If you were hurt in a crash, a fall or a workplace accident in San Antonio, the insurance company may already be investigating your claim. Barton & Associates represents injured people and their families across Bexar County, from the IH-35 and Loop 410 interchange to the Culebra Road corridor. Whether you need an auto accident attorney in San Antonio or help with another kind of injury claim, we review the evidence, explain your options and tell you what to expect before you decide. Call 210-500-0000 at any hour. Your first consultation is free.
Gary J Barton & AssociatesAttorneys at Law
A serious injury does more than hurt. It stops work, brings medical bills before the claim is settled and can change how a family lives. Barton & Associates represents injured people in the Bexar County civil courts and, when a claim calls for it, in the federal Western District of Texas. Our San Antonio catastrophic injury lawyer page covers life-changing harm, including traumatic brain injury cases and spinal cord injury cases. We start each file by collecting what proves the claim: the crash or incident report, medical records, photographs, video and the names of witnesses. A claim built on documents is harder for an insurer to discount.
The firm’s trial attorneys include Gary J. Barton, who founded the firm after serving as a Bexar County prosecutor and has tried more than 100 cases to a jury, and Jim Erickson, a senior trial attorney who has tried more than 250 cases to a jury verdict. Jury experience matters in an injury case because an insurer weighs a claim partly by whether the lawyer across the table is ready to try it. Our other attorneys and staff are on the legal team page.
Our negligence lawyer in San Antonio page covers other duty-of-care injuries, such as dog bites and school or daycare incidents. As a San Antonio law firm that also handles criminal defense and family law, we can coordinate when an accident leads to a criminal charge or affects a divorce or custody case.
An insurance company and an injured person want different things from a claim, and our job is to see that the claim is valued on the evidence and not on how fast the carrier wants to close the file. We tell you what we see, including the weak points, and the decision to settle or to try the case is always yours.
That standard covers every claim we take. Our San Antonio medical malpractice lawyers page explains hospital and physician claims, and our nursing home abuse lawyer in San Antonio page covers abuse and neglect in long-term care.
What Bexar County Personal Injury Cases Actually Involve
Get medical care first, even if you feel only sore, because some injuries, including concussions, can take a day or two to show. Then protect the evidence: photograph the scene, your injuries and the vehicles or the hazard before they change, and write down the names of witnesses. Security video is often overwritten within days, so call us early. Our complete guide to injury claims walks through the process from the first call to settlement.
After a crash, the investigating officer files a Texas Peace Officer’s Crash Report, and you can buy a copy through TxDOT’s online crash report system. We read it alongside the medical records, photographs and any video, and we look for gaps: a witness the officer did not interview, a camera nobody asked about or an event data recorder that may hold speed and braking data.
An adjuster’s job is to evaluate and limit what the company pays. The adjuster may ask for a recorded statement, request a medical authorization that reaches years of records or offer a quick settlement before you know your prognosis. Speaking with an attorney before you give a statement, sign a release or accept an offer can protect your claim, because a signed release usually ends it.
Texas law allows recovery of economic damages, such as medical expenses, lost wages and lost earning capacity, and noneconomic damages, such as physical pain, mental anguish and impairment. Value depends on how severe and lasting the injury is, what the records show, how clearly the other party is at fault and how much insurance is available. Our personal injury settlement estimator gives a rough starting point, but only a review of your records can show what a claim may be worth.
Most Texas injury suits must be filed within two years under Civil Practice and Remedies Code Section 16.003, and a claim against a city, county or other governmental unit can require written notice much sooner. A missed deadline can end a claim no matter how strong the facts are. The FAQ below explains the main deadlines, and we calendar them when we open a file.
A settlement negotiation carries more weight when the other side knows the case has been prepared for a jury. We build each file with trial in mind, and we recommend settlement only when the number reflects the records, the injury and the risk of a verdict. Settling before you reach maximum medical improvement, the point at which your doctors can project your future care, often means accepting less than the claim is worth. Past cases on our case results page each turned on their own facts, and none of them predicts the outcome of yours.
An injury claim has many moving parts at once: medical records to collect, evidence to preserve, bills to track and an insurer to answer. Attorneys, paralegals and legal assistants work on those pieces in parallel, so a request for video, a records request or a call from an adjuster does not wait on one person’s calendar.
Texas lawyers are licensed by the State Bar of Texas, and board certification is awarded separately by the Texas Board of Legal Specialization in specific fields. Both can be checked in the State Bar’s public directory. Ask any lawyer you interview which attorney will handle your claim and what trial experience that lawyer has. We will answer both questions plainly, and we will tell you if another lawyer is a better fit.
Preparing for trial means doing the work early: gathering records, consulting experts where needed, taking depositions and testing the other side’s account. We start that work at intake, not after a suit is filed, and we prepare each injury file as one that may be tried even when we expect to negotiate.
Some claims turn on medical causation, on how a collision happened or on the cost of lifetime care. Where the facts call for it, we consult physicians, accident reconstructionists and economists or life-care planners. We bring them in for the questions a specific case raises, not on every file.
Some injuries fall under federal law instead of ordinary Texas negligence law. A worker who qualifies as a seaman, such as a crew member on a vessel or an offshore rig, may sue an employer for negligence under the Jones Act, 46 U.S.C. Section 30104, and general maritime law separately provides maintenance and cure, daily living expenses and medical care, whatever the fault. Maritime injury suits generally must be filed within three years under 46 U.S.C. Section 30106. Our Jones Act and maritime injury claims page covers offshore and port injuries, including accidents during crane or personnel basket transfers, and our mass tort lawyers in San Antonio page covers rail, maritime and aviation claims.
An injury involving a city bus, a police vehicle or a poorly maintained public building follows special rules. The Texas Tort Claims Act waives immunity only in limited situations, caps damages and requires notice of the claim on a deadline that can be as short as 90 days. The FAQ below explains how the notice rule works for the City of San Antonio.
Clients have posted hundreds of Google reviews of the firm, and each one is tied to a Google account. You can also read Gary J. Barton’s Avvo profile and the firm’s Martindale-Hubbell firm profile. A rating you can check is worth more than one we simply claim.
Professional recognition belongs to individual lawyers, not to a firm. Gary J. Barton has been named a Super Lawyer and recognized by Best Lawyers in America, and he holds the AV Preeminent peer rating from Martindale-Hubbell, shown on his Martindale-Hubbell attorney profile. These honors come from peer review, and they say nothing about the outcome of any particular claim.
Accidents do not keep office hours, and neither do questions about what to do next. You can call 210-500-0000 at any hour, and the free consultation covers what happened, what is likely to happen next and what we recommend. If a family member is calling for someone in the hospital, we can start with what they know and fill in the rest later.
You work with the attorney handling your claim, and you hear from us when an offer, a deadline or a medical question changes the picture. We explain each step before it happens, including what a deposition or a mediation involves and what we need from you.
The first consultation is free, confidential and carries no obligation to hire us. We listen to what happened, review the paperwork you have and explain what we see, what we would do first and what we would need from you. You should leave knowing your next step, even if you decide to go another way.
A strong claim depends on a client who follows medical advice, keeps appointments and keeps the facts straight. Tell us everything, including the parts of the story that look bad for you, and avoid posting about the accident or your recovery online. Photos, messages and posts can be used by an insurer to argue that your injuries are less serious than they are.
Our main office is at 115 Camaron Street in downtown San Antonio. We represent people from across Bexar County, and you can meet with an attorney in person or by phone.
Primary Practice Areas
Each card above opens a practice area page. Our San Antonio product liability lawyer page covers defective products, our toxic exposure lawyer in San Antonio page covers asbestos and chemical exposure, our San Antonio wrongful termination lawyer page covers unlawful firings and retaliation, and our San Antonio civil rights lawyers page covers police misconduct, defamation and assault and battery claims. The Texas personal injury law guide explains the fault rules and deadlines that apply across these claims.
Representing Injured Bexar County Clients Since 2001
Commercial truck crashes involve federal rules that ordinary car cases do not. The Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 390 through 399, cover driver qualification, hours of service, vehicle maintenance and cargo securement, and a documented violation can be strong evidence of negligence. Carriers must generally keep records of duty status and supporting documents for at least six months, which is why a preservation letter should go out quickly. Our San Antonio 18-wheeler accident attorney page and our trucking accident claim guide explain how these cases are investigated. A claim can reach the driver, the carrier and, depending on the facts, a maintenance or cargo company.
Not every serious crash on IH-35, IH-10 or Loop 1604 involves a truck. We also handle pedestrian and bicycle accidents, where the injured person has no vehicle to absorb the impact.
Workers’ compensation is the starting point for many on-the-job injuries, but it is not always the whole claim. Texas lets most private employers decide whether to carry it. If an employer does, the benefits are generally the employee’s exclusive remedy against that employer under Labor Code Section 408.001, but a negligent third party, such as a subcontractor, a property owner, an equipment maker or a driver in another company’s vehicle, can still be sued. If an employer does not carry coverage, Section 406.033 allows an injury suit against the employer and removes defenses such as contributory negligence and assumption of risk.
Our San Antonio construction accident lawyer page covers jobsite, industrial and other workplace accident claims. A crash in a company vehicle, or while driving for work, often involves two tracks, a compensation claim and a claim against the other driver, and we look at both.
A property owner or occupier owes certain visitors a duty to keep the property reasonably safe, but proving a premises claim takes more than showing that a hazard existed. The claim generally turns on whether the owner knew, or reasonably should have known, about the dangerous condition and failed to fix it or warn visitors. We look for prior incident reports, maintenance and inspection logs, surveillance video showing how long a hazard was there and employee testimony about what staff knew.
Falls at stores, hotels, restaurants, event venues and River Walk businesses are covered on our San Antonio slip and fall lawyer page, and our page on slip, trip and fall injuries explains how those cases are built. When an assault or robbery happens because of broken locks, missing lighting or no security, the claim may be one for negligent security claims.
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Contact Barton & Associates today for a free, confidential consultation about your injury claim. Complete this form to schedule a free consultation, or call us at 210-500-0000 to check attorney availability for an immediate phone consultation.
We are selective about the cases we accept because we treat our clients like family, with respect, dignity and unwavering commitment. In return, we expect the same courtesy. We do not tolerate rudeness toward our staff, and we will withdraw representation from any client who exhibits inappropriate behavior, dishonesty or attempts to mislead our team.
FAQ Personal Injury San Antonio
Look for a San Antonio personal injury lawyer who will give you an honest assessment instead of a promise, who prepares claims for trial and who can tell you who will handle your file. Ask about trial experience and how quickly calls are returned, and confirm any Texas lawyer’s license and discipline record through the State Bar of Texas. At our free consultation we listen to what happened, review the records you have, explain your options and tell you what we would do first. Bring the crash report, photographs, medical paperwork and any letters from an insurer, and you can schedule a free consultation by phone or online.
Call 911 and get medical attention, even if you feel only sore, because whiplash, concussion and soft-tissue symptoms often get worse over the next day or two, and a gap before your first visit becomes an argument for the insurer. If you can, photograph the vehicles, the road, the signals and your injuries before anything moves, and collect names and numbers from witnesses along with the other driver’s insurance information. The investigating officer files a crash report, and you can ask for a copy. Do not post about the crash, and speak with an attorney before you give a recorded statement to any insurance company, including your own.
Civil Practice and Remedies Code Section 16.003 generally gives two years from the date of the injury, and in a death case the two years run from the date of death. Some situations carry different or shorter limits. A claim against a city, county or other governmental unit can require written notice within months, a maritime injury suit generally has a three-year limit, and health care liability claims have their own notice and expert report requirements under Chapter 74. Evidence can disappear long before any deadline, so it is better to call early. Our Texas personal injury statute of limitations guide explains the rule and its exceptions.
Texas uses a proportionate responsibility rule. Under Chapter 33 of the Civil Practice and Remedies Code, a claimant may not recover damages if the claimant’s percentage of responsibility is greater than 50 percent (Section 33.001), and a lower percentage reduces the recovery by that share (Section 33.012). Fault is often disputed in car wreck claims involving intersections, rear-end collisions and parking lots, and adjusters raise it early to reduce an offer. That is one reason to avoid a recorded statement before you speak with an attorney. We gather video, the crash report and witness accounts to test any fault percentage the insurer proposes.
Economic damages cover measurable losses such as medical bills, lost wages and lost earning capacity, and noneconomic damages cover pain, mental anguish, impairment and disfigurement. Texas calls punitive damages exemplary damages. Under Civil Practice and Remedies Code Section 41.003 they require clear and convincing proof of fraud, malice or gross negligence and a unanimous jury, and Section 41.008 generally caps them at the greater of $200,000 or two times economic damages plus noneconomic damages up to $750,000. The cap does not apply to some felony conduct, including intoxication assault and intoxication manslaughter, which is one reason a drunk driving accident claim can be treated differently. Medical malpractice claims have separate limits on noneconomic damages.
It depends on the severity of the injury, how much the fault is disputed and whether the case settles. A straightforward claim with clear liability and a limited injury can resolve in a matter of months. Claims involving catastrophic injury, disputed fault, several defendants or a coverage dispute often take much longer, and a suit that goes to trial adds time. One major factor is maximum medical improvement, the point at which your doctors can reliably project future care. Settling before then often means accepting less than the claim is worth, because future medical costs are frequently the largest part of the damages. We prepare each case for trial and discuss settlement when the number reflects the records.
Depending on the facts, responsibility can reach the driver, the carrier that employs or contracts with the driver, the owner of the truck or trailer, a company that loaded the cargo, a maintenance contractor or a parts maker. The evidence includes electronic logging data, the truck’s engine control module, dashcam video, the driver’s qualification file, inspection and maintenance records and the load paperwork. Federal rules in 49 C.F.R. Parts 390 through 399 require carriers to keep some of these records for a limited time, at least six months for records of duty status, so we send preservation letters right away. A violation of a safety rule is not automatically liability, but it can be strong evidence that negligence caused the crash.
It depends on whether your employer carries workers’ compensation insurance, which Labor Code Section 406.002 makes elective for most private employers. If the employer does, comp benefits are generally your exclusive remedy against the employer under Section 408.001, with an exception for a death caused by the employer’s intentional act or gross negligence, where a surviving spouse or heirs of the body may seek exemplary damages. If the employer does not carry coverage, Section 406.033 allows a negligence suit and removes defenses such as contributory negligence and assumption of risk. Either way, a claim against a negligent third party may remain, as it often does in oilfield accident claims where several companies share a site. Tell your employer about the injury within 30 days (Section 409.001) and file a compensation claim within one year (Section 409.003).
Texas premises liability law generally requires proof that the owner or occupier knew, or reasonably should have known, about the dangerous condition and failed to fix it or warn you. That knowledge element is usually the most contested part of the case. We look for prior incident reports, complaints to management, maintenance and cleaning logs, surveillance video showing how long the hazard was there and employee testimony about what staff knew. A big-box store on Loop 1604 or a restaurant on the River Walk may keep records of this kind, and a prompt request to preserve them matters because video is routinely overwritten. Our page on premises liability claims explains the standard in more detail.
Under Insurance Code Section 1952.101, an auto liability policy sold in Texas must include uninsured and underinsured motorist coverage unless a named insured rejects it in writing. If you carry it, underinsured coverage pays the damages you are legally entitled to recover from the other driver, up to your policy limit and reduced by what you recover from that driver’s insurer (Section 1952.106). If you rejected the coverage, you can still sue the at-fault driver, but collecting from someone with no insurance and few assets is often difficult. Your own insurer is on the other side of a UM/UIM claim, so the same cautions about recorded statements and early offers apply. Check your declarations page and tell us what it says.
A claim against a governmental unit follows special rules. The Texas Tort Claims Act waives immunity only in limited situations, including injuries from the operation of a motor-driven vehicle or equipment and from the condition or use of property, and it limits damages. For the state or a city the limit for bodily injury is $250,000 per person and $500,000 per occurrence, and for other local units, such as counties, $100,000 and $300,000 (Section 101.023). The notice deadline is the main trap. Section 101.101 requires notice within six months unless a city charter sets a different period, and the City of San Antonio’s notice of claim page cites City Charter Section 150 and a 90-day window. It also says claims involving CPS Energy, SAWS or VIA go to those entities. Our government claims lawyer in San Antonio page explains the process, so contact us as soon as you can.
Under Civil Practice and Remedies Code Section 71.004, a wrongful death action is for the benefit of the deceased person’s surviving spouse, children and parents, and any of them may bring it, or one or more may sue for all. If none of them files within three calendar months of the death, the executor or administrator must bring the claim unless all of them ask the representative not to. The suit must generally be filed within two years of the death (Section 16.003). A separate survival claim under Section 71.021 lets the estate pursue the claim the injured person held at the time of death. Our San Antonio wrongful death attorney page explains how these claims are built, and we handle the first conversation with care because the family is dealing with a loss.
When a hospital, health plan, Medicare or Medicaid pays for injury-related care, it may have a right to be repaid from your recovery. Under Chapter 55 of the Property Code, a hospital that provides services for injuries from an accident attributed to another person’s negligence has a lien on the claim if the patient was admitted not later than 72 hours after the accident. A private health plan may seek reimbursement under its terms, and a self-funded plan governed by federal ERISA law can have broader rights than an insured plan. Medicare and Medicaid have their own reimbursement rules. A settlement figure means little until the liens are known, so we ask for itemized amounts, check that they relate to the accident and work with each lienholder on what is owed before funds are distributed.
We handle injuries from car, truck, motorcycle and pedestrian crashes, falls and other premises hazards, workplace and construction accidents, defective products, medical and nursing home neglect, toxic exposure and wrongful death, along with claims involving police misconduct, defamation or wrongful termination. Some matters do not fit a category cleanly, such as an injury that involves both a government vehicle and an employer, or a crash that also leads to a criminal charge. In that case we look at every claim the facts support. If your matter falls outside what we handle, we will tell you at the start so that you can find the right lawyer without losing time.
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