Did someone else recently cause your or your loved one’s injuries? Are insurance companies refusing to pay you a fair settlement? If so, the Law Office of Wawi Tijerina wants to help you achieve an outcome that compensates you for the losses a negligent person caused you.
Our San Antonio personal injury lawyer has years of experience holding liable parties accountable. Find out more about what Rosaura “Wawi” Tijerina will do for you in a no-cost, no-obligation setting. Schedule your free consultation now by calling (956) 489-1300.
Why Hire Our San Antonio Personal Injury Lawyer?
Our San Antonio personal injury lawyer has the experience to fight for what you deserve. With years of experience, we are ready to mount a tough negotiation against insurers and liable parties refusing to pay their fair share.
Wawi Tijerina takes a thorough approach to every case, supporting the best possible outcome at every turn:
- Evidence preservation
- Liability identification
- Ongoing legal counsel
- Proper claims evaluations
- Comprehensive medical evaluations
- Witness coordination
- Assertive negotiation tactics
Wawi Tijerina Law operates on a contingency fee basis, meaning that you are not obligated to pay any legal fees as our client unless we win your case. However, time limits apply to personal injury claims, and it is essential for evidence to stay fresh. Getting legal advice when you want it is more advantageous than after an issue arises.
Rosaura “Wawi” Tijerina Protects People After an Accident
Liable parties must make a good-faith effort to reach a fair settlement offer. They do not have the right to offer you an unreasonably low amount, hoping you will walk away. Our legal team will pursue a fair award that reflects your physical and financial losses, including medical bills, lost wages, future losses, and mental anguish.
Rosaura “Wawi” Tijerina helps people navigate the following types of cases:
- Car accidents
- Truck accidents
- Wrongful death
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Workplace injuries
- Medical malpractice
- Defective products
- Other personal injuries
A personal injury will significantly impact your life, and insurers do not make the process any easier. If any of these accidents are fatal, contact a wrongful death attorney in San Antonio for necessary legal assistance. Our legal team will pursue the compensation you deserve, from evidence preservation to ongoing support. If you have a case, you can relax and rely on Wawi Tijerina Law to find the solution.
We Will Stand By Your Side
Our legal team is ready to help you through this challenging moment. If you or a family member have been injured in an accident, start getting the answers you want. Get a free consultation with our San Antonio personal injury lawyer by calling or texting us at (956) 489-1300.
You May Have More Options Than You Know
Are you wondering if you have a valid personal injury claim? While only a personal injury attorney makes that determination, it may be helpful to understand the framework. Wawi Tijerina Law will review your case for the following elements of negligence:
- Someone owed you a general duty of care, and
- They breached that duty, and
- Their breach caused your accident, and
- Your accident resulted in injuries (brain injuries, back injuries, etc…)
You have a San Antonio personal injury case if your case meets the above-referenced criteria. This situation allows you to recover compensation for medical bills, wage losses, future expenses, pain and suffering, and more. While money may not make up for the terrifying memories, it will provide for your future and well-being.
Personal Injury Claim Valuations Are Critical
Personal injury law is complicated, and getting a fair settlement entails negotiating an insurance settlement, dealing with insurance companies, and, in some cases, filing a personal injury lawsuit. It is challenging to determine what your case is worth without legal advice due to the many elements and opinions involved.
However, there are several factors we will consider when valuing your claim, including:
- Medical costs
- Lost work wages
- Future lost earnings
- Future medical care
- Pain and suffering
- Other factors
Personal injury cases are expensive for insurers to settle. Ensure you avoid “taking the bait” of engaging in unfair insurance practices. The San Antonio personal injury lawyer at Wawi Tijerina Law will help.
What You Can Do After a Personal Injury to Protect Yourself
No one starts their day expecting an injury, but 139.8 million people made emergency room visits in a single recent year. After a sudden injury, you can immediately take steps toward a successful personal injury claim in San Antonio or elsewhere. It may be difficult to take purposeful action if the injury is severe, painful, or leaves you incapacitated or unconscious; however, if you or a trusted companion can use a cell phone, you can begin protecting yourself physically and financially right at the scene by doing the following:
- First, call 911 for an ambulance or arrange transportation to a hospital or urgent care center. It’s always best to go straight to a medical provider from the accident scene or as soon as possible after the injury
- Then, use the phone camera to snap photos of whatever caused the injury, like the damaged vehicles in a car accident, a broken balcony rail, or a slippery puddle on the floor in a store or restaurant
- Take photos of any visible injuries
- Ask for a police report or business accident/incident report
- Add the contact information of anyone involved, such as another driver or a business owner
- Add the contact information of any eyewitnesses to the injury
At the hospital, ask for a full medical examination as well as treatment for your emergency injury. This sometimes identifies additional injuries with delayed symptom onset. Obtain a copy of a detailed medical report.
Call the San Antonio personal injury attorneys who can protect your best interests before accepting any early settlement offers from the insurance company of the at-fault party. After hiring an attorney, direct all communication with the insurance company to your lawyer.
We Recognize the Signs of Unfair Insurance Practices
Our state laws protect your rights against unfair insurance practices under Texas Civil Practices and Remedies Code § 542.003. This rule states that insurance companies cannot use specific tactics when processing claims since they negatively impact covered parties. However, these tactics are challenging to spot since they leave room for interpretation.
Your San Antonio personal injury lawyer will recognize the signs of unfair insurance practices for you, including:
1. No Communication
Insurers must acknowledge your claim without unnecessary delays. Wawi Tijerina Law ensures your claim receives prompt acknowledgment; otherwise, we will hold them accountable for bad faith damages, and another award for claimants suffering from unfair treatment.
2. Improper Investigations
Claims adjusters (and their tools) must conduct proper injury claims investigations. The law prohibits them from conducting unreasonable investigations as a settlement-reducing tactic. Your San Antonio personal injury lawyer will determine if the investigation met these legal standards while considering all relevant facts and evidence.
3. Material Misrepresentation
Adjusters and claims agents cannot knowingly misrepresent facts about policy provisions. It is also against the law for them to distort the truth or mislead you. Wawi Tijerina will identify misrepresentations to determine how this issue, if at all, affected your claim.
Common Tactics Insurance Companies Use Against You
Insurance companies are private businesses with profits as their primary purpose. Often, they protect their profits at your expense. Your attorney helps safeguard against these tactics but it’s helpful to know the methods insurance companies use against personal injury victims in Texas, including the following:
- Calling very soon after the accident with a settlement offer before you know the full extent of your damages. These offers are almost always for far less than the true value of your claim and require signing away the right to a lawsuit
- Calling on a recorded line to inquire about your well-being and then—despite their compassionate tones—later using your words out of context against you
- Following your social media posts to “catch” you looking fit and well, even if you were smiling bravely through your pain for the camera
- Asking for medical authorization to examine your injury report and then coming through your entire medical history to determine that your pain is caused by a previous injury or pre-existing condition
- Needlessly delaying the progress of the claim with redundant paperwork, changes of insurance adjusters on the case, or failing to return calls or emails
- Denying aspects of the claim, such as stating that your doctor’s recommended treatment isn’t necessary for your injury
In comparative negligence insurance states like Texas, the insurance company may also attempt to assign you an undue percentage of fault for your injury. They can reduce the amount of compensation paid to you by your percentage of fault or deny your claim completely if they determine you were more than 51% at fault.
For instance, if your injury occurred through a slip-and-fall accident due to the wet entryway in a convenience store, the store’s commercial liability insurance company could claim that you contributed to the injury by wearing sandals on a rainy day. If your claim adds up to $100,000 but they find you 30% at fault, they can reduce your compensation to $70,000. Experienced representation protects you against these tactics whenever possible.
When insurance companies use bad faith practices, it’s sometimes possible to file a lawsuit and obtain further compensation due to insurance company bad faith tactics.
Do I Have to Go to Court for a Personal Injury Claim In San Antonio?
An estimated 95% of personal injury cases are resolved through a settlement, particularly when the injury victim hires experienced legal counsel to navigate their claim. However, if the insurance company fails to offer an acceptable settlement, you and your attorney can choose to pursue further action in court as long as the petition is filed within the state’s statute of limitations.
If you have to appear in court, your attorney from Wawi Tijerina Law will ensure that you know what to expect and are fully prepared.
Court litigation for a personal injury claim takes longer than a settlement but often results favorably with a higher court award for damages than you could obtain in a settlement. Juries are commonly sympathetic to injury victims rather than to the powerful insurance companies with profits as their bottom line.
What Is the Statute of Limitations for Personal Injury Claims In Texas?
Like all states, Texas places a time limit on the amount of time an injury victim can take a case to court. The statute of limitations for Texas personal injury cases is two years. This helps to ensure that evidence remains available and eyewitness testimony is still reliable should a case go to court. It also protects defendants against living under the long-term threat of lawsuits.
Except under specific exceptions, a court will toss out a case if it’s past its statute of limitations. Insurance companies know this and sometimes delay progress on claims for this reason. The insurance company will drop a claim that’s past the statute of limitations because they know you cannot take them to court.
What Are the Exceptions to the Texas Statute of Limitations for Personal Injury Claims?
The courts may extend (toll) the statute of limitations for personal injury cases only under specific circumstances including the following:
- When an injury occurs to a minor, they have up to two years after their 18th birthday to file a claim
- If the injury victim is unconscious or incapacitated for a significant time after sustaining an injury, the time limit begins on the date they regain cognitive ability
- When an injury victim discovers an injury later—like a nagging backache diagnosed as a burst disc fracture three months after the accident—the time clock begins ticking on the date of the discovery, or when the injury victim should reasonably have discovered the injury
It’s important to know how the Texas statute of limitations impacts the action in your case by speaking to your attorney about critical timelines.
You Deserve Equitable Compensation
If you have been injured in an accident and want to learn more about your legal rights, Wawi Tijerina Law is ready to help. Schedule your free consultation by calling or texting us at (956) 489-1300 or messaging us privately online. We do not get paid unless you win.