Types of Personal Injury Cases We Handle in San Marcos
Our San Marcos personal injury lawyers handle a wide range of cases, giving each client the dedicated representation they deserve. We regularly represent injured people in matters including:
If your situation is not listed here, contact our team so we can review the details and explain your options.
Meet San Marcos Personal Injury Attorney Robert Alden
Robert Alden is a partner at Byrd Davis Alden & Henrichson, LLP and is Board Certified in both Personal Injury Trial Law and Civil Trial Law by the Texas Board of Legal Specialization. He earned his undergraduate degree with honors from the University of Texas and his Doctor of Jurisprudence from the University of Texas School of Law, where he graduated with high honors, served on the Texas Law Review Editorial Board, and was named a Chancellor. He has tried cases for more than 35 years, representing injured clients throughout San Marcos, Hays County, and the greater Austin area.
Robert has been invited into four prestigious trial organizations, including the American College of Trial Lawyers, the American Board of Trial Advocates, the International Academy of Trial Lawyers, and the International Society of Barristers. He has served in leadership roles including Texas State Chair for the American College of Trial Lawyers and president of the Austin Chapter of ABOTA. He is listed in Best Lawyers in America and Texas Super Lawyers. You can read more about his background on his attorney profile.
Why Choose Byrd Davis for Your San Marcos Personal Injury Case
Byrd Davis Alden & Henrichson, LLP has built its reputation since 1959 on integrity, careful preparation, and a willingness to take strong cases to trial. We do not advertise on television or billboards because we are not a volume practice. We take on clients who have been seriously injured and who need lawyers with serious courtroom experience.
That approach gives our clients an advantage. Because insurers know we are prepared to try a case, they have a reason to offer a fair settlement rather than a low one. When a fair resolution is not offered, we are ready to present your case to a jury. For clients in San Marcos, that means direct access to the same trial-tested representation we’ve provided across Central Texas for more than six decades.
What to Expect During the San Marcos Personal Injury Process
Every case is different, but most personal injury claims follow a similar path. Knowing the steps ahead can make the process feel less overwhelming.
- Seek Medical Attention. Prioritize your health, and create a record of your injuries by getting evaluated promptly, even if symptoms seem minor. San Marcos residents are often treated at Central Texas Medical Center or a nearby Austin or San Antonio-area trauma center.
- Report the Accident. Notify the police or property owner so there is an official record of what happened.
- Gather Evidence. Collect photos, witness contact details, and insurance information at the scene when you are able.
- Avoid Admitting Fault. Be careful with your statements, because they can be used against you later.
- Consult an Attorney. Speak with a personal injury lawyer to review your options before you talk with the insurance company.
Once we take your case, we investigate the facts, work with medical and reconstruction professionals when needed, handle communications with the insurance company, and pursue the full value of your claim through settlement or trial.
Is Texas an At-Fault State for Personal Injury Claims?
Texas is an at-fault state, which means the party responsible for an accident is responsible for the resulting harm. Texas also follows a modified comparative negligence rule. You can still recover compensation if you were partially at fault, as long as you were not more than 50 percent responsible, and your recovery is reduced by your percentage of fault. Because insurers often try to shift blame onto injured people to lower what they pay, having a trial lawyer who can prove liability protects the value of your claim.
Statute of Limitations for San Marcos Personal Injury Cases
The statute of limitations is the deadline to file a lawsuit. In Texas, you generally have two years from the date of your injury to file a personal injury lawsuit, and if the case involves a wrongful death, the deadline is two years from the date of death. Missing this deadline usually means losing the right to recover compensation, so it is important to act promptly. You can review the deadline in the Texas Civil Practice and Remedies Code, Section 16.003.
A few exceptions may change the timeline. Under the discovery rule, the clock can start when an injury is discovered, or reasonably should have been discovered, rather than when it occurred. The deadline may also be tolled if the injured person was a minor or was not mentally competent when the injury happened. Given how many San Marcos claims involve out-of-town Texas State students or river visitors, confirming your specific deadline early is especially important. Contact a San Marcos personal injury lawyer as soon as possible so we can confirm the deadline that applies to your case.
What Damages Are Available After a San Marcos Accident?
In a personal injury case, you may be able to recover several types of compensation depending on your circumstances:
- Medical Expenses for past, current, and future treatment related to your injury.
- Lost Wages for income lost because you could not work, including reduced earning capacity.
- Pain and Suffering for the physical pain and emotional effects of the accident.
- Property Damage for repair or replacement of your vehicle or other property.
- Loss of Consortium for the effect of the injury on your closest family relationships.
- Punitive Damages in cases involving extreme or reckless misconduct.
Our attorneys work to calculate and pursue the full amount of damages available in your case.
Our Personal Injury Case Results
Bus Accident Involving a Three-Year-Old Boy
A young child suffered a serious brain injury when a Capital Metro bus collided with an SUV in Northwest Austin. Using accident reconstruction, our team proved the bus driver was speeding, and the jury apportioned liability between both drivers, leading to favorable settlements for our client.
University Student Fire Victim
A student in off-campus housing was severely burned in a fatal fire caused by failed safety features. After an eight-day trial, the jury reached a verdict in favor of the victim, and the case was resolved with a confidential settlement.
Rear-End Car Collision
A driver rear-ended by a pickup truck underwent extensive treatment and therapy. Byrd Davis Alden & Henrichson, LLP secured a verdict and award covering medical costs, lost earnings, and pain and suffering.
These results reflect the same trial-tested approach we bring to clients across Central Texas, including here in San Marcos and throughout Hays County. You can review more outcomes on our case results page and read what clients have said about working with us on our testimonials page.
Personal Injury FAQs
How Long Will It Take to Resolve My Personal Injury Claim?
The timeline varies from case to case. Claims that resolve through negotiation with the insurer can wrap up in a few months, while more serious or disputed cases can take a year or longer, especially if litigation becomes necessary. Your attorney can give you a realistic estimate once the details of your case are clear.
What Type of Compensation Can I Receive?
Every case is different, and the compensation available depends on factors like the severity of your injuries, how they’ve affected your ability to work, and the conduct of the party at fault. Common categories include medical costs, lost income, and pain and suffering, and your attorney can help you understand what’s realistically recoverable.
What Does It Cost to Hire a San Marcos Personal Injury Lawyer?
We handle personal injury cases on a contingency fee basis, which means you do not pay attorney fees unless we recover compensation for you. This lets you pursue your case without worrying about up-front legal costs.
Can I Still File a Claim if the Accident Was Partly My Fault?
Yes, under Texas’s modified comparative negligence rule you can recover compensation as long as you weren’t more than 50% at fault, though your award is reduced proportionally. This question comes up often in San Marcos cases near the I-35/RM 12 interchange, where fault is sometimes split between multiple drivers.
What Is the Deadline to File a Personal Injury Lawsuit in Texas?
Texas law generally gives you two years from the date of injury to file, or two years from the date of death in a wrongful death case. A handful of narrow exceptions can extend that window, so a San Marcos attorney should confirm the exact deadline that applies to your situation.
Do I Need a Lawyer if the Insurance Company Already Offered a Settlement?
It’s worth having an attorney review any offer before you accept it. Insurers often make early offers that are lower than what a claim is actually worth, and once you sign, you typically can’t go back for more later.
Contact a San Marcos Personal Injury Attorney Today
Byrd Davis Alden & Henrichson, LLP has helped injured Texans pursue full and fair compensation since 1959. With Board Certified trial lawyers, recognition from Chambers, Best Lawyers, and Super Lawyers, and a genuine willingness to try cases, our firm brings both experience and courtroom strength to every client we represent in San Marcos and throughout Hays County.
If you have been injured because of someone else’s negligence, do not face the legal process alone. Schedule a free consultation today by completing our online contact form or calling (512) 454-3751.
