burn: This type of burn describes damage to the outer layer of skin (epidermis) and the second layer of skin (dermis). The pain and redness is usually much worse than a 1st degree burn. Additionally, people may notice blisters which can later turn into scars.
- 3rd Degree Burn: This is the most severe type of burn. 3rd degree burns damage the epidermis, dermis, underlying fat cells, and even nerves. The pain is usually excruciating. Victims often have permanent scarring and disfigurement even when they recover.
Most of us have likely experienced a minor burn injury in our lives, whether that be from the sun or accidentally touching a hot pan. But these incidents are nothing to file a lawsuit over. Meanwhile, people who have suffered burn injuries from car accidents, apartment or building fires, harsh chemicals, physical abuse, and electrical currents may have grounds to file a personal injury claim.
An amputation is basically the partial or complete loss of a limb or digit (fingers or toes). There are two main types of amputations: surgical or traumatic. Surgical amputations occur when an underlying medical condition requires victims to have their limb surgically removed. Meanwhile, traumatic amputations occur when some kind of accident, such as an auto accident, causes a victim to lose their limb.
If you suffered a traumatic amputation from a car accident, a truck accident, a surgical error, or a workplace accident, you may have grounds to file a personal injury lawsuit. Allow our San Antonio personal injury attorneys to analyze the facts of your amputation case and help you determine the best course of action.
A catastrophic injury is basically a serious injury that causes permanent bodily damage and disability. Most of the time, catastrophic injuries involve major damage to the central nervous system – the brain and the spinal cord. Listed below are the most common types of catastrophic injuries that our law firm regularly litigates:
- Traumatic brain injury (TBI)
- Spinal cord injury (SCI)
- Partial or complete paralysis
- 3rd degree burns which often result in permanent scarring or disfigurement
- Major nerve damage
- Fractures to the face or skull
- Loss of hearing or vision
- One or more amputations
- Multiple broken bones
- Any injury that prevents the victim from moving, functioning, or working for the rest of their lives
People can sustain catastrophic injuries from a car accident, a work accident, a slip and fall accident, a physical assault, a sports accident, a fire or explosion, a medical malpractice incident, etc.
Medical malpractice occurs when the negligent actions or inactions of a medical professional directly cause serious health consequences or death for a patient. Common examples of medical negligence include surgical errors, medication errors, anesthesia errors, diagnostic errors, failure to warn or give informed consent, and more. Birth injuries and nursing home neglect and abuse also fall under the legal umbrella of medical malpractice.
Nursing Home Neglect and Abuse
Not only does our law office have a strong team of San Antonio injury lawyers, but we have a strong team of nursing home abuse and neglect lawyers as well.
Nursing home abuse and neglect occurs when nursing home members suffer illness, injury, or death as a direct result of nursing staff negligence. Elderly residents can suffer from physical, emotional, and sexual abuse as well as medical neglect and neglect of basic needs. As a result, these elderly residents may sustain severe bedsores, fall injuries, choking injuries, frequent infections, drug injuries, and so much more.
Each San Antonio personal injury attorney at Janicek Law Offices is passionate about fighting for the rights of our elderly population. If your elderly loved one’s health is rapidly deteriorating inside their nursing home, contact our law firm today.
A birth injury is a traumatic injury that the baby and/or the mother can sustain during the birthing process. Medical malpractice plays a huge role in many birth injury cases. For example, a doctor’s failure to monitor the baby’s stress levels during labor and delivery can lead to a variety of complications including meconium aspiration syndrome (MAS), which is when the baby passes a bowel movement in the womb and then inhales it. As a result, the baby can suffer major respiratory distress, infection, and even death.
Other common birth injuries include:
- Traumatic brain injury – such as cerebral palsy or hypoxic ischemic encephalopathy (HIE) – which can occur from placing forceps on the baby’s head in order to pull it out of the vaginal canal
- Brachial plexus injury which can occur if the doctor pulls on the baby’s head or neck during delivery
- Fractured or broken bones due to a doctor’s excessive force during the birthing process
Wrongful death occurs when someone else’s negligence causes a person to sustain fatal catastrophic injuries. Wrongful death lawsuits and personal injury lawsuits are very similar in that they are designed to restore the victims’ lives to their pre-accident state. The only difference is that in wrongful death suits, the main victims are the family and friends left behind.
Obviously, no amount of financial compensation will ever bring a person back from the dead. However, money can relieve a lot of excess stress that wrongful death causes such as medical expenses, lost wages, counseling expenses (in order to cope with emotional distress), loss of consortium, and more. That way, family and friends of the deceased can heal from their loss without feeling crippled by debt and other financial woes.
People can suffer wrongful death from an auto accident, a work accident, a pedestrian accident, a defective drug or product, a physical assault, medical malpractice, and more. If you recently lost your loved one due to negligent actions or inactions, a San Antonio attorney at Janicek Law can help.
Is Texas an At-Fault State?
Yes, Texas is an at-fault state. This means that if you cause a car accident, you have to pay for the victims’ damages through your auto insurance company. Because so many types of personal injuries are caused by motor vehicle accidents, Texas’ fault laws are important to keep in mind.
Texas also follows the 51% comparative fault rule. This means that if you are more than 51% at fault for an auto accident, you cannot receive compensation for your medical bills, property damage, and lost wages. But if you are less than 51% at fault, your amount of compensation will be reduced by your percentage of fault.
If you have suffered serious injuries from a car accident, a personal injury attorney at Janicek Law can negotiate an appropriate car accident settlement with the at-fault party’s insurance company.
Damages for Personal Injury Lawsuits
Personal injury case worth is heavily determined by the amount of damages suffered. A San Antonio personal injury claim can help victims potentially recover compensation for the following types of damages:
- Past and future medical expenses
- Past and future rehabilitative expenses
- Caregiving expenses
- Counseling expenses
- Lost wages
- Loss of earning capacity
- Permanent scarring, disfigurement, or disability
- Loss of consortium
- Emotional distress
- Physical pain and suffering
- Legal fees
- Funeral and burial expenses if injury victims suffer wrongful death
Texas Personal Injury Statute of Limitations
Injured victims have two years from the date of their accident or injury to file a personal injury lawsuit against the at-fault party. So if you try to file a lawsuit outside of this two year window, your case could be dismissed altogether. That’s why it’s crucial to act fast and contact a San Antonio personal injury attorney at our law office as soon as possible. We can help you build a strong personal injury case and walk you through the entire claims process.
Call a San Antonio Personal Injury Lawyer at Janicek Law Today
If you or a loved one has suffered serious injuries due to someone else’s negligence, you have legal options. Personal injury lawyers at Janicek Law in San Antonio, TX are the best legal representation to have on your side during this impossible time. We will walk you through the entire legal process while fighting for your justice. Call 210-366-4949 to schedule a free initial consultation today.