How long do I have to file a personal injury lawsuit in Bexar County, Texas?

For most personal injury claims, Texas gives you two years from the date of the injury to file suit (Tex. Civ. Prac. & Rem. Code §16.003) — a firm deadline with only narrow exceptions, such as the discovery rule (for injuries that could not reasonably have been discovered when they occurred) and tolling for minors, whose clock generally does not start until age 18. This two-year window is shorter than in some states, so acting promptly is important. If your claim is against a government entity — the City of San Antonio, Bexar County, VIA Metropolitan Transit, or a school district — a much shorter notice deadline applies on top of the two-year limitations period. Under the Texas Tort Claims Act (Ch. 101) the default is written notice within six months, but the City of San Antonio's charter shortens that to 90 days from the incident, and other entities have their own notice rules. Missing the notice deadline can bar the claim entirely, regardless of the two-year statute. Because the notice requirements are unforgiving and the facts must be investigated while evidence is fresh, consult an attorney quickly if a government vehicle, a VIA bus, or a dangerous public-property condition was involved.

I was partly at fault for my Bexar County accident. Can I still recover anything?

It depends on your percentage of fault, because Texas uses a modified comparative responsibility system with a "51% bar" (Tex. Civ. Prac. & Rem. Code Ch. 33). If you are found 50% or less responsible for your own injury, you can still recover, but your damages are reduced by your percentage of fault — for example, if you're 20% at fault and your damages are $100,000, you recover $80,000. But if you are found 51% or more responsible, you recover nothing at all. This makes the fault allocation the single most important issue in many Bexar County injury cases, and it's why insurance companies and defense lawyers work hard to shift a large share of blame onto the injured person. It differs sharply from "pure comparative" states, where a plaintiff can recover a reduced amount no matter how much at fault they are. Because the difference between 50% and 51% is the difference between partial recovery and nothing, building the evidence on how the incident happened — police reports, witness statements, scene photos, and sometimes accident-reconstruction experts — is critical, and an experienced attorney focuses heavily on keeping the plaintiff's share of responsibility at or below the line.

I was hurt in a crash with a City of San Antonio or VIA bus vehicle. What's different about that claim?

Claims against governmental entities in Texas are governed by the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Ch. 101), which is much more restrictive than an ordinary injury claim. Sovereign immunity is waived only in limited situations — most relevantly, injuries caused by a government employee's operation or use of a motor vehicle, or by a condition of tangible property — and damages are capped (generally $250,000 per person and $500,000 per occurrence for local government units, lower than a typical private claim's potential). Most importantly, the notice deadlines are short and strictly enforced: the City of San Antonio's charter requires written notice of the claim within 90 days of the incident, VIA Metropolitan Transit and Bexar County have their own notice requirements, and the Act's default is six months — all far shorter than the two-year limitations period. Failing to give proper, timely notice to the correct entity can bar the claim completely, no matter how clear the government's fault. Preserve evidence immediately: request that the entity preserve any dashcam or bus-camera footage in writing, get the incident/report number, and identify exactly which governmental entity owned the vehicle or controlled the property, since suing the wrong entity or missing the notice window is often fatal to these claims.

Who can I sue besides my employer if I was hurt on the job in Bexar County?

Texas is unusual because it does not require most private employers to carry workers' compensation insurance. This makes the analysis different from most states. If your employer is a workers' compensation subscriber, workers' comp is generally your exclusive remedy against the employer, but you may still sue a negligent third party (a subcontractor, a property owner, an equipment manufacturer, or another company whose negligence caused your injury). If your employer is a non-subscriber (a "non-subscriber" that opted out of the workers' comp system), you may be able to sue the employer directly for negligence — and importantly, a non-subscriber employer loses the common-law defenses of contributory negligence, assumption of risk, and the fellow-servant rule, which can make these cases significantly stronger for injured workers. San Antonio's construction, manufacturing (including the Toyota plant and its supplier network on the South Side), and warehouse sectors generate many of these claims. Determining whether your employer subscribes to workers' comp is the threshold question, and it changes the entire strategy, so an attorney experienced in Texas work-injury law should evaluate the case early, along with any third-party claims that carry their own insurance.

What free or low-cost legal help is available for injury victims in Bexar County?

Bexar County has several resources for residents who can't afford a private attorney, reflecting San Antonio's large working-class and immigrant population. Texas RioGrande Legal Aid (TRLA) provides free civil legal help to income-qualifying residents across South and West Texas, including San Antonio, and the San Antonio Legal Services Association (SALSA) coordinates volunteer attorneys and legal clinics. St. Mary's University School of Law operates civil legal clinics that assist community members. The San Antonio Bar Association's LawReferral Service (210-227-1853) connects residents with screened attorneys, including personal injury lawyers who typically offer free initial consultations and work on a contingency fee — meaning no upfront cost and a fee taken only as a percentage of any recovery. For medical bills while a claim is pending, University Health (the county hospital district that runs University Hospital) has financial-assistance and sliding-scale programs, and any settlement may be subject to hospital or Medicaid liens under Texas law. Because Texas's two-year statute of limitations and the short government-claim notice deadlines move quickly, reaching out early — even just for a free consultation — helps preserve your options.

Personal Injury in Bexar County, Texas

Bexar County, Texas Personal Injury: what the reader usually needs first, injury proof, and treatment records

Practical personal injury help for Bexar County, Texas with a tighter focus on injury proof, damage documentation, local offices, and the sequence that protects leverage.

Reviewed January 2026 3 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Texas uses modified comparative fault with a 51% bar (Civ. Prac. & Rem. Code Ch. 33): more than 50% at fault means no recovery at all
Personal injury statute of limitations is 2 years from the injury (§16.003) — shorter than many states, with narrow exceptions
Government claims fall under the Texas Tort Claims Act (Ch. 101): the City of San Antonio requires written notice within 90 days; damages are capped
Texas doesn’t require most employers to carry workers’ comp — non-subscriber employers can be sued directly and lose key defenses
University Hospital (University Health, Level I trauma) and Brooke Army Medical Center anchor regional trauma care and injury documentation
Texas RioGrande Legal Aid, SALSA, and the San Antonio Bar LawReferral Service (210-227-1853) offer free/low-cost help; PI attorneys work on contingency

Personal injury cases in Bexar County are filed in the district courts at the Bexar County Courthouse (100 Dolorosa St., San Antonio TX 78205) and the associated civil court facilities, with the Bexar County District Clerk (100 Dolorosa, Suite 104; 210-335-2113) handling filings. Texas law differs fundamentally from many other states on the core question of fault: Texas uses modified comparative responsibility under Chapter 33 of the Civil Practice and Remedies Code, and its "51% bar rule" means an injured plaintiff who is found more than 50% responsible for their own injury recovers nothing at all. A plaintiff who is 50% or less at fault recovers, but their damages are reduced by their percentage of responsibility. This makes the fault allocation the decisive issue in many Bexar County injury cases, and it is a sharper rule than the pure comparative systems used in some states.

The statute of limitations for most personal injury claims in Texas is two years from the date of the injury (Tex. Civ. Prac. & Rem. Code §16.003) — generally shorter and less forgiving than in some states, with narrow exceptions such as the discovery rule for injuries that could not reasonably have been discovered right away, and tolling for minors. Because two years passes quickly and evidence degrades, prompt investigation matters. San Antonio's economy shapes the injury landscape: it is a major military city (Joint Base San Antonio, spanning Fort Sam Houston, Lackland, and Randolph), a healthcare and bioscience hub anchored by the South Texas Medical Center, a tourism center (the Alamo and River Walk), and home to manufacturing (the Toyota truck plant on the South Side), logistics, and the USAA insurance and financial operation.

Claims against government entities follow the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Ch. 101), which waives the state's and local governments' sovereign immunity only in limited circumstances — primarily injuries arising from the use of a motor vehicle or from a condition or use of tangible or real property — and caps damages (generally $250,000 per person and $500,000 per occurrence against local government units). Critically, notice deadlines are short: the City of San Antonio's charter requires written notice of a claim within 90 days of the incident, and VIA Metropolitan Transit and Bexar County have their own notice requirements, all shorter than the Act's default six-month notice period. Missing the applicable notice deadline can bar the claim entirely, so a crash involving a city vehicle, a VIA bus, or a dangerous condition on public property demands immediate attention.

Trauma care and damages documentation run through University Hospital (4502 Medical Dr., San Antonio TX 78229; 210-743-3000), the Level I trauma center operated by University Health, the Bexar County public hospital district, and Brooke Army Medical Center (BAMC) at Fort Sam Houston, the Department of Defense's only Level I trauma center, which also serves civilian trauma patients in the region. Because University Health is a governmental hospital district, injury claims involving care there can implicate the Tort Claims Act's rules and deadlines, while BAMC involves federal considerations. These hospitals' billing and treatment records become central evidence in the eventual civil claim.

Wrongful death and survival claims are governed by Chapters 71 and 16 of the Civil Practice and Remedies Code, with standing limited to a surviving spouse, children, and parents for wrongful death. Bexar County is majority Hispanic (roughly 60% of residents), with deep Mexican-American roots and a large immigrant population, so language access matters in navigating claims. Texas RioGrande Legal Aid (TRLA) and the San Antonio Legal Services Association provide civil legal help for income-qualifying residents, and the San Antonio Bar Association's LawReferral Service (210-227-1853) connects residents with screened personal injury attorneys, most of whom work on a contingency fee.

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