A plain-English resource for people navigating a personal injury claim in San Antonio and across South Texas. This glossary is here so you never feel out of the loop on what the adjuster, the doctor, or your own lawyer is talking about.
Compiled by the trial team at Trevino Injury Law, drawing on 80+ jury trials and over 20 years of personal injury and 18-wheeler litigation in South Texas.
A
Accident Reconstruction
Expert analysis that recreates how a crash happened using physical evidence. Reconstructionists examine skid marks, crush damage, road conditions, and ECM data to determine speed, point of impact, and fault.
Why this mattersOn a high-speed 18-wheeler crash near the San Antonio International Airport or out on I-10 east toward Seguin, reconstruction is often the difference between a low five-figure offer and a seven-figure recovery. The insurance company hires their reconstructionist on day one. We hire ours faster, and we hire the best in Texas. The truck’s data tells a story. We make sure the right story gets told.
Adjuster
The insurance company employee who investigates, evaluates, and negotiates your claim. They work for the insurance company. Not for you.
Why this mattersAdjusters working Bexar County claims are trained to minimize what the insurance company pays. The friendly tone is a tactic. Their software tracks which lawyers actually go to trial and which ones fold, then sets the initial offer accordingly. When they see a Trevino Injury Law file, the offer comes in higher. When they see a settlement mill, they lowball.
Affirmative Defense
A legal defense that, even if your version of the facts is true, blocks or reduces your claim. Common examples in Texas personal injury cases include comparative fault, statute of limitations, and assumption of risk.
Why this mattersDefense lawyers in South Texas courtrooms almost always plead every conceivable affirmative defense in their answer. Most never make it to trial. But each one is a tool they can use to try to reduce your recovery. We anticipate them, prepare for them, and dismantle them through discovery before they ever reach a jury.
Aggravation of a Pre-Existing Condition
The worsening of a prior medical condition caused by a new injury. If you had a bad back before the crash and the crash made it worse, the worsening is compensable.
Why this mattersInsurance companies love to blame your prior conditions for current pain. They will dig through twenty years of medical records to find anything they can point to. Texas law is clear: defendants take their victims as they find them. Prior conditions do not erase the new injury, and we do not let insurers pretend they do.
Annular Tear
A tear in the outer ring of a spinal disc. Often a precursor to disc herniation. Typically visible on MRI.
Answer
The defendant’s formal written response to a lawsuit. This is where they admit allegations, deny them, and assert their defenses.
Why this mattersThe first answer filed in a Bexar County civil case tells us everything about how the defendant intends to fight. We read every line, identify every defense they plead, and start dismantling them in discovery before they can build them into a trial strategy.
Appeal
Asking a higher court to review and overturn a trial court’s decision. Defendants often appeal large verdicts to delay payment or push for reduction. Appeals can add one to two years to case resolution.
Why this mattersWhen a San Antonio jury returns a verdict the insurance company does not like, they almost always file an appeal. Sometimes it is legitimate. Often it is leverage to negotiate a reduced payment. We have defended our verdicts on appeal and forced insurers to pay interest during the delay.
Arbitration
A private out-of-court process where a neutral arbitrator decides the case. Sometimes binding, sometimes not. Less common in personal injury than in employment or contract disputes.
Why this mattersIf you signed an arbitration agreement when you started a job or rented a vehicle, the defense may try to force your injury case out of the Bexar County Courthouse and into private arbitration. We fight these agreements when they apply and navigate them when they cannot be avoided.
Attorney-Client Privilege
The legal protection that keeps your communications with your lawyer confidential. What you tell your lawyer stays between you and your lawyer.
Why this mattersBe completely honest with us about everything. Prior injuries, prior claims, mistakes you may have made at the scene, things you said to the adjuster. Surprises hurt cases. When we know about it up front, we prepare for it. When we find out from opposing counsel at deposition in Bexar County, we cannot.
Attractive Nuisance
A legal rule making property owners liable for child injuries from inherently appealing dangers like swimming pools, trampolines, and abandoned equipment. Even if a child trespasses, the owner may be liable for injuries from things that attract children.
Why this mattersIn a hot San Antonio summer, unsecured pools in neighborhoods like Alamo Ranch, Stone Oak, and Helotes become attractive nuisances for children. Property owners who fail to fence, gate, or otherwise secure their pools can be liable when a child is injured or drowns.
B
Bad Faith
When an insurance company unreasonably denies, delays, or underpays a valid claim. Bad faith claims under Texas law can recover damages beyond the original claim, plus attorney’s fees and statutory interest.
Why this mattersTexas Insurance Code Chapters 541 and 542 punish insurers who play games with valid claims. Companies like Fred Loya and Allstate have been hit with bad faith exposure when they delayed payment on Bexar County claims without legitimate reason. The 18% statutory interest penalty alone changes their calculation. When we send a properly documented demand and they ignore it, the bad faith exposure becomes the leverage that gets your case paid. Learn more about how we fight insurers that act in bad faith.
Balance Billing
When a medical provider bills you for the difference between what they charged and what insurance paid. Sometimes illegal, sometimes negotiable, almost always confusing.
Why this mattersAfter ER treatment at University Hospital or Methodist Hospital following a serious crash, balance bills can arrive months later for thousands of dollars. Many are negotiable. Some violate Texas or federal law outright. We review every bill before settlement disbursement and challenge the ones that should not exist.
Barratry
The illegal solicitation of legal cases. In Texas, it is a crime for lawyers or their agents to chase victims at hospitals, accident scenes, or police stations.
Why this mattersIf someone shows up at Brooke Army Medical Center, University Hospital, or Methodist Hospital after your crash and starts pushing you to sign with a specific firm, that is barratry. It is illegal in Texas and it is a sign of an unethical firm. Ethical trial lawyers in San Antonio do not chase clients. They earn them.
BASIC Scores
FMCSA’s seven Behavior Analysis and Safety Improvement Categories. Public safety scores covering unsafe driving, hours of service compliance, vehicle maintenance, controlled substances, hazardous materials, driver fitness, and crash indicator.
Why this mattersBefore we sue a trucking carrier that crashed on I-35 north of San Antonio or out on US-90 toward Castroville, we pull their BASIC scores. A carrier with red flags in driver fitness or hours of service has been telling the public it had a problem long before the crash. That history becomes evidence.
Bench Trial
A trial decided by the judge instead of a jury. Rare in Texas personal injury cases because plaintiffs almost always prefer a jury of their peers from Bexar County.
Billed vs. Paid
The difference between what a medical provider charged and what they actually accepted as payment. Billed amounts are often inflated three to ten times over what providers actually accept from insurance.
Why this mattersUnder Texas Civil Practice and Remedies Code Section 41.0105, you can only recover medical damages that were actually paid or required to be paid. The hospital may have billed $100,000 and accepted $30,000 from your health insurance. In a Bexar County courtroom, only $30,000 is recoverable. This rule alone has cost Texas injury victims billions. We know how to navigate it.
Bill of Lading
The shipping document that lists cargo, origin, destination, and parties involved in a freight shipment. Identifies the carrier, the broker, the shipper, and the consignee.
Why this mattersIn a serious 18-wheeler crash on I-10 or I-35 running through San Antonio, the bill of lading reveals who else might be liable beyond the driver. Brokers and shippers can share responsibility when they pushed an unsafe carrier or imposed unrealistic delivery deadlines.
Bill Reduction
Negotiating medical bills down before settlement disbursement. Different from lien negotiation but with the same goal: more money in your pocket.
Why this mattersEven after a successful settlement, the work is not over. Negotiating medical bill reductions with San Antonio providers can put thousands of additional dollars in your hands at disbursement. Many clients never know it happens. It happens.
Black Box Data
Common shorthand for the data stored in a truck’s Electronic Control Module (ECM) or a passenger vehicle’s Event Data Recorder. Records speed, brake application, throttle position, and other operating data in the moments before a crash.
Why this mattersBlack box data is the most objective witness in any serious crash on Loop 410, Loop 1604, or any other major San Antonio corridor. The data does not forget. The data does not get confused. The data gets overwritten if no one demands preservation. We send the spoliation letter within days, not weeks.
Board Certified
An attorney certified by the Texas Board of Legal Specialization in a specific area of law. Less than 1% of Texas attorneys hold board certification in personal injury. A real credential, not marketing.
Why this mattersMany billboard firms in San Antonio market heavily but do not hold real specialty credentials. Board certification requires years of qualifying experience, a rigorous exam, and ongoing education. When you are vetting a lawyer for a serious case, credentials matter more than marketing budget.
Bobtail
A tractor (truck cab) driven without a trailer attached. Insurance coverage and liability rules differ when a truck is bobtailing versus pulling a load.
Why this mattersCoverage gaps in bobtail operations matter enormously. If a driver crashes a bobtailed tractor on I-37 south of San Antonio while running a personal errand, the commercial policy may not cover the loss, and a personal policy may exclude commercial vehicles. We investigate every coverage layer to find the policy that pays.
Bodily Injury Liability (BIL)
The portion of an auto insurance policy that pays for injuries the insured driver causes to other people. Separate from property damage coverage.
Why this mattersTexas minimum BIL is just $30,000 per person and $60,000 per accident. After a serious crash in San Antonio, that minimum disappears in one ER visit. This is why we investigate every other available coverage source: umbrella policies, UM/UIM, employer policies, and excess layers.
Broker
The middleman who arranges freight shipments between shippers and trucking carriers. After recent federal court decisions, brokers face increasing liability when they hire unsafe carriers who then cause crashes.
Why this mattersFor years, brokers hid behind federal preemption. That defense is cracking. When a broker selected a carrier with bad BASIC scores or a history of violations and that carrier killed someone on I-10 between San Antonio and Seguin, the broker now has real liability exposure. We name them as defendants when the facts support it.
Bulging Disc
A spinal disc that bulges outward without rupturing through its outer wall. Less severe than a herniation but still painful and compensable, especially when aggravated by a crash.
Why this mattersInsurance adjusters love to dismiss bulging disc injuries as minor or degenerative. They are neither. A symptomatic bulging disc caused or worsened by a South Texas crash can mean years of treatment, missed work, and permanent limitation. The medical evidence has to be built carefully, and we know how to build it.
Burden of Proof
The level of evidence required to prove a claim. In Texas personal injury cases, you must prove your case by a preponderance of the evidence, meaning more likely than not. Lower bar than criminal cases.
Why this mattersThe preponderance standard is a lower bar than people think. We do not have to prove the case beyond a reasonable doubt. We just have to convince a Bexar County jury that our version is more likely true than the other side’s. That is a winnable standard when the evidence is built right.
C
Captive Insurer
An insurance company owned by the business it insures. Large trucking carriers sometimes form captives to self-insure their fleets. Investigation reveals these structures and the coverage layers behind them.
Why this mattersWhen a national fleet running through San Antonio on I-35 or I-10 causes a serious crash, the visible insurance policy may not be the whole picture. Behind it can sit a captive insurer, layered excess policies, and a self-insured retention. We investigate every layer to find every dollar available to pay your claim.
Cargo Securement
Federal rules under 49 CFR Part 393 governing how freight must be tied down, blocked, and braced inside or on a commercial truck. Improperly secured cargo is a leading cause of rollover and spill crashes.
Why this mattersCargo shifts on the sharp curves of the I-410 / I-10 interchange in San Antonio have caused rollovers and fatalities. When investigation shows the cargo was improperly secured, liability extends beyond the driver to the loader and sometimes the shipper. We pull the bill of lading and securement records on every commercial truck case.
Case Costs and Expenses
Out-of-pocket costs the firm advances to build your case: medical records, expert witness fees, court filing fees, deposition costs, accident reconstruction. Different from the attorney’s fee. Reimbursed from the settlement at the end of the case.
Why this mattersAt Trevino Injury Law, we front all case costs. You pay nothing out of pocket. We invest in your case because we believe in your case. Settlement mills rarely advance significant costs because they have no intention of preparing the case for trial. Quality experts cost money. We spend it.
Case Manager
A staff member who coordinates the day-to-day work on your case, including medical records, communication, and scheduling. Different firms structure case manager roles differently.
Why this mattersAt a settlement mill, the case manager is often the only person you ever speak to. At Trevino Injury Law, your case manager is part of the team, but the attorney handles the case. You have direct access to your lawyer when you need it.
Causation
The legal link between the defendant’s wrongful conduct and your injury. Proving causation means showing that the negligence actually caused the harm, not just that it could have.
Why this mattersCausation is where insurance companies fight hardest. They will argue your injuries came from a prior accident, a degenerative condition, or anything other than their insured’s negligence. We build causation through medical records, expert testimony, and consistent treatment timelines in Bexar County and beyond.
Causation Letter
A doctor’s written opinion connecting your injuries to the crash. Critical evidence in any personal injury case where the insurance company tries to argue the injuries came from somewhere else.
Why this mattersA well-written causation letter from a treating physician at University Hospital, Methodist Hospital, or Baptist Health can settle a disputed case. A weak one invites the defense to argue degenerative causes. We work closely with treating doctors to make sure the medical opinion is documented properly.
Commercial Driver’s License (CDL)
The specialized license required to operate large commercial vehicles. Drivers must pass medical, written, and skills testing to qualify. Drivers operating without a valid CDL face additional liability exposure.
Why this mattersA driver running freight through San Antonio without a valid CDL or with an expired medical card was not supposed to be on the road. When that driver causes a catastrophic crash, the carrier that hired or kept them faces direct negligent hiring exposure.
CDL Endorsements
Additional qualifications on a CDL for specialized loads: hazmat (H), tanker (N), doubles/triples (T), passenger (P). Driving a load without the proper endorsement is a federal violation.
Why this mattersA tanker truck running flammable cargo on I-37 south of San Antonio without a proper tanker endorsement is a federal violation and a powerful liability argument. We check every endorsement against every load in every commercial truck case.
Cell Phone Records
Records showing whether the driver was using a phone before or during a crash. Subpoenaed from the carrier. A texting or calling driver creates massive liability.
Why this mattersCell records are heavily fought over because they are decisive. A trucker who was texting on Loop 1604 the moment before impact has no defense. We subpoena these records early in every commercial case before the carrier has a chance to argue privacy or relevance.
Claim
A formal request for compensation made to an insurance company. Opening a claim does not commit you to anything, but everything you say during the claims process can be used against you later.
Why this mattersThe claim begins the moment you call the insurance company, not when you sign anything. Be careful what you say. Better yet, let your lawyer handle it. The adjuster on the other end is taking notes for use against you later.
Claim Number
The reference number an insurance company assigns to your claim. Reference it on every communication. Just remember the adjuster on the other end is not your friend.
Claim Reserve
The amount the insurance company internally sets aside to potentially pay your claim. Insurers often set the reserve far below actual case value and then try to settle within it.
Why this mattersThe reserve is not your case value. It is the insurance company’s internal estimate of what they think they can settle for. Settlement mills accept offers near the reserve. Trial lawyers force the reserve to be raised by demonstrating willingness to take the case to a Bexar County jury.
Clear and Convincing Evidence
A higher burden of proof required for punitive damages claims in Texas. More demanding than the preponderance standard used for ordinary negligence claims. This is why exemplary damages are harder to win.
Why this mattersPunitive damages can multiply a verdict, but the higher burden of proof keeps them rare. When we have the evidence to meet this standard, like falsified driver logs, drunk truckers, or willful safety violations, we plead exemplary damages and prove them.
Closing Argument
Each lawyer’s final summary to the jury before deliberation. This is where the trial lawyer ties together all the evidence and asks the jury for a specific dollar amount.
Why this mattersClosing argument in a Bexar County courtroom is where months of preparation come together. After 80-plus trials, we have learned what works for South Texas juries: clear themes, credible numbers, and respect for the jury’s time.
Collateral Source Rule
The traditional rule that compensation you received from other sources like health insurance does not reduce what the defendant owes. Substantially modified in Texas by Civil Practice and Remedies Code Section 41.0105.
Why this mattersTexas weakened the traditional collateral source rule with Section 41.0105. Now, only medical amounts actually paid or required to be paid are recoverable. This rule alone shifts millions away from injured Texans every year. Knowing how to navigate it is part of every serious case we handle.
Combined Single Limit (CSL)
A single dollar amount that covers all liability claims from one accident, both injury and property damage. Common in commercial trucking policies. A $1 million CSL means $1 million total for everything from one crash.
Why this mattersWhen a commercial vehicle carries a $1 million CSL and the crash injures three people, that single pool gets split. Identifying excess layers, umbrella policies, and additional defendants becomes critical to making sure the seriously injured do not get shortchanged by limited primary coverage.
Commercial Motor Vehicle (CMV)
A large truck or bus used in commerce. If it qualifies as a CMV, federal FMCSA rules apply, which are generally tougher than rules for regular drivers and create more avenues for proving liability.
Why this mattersThe CMV classification unlocks federal regulations that do not apply to passenger vehicles. Hours of service, driver qualification, drug testing, vehicle inspection. Each one is a potential liability argument when the carrier failed to comply. Crashes on I-35, I-10, and other major San Antonio corridors involving CMVs almost always have multiple regulatory angles.
Common Fund Doctrine
A Texas doctrine requiring that lienholders contribute a fair share of attorney’s fees and case costs. If your lawyer’s work created the recovery, lienholders generally have to chip in for that work.
Why this mattersThis doctrine can put thousands of additional dollars in your pocket. When a health insurer or hospital demands reimbursement from your settlement, the common fund doctrine forces them to share the cost of recovering the money. Most clients never hear of it. We make sure it gets applied.
Comparative Fault
Texas’s system for splitting fault between parties. Officially called proportionate responsibility. If you are 50% or less at fault, you can recover, but your recovery is reduced by your share of the blame. If you are 51% or more at fault, you recover nothing.
Why this mattersInsurance adjusters love to push your fault percentage above 50% because that defeats the entire claim. They will look for any excuse: you were driving too fast, you should have seen them, you should have braked sooner. We fight every percentage point because every percentage point is money in your pocket. Learn more about the Texas 51% rule and how it can wipe out an entire case.
Complex Regional Pain Syndrome (CRPS)
A chronic pain condition that can develop after a traumatic injury, often in a limb. Severe, lifelong, and historically dismissed by insurance companies because the symptoms can seem disproportionate to the original injury.
Why this mattersCRPS is one of the most painful chronic conditions in medicine, and one of the most aggressively contested by insurers. We have seen cases where adjusters wrote off CRPS as exaggeration until the medical evidence forced a serious settlement. The medical proof has to be built carefully.
Concussion
A mild traumatic brain injury causing temporary disruption of brain function. “Mild” describes the medical category, not the impact on your life. Concussions can produce headaches, memory issues, mood changes, and cognitive problems that last for months.
Why this mattersConcussions are often missed in the chaos of an ER visit. A San Antonio crash victim who declines a CT scan because they “feel fine” can discover serious cognitive symptoms weeks later. Document the symptoms. Get follow-up imaging. Insurance companies dismiss undocumented concussions ruthlessly.
Construction Site Injury
An injury occurring on a construction site, often involving multiple potentially liable parties including the general contractor, subcontractors, equipment manufacturers, and property owners. Complex liability analysis is required.
Why this mattersConstruction sites across San Antonio, New Braunfels, and the Eagle Ford Shale region produce some of the most serious workplace injuries in Texas. Identifying every responsible party is critical because workers’ compensation often does not cover the full extent of the harm. Learn more about how we approach San Antonio construction accidents.
Contingency Fee
The attorney’s fee, paid as a percentage of the recovery. You owe nothing if there is no recovery. Standard in personal injury law. Typically 33% to 40% depending on whether the case settles before or after a lawsuit is filed.
Why this mattersNo win, no fee. You do not pay an hourly rate or retainer to get serious legal representation. With 80-plus jury trials and over 20 years of trial experience, we take on your fight without you taking on any financial risk. Read the contract carefully before signing. Ask for a clear breakdown of the fee percentage and case costs.
Course and Scope of Employment
Whether an employee was performing job duties when the harm occurred. Critical in trucking cases. If a driver was on a personal errand off-route, the employer may try to escape liability under respondeat superior.
Why this mattersTrucking companies fight hard to argue their driver was off-duty or off-route at the moment of impact, hoping to escape vicarious liability. We use dispatch records, ELD data, route logs, and fuel receipts to prove the driver was working when the crash happened.
Coverage Dispute
A disagreement over whether an insurance policy applies to a particular claim. Common in trucking cases when carriers argue the driver was off-duty, off-route, or violating policy conditions at the time of the crash.
Why this mattersWhen a commercial insurer denies coverage after a crash on Loop 410 or I-35, the fight shifts to the policy language. We have forced coverage in disputed cases by reading the policy more carefully than the insurer did, finding endorsements, and invoking the MCS-90 when applicable.
Crash Report (CR-3)
The standardized Texas police crash report, required for most reportable crashes. Usually the first official document about the wreck. Contains the officer’s initial assessment of fault, contributing factors, and witnesses.
Why this mattersThe CR-3 is important, but it is not the final word on fault. Officers responding to crashes on Bandera Road, Culebra Road, or I-10 often have limited time to investigate and may rely on the wrong driver’s version. We treat the CR-3 as a starting point, then build the case with independent evidence.
Crashworthiness
How well a vehicle protects occupants in a collision. When seatbelts fail, airbags do not deploy, or fuel systems rupture, the vehicle manufacturer can become an additional defendant under product liability law.
Why this mattersA crash that should have been survivable becomes catastrophic when the vehicle fails. We investigate roof crush, seatbelt failure, airbag non-deployment, and fuel system fires. Product liability claims open additional coverage and additional recovery for victims who survived a crash that was supposed to kill them.
Crush Analysis
Engineering measurement of vehicle damage to calculate impact speed. Used by accident reconstructionists to verify or challenge ECM-reported speeds in crash investigations.
Why this mattersWhen ECM data is missing or disputed, crush analysis becomes the math that proves the truck was speeding. We use this analysis to support credible speed estimates that hold up in a Bexar County courtroom.
CSA Scores
FMCSA’s Compliance, Safety, Accountability program scores. Public-facing safety metrics that track carrier performance across seven categories. Carriers with poor CSA scores have established patterns of unsafe operation that support liability claims.
Why this mattersBad CSA scores tell a story. A carrier with chronic hours of service or driver fitness violations was warning the public about its operation long before the crash. Juries respond to that pattern. We pull CSA data on every commercial defendant.
D
Damages
The money awarded to compensate for an injury and resulting losses. Damages fall into two main categories: economic (bills, lost wages, property damage) and non-economic (pain, suffering, mental anguish, disfigurement, loss of enjoyment of life).
Why this mattersDamages are what your case is worth. Insurance companies use software like Colossus to suppress damages. We use trial preparation, expert testimony, and a willingness to go to verdict to force them to pay full value. Learn how Texas tort reform affects damage caps and what we do to maximize recovery despite them.
Dashcam Footage
Video recorded by cameras mounted inside or on a commercial truck. Often the most decisive evidence in a trucking case when it exists and gets preserved. Many modern fleets record continuously and overwrite within days.
Why this mattersWe have seen 18-wheeler dashcam footage erased within seven days of a crash because no one demanded preservation. We send a spoliation letter immediately on every commercial vehicle case to lock down dashcam, ECM, and dispatch records before they disappear. Settlement mills wait for the police report. By then the evidence is gone. Learn more about how we legally secure 18-wheeler dash cam evidence in Texas.
DataQ
The FMCSA system trucking carriers use to challenge inspection violations and crash reports. Their history of DataQ challenges can reveal patterns: a carrier that challenges every inspection violation, even legitimate ones, has a story.
Why this mattersCarriers use DataQ to clean up their public safety record. A pattern of aggressive DataQ challenges, especially on serious violations, suggests a carrier more focused on appearance than safety. We pull this data during investigation.
Daubert Challenge
A motion challenging whether an expert witness is qualified to testify or whether their methods are reliable. Common in trucking cases against accident reconstructionists, biomechanical engineers, and life care planners.
Why this mattersDefense lawyers file Daubert challenges hoping to keep your experts off the stand. If they succeed, your case loses its expert backbone. We retain credentialed experts whose methodology withstands these challenges in Bexar County and federal courts across South Texas.
Deadhead
Driving a commercial truck with an empty trailer, typically returning to a terminal after delivering a load. Coverage and liability rules can shift when a truck is deadheading versus loaded.
Why this mattersDeadheading drivers are still working, but their coverage situation can change. We trace every deadhead trip back to the dispatching carrier to make sure the right policy applies and the right defendant pays.
Declaratory Judgment
A court ruling that decides whether insurance coverage applies to a disputed situation. Used when the insurance company denies coverage and we sue to force coverage before the underlying case is resolved.
Why this mattersWhen an insurer denies coverage on a serious crash, we do not wait. A declaratory judgment action forces a court ruling on coverage early, before the insurer can use the dispute to delay your recovery.
Defendant
The party being sued. In a trucking case, defendants often include the driver, the carrier, the broker, and sometimes the shipper. Identifying all responsible parties is critical to maximizing recovery.
Why this mattersIn a serious 18-wheeler case on I-10 or I-35 running through San Antonio, the right defendants are often more than just the driver. The carrier hired them. The broker chose the carrier. The shipper set the schedule. We identify every responsible party because every layer of liability adds coverage.
Demand Letter
The formal letter we send the insurance company laying out liability, damages, and a specific settlement number. Backed by medical records, wage documentation, expert reports, and photographs. The opening move in serious negotiations.
Why this mattersA weak demand gets a weak offer. A strong demand sets the entire negotiation. In Efrain Baldivia’s 18-wheeler case, we built the demand package so thoroughly that the carrier settled for $1.4 million before trial. The quality of the demand letter often determines the quality of the result. Read more about how a trial-ready firm builds demand letters that get serious offers.
Demand Package
The full evidence package supporting the demand letter: medical records, bills, wage documentation, photographs, expert opinions, and case law. Your case in document form. Quality and completeness signal how prepared the lawyer is to take the case to trial.
Why this mattersAdjusters can tell within minutes whether a demand package was built for trial or built to close a file fast. The thoroughness shows. So does the laziness. We build packages that read like a trial brief because that is what they are.
Deposition
Sworn testimony given out of court, transcribed by a court reporter and used as evidence in the lawsuit. You will likely be deposed in a serious case. We prepare you carefully because every word counts.
Why this mattersDefense lawyers use depositions to find weaknesses in your case. They want you to say something they can use against you at trial. We prepare every client thoroughly before deposition: what to expect, how to answer, when to pause, when to ask for clarification. Read more about what happens at a personal injury deposition so you know what to expect.
Diagnostic Imaging
MRI, CT, and X-ray studies used to document injuries. Get imaging done early to establish the injury timeline. Insurance companies use gaps in imaging to argue the injury came from something else.
Why this mattersIf your San Antonio ER trip skipped an MRI of a painful back or neck, get one done as soon as possible. Imaging documents the injury and connects it to the crash. Without it, the insurance company has room to argue your injury came from a prior event.
Diffuse Axonal Injury
A severe brain injury where nerve fibers tear across multiple regions of the brain. One of the most serious traumatic brain injury types. Often seen in high-speed trucking crashes where rapid deceleration causes the brain to shear inside the skull.
Why this mattersDiffuse axonal injury survivors face permanent cognitive, behavioral, and physical impairments. Cases involving this injury require detailed life care planning, vocational expert testimony, and accurate damages calculations to capture the lifetime cost of catastrophic care.
Directed Verdict
A trial judge’s ruling that no reasonable jury could find for the other side based on the evidence presented. Defense lawyers often move for directed verdict mid-trial. If granted against you, the case ends without reaching the jury.
Why this mattersA directed verdict against the plaintiff ends the case before the jury gets to decide. We build the evidence in discovery so the judge has no basis to grant one against us. Trial preparation, not just trial performance, is what keeps cases moving toward verdict.
Disbursement
The process of paying out settlement funds to you, your medical providers, lienholders, and the firm. Usually happens one to three weeks after settlement, once the check clears the firm’s trust account.
Why this mattersDisbursement is when the work finally pays off. Before any money moves, every lien gets reviewed, every bill gets negotiated, and you get a clear statement showing exactly where the money goes. Ask questions about every line.
Discectomy
Surgery to remove part of a damaged spinal disc that is pressing on nerves. Common procedure for herniated discs that fail conservative treatment. Significant cost, recovery time, and impact on future earning capacity.
Discovery
The formal pre-trial information exchange between the parties. Each side gets to learn what the other has through written questions, document requests, and depositions. Can take six to eighteen months in a serious case.
Why this mattersDiscovery is where cases get won or lost. We use it to expose the insurance company’s tactics, secure damaging documents, and lock in testimony before trial. Read more about how we counter the Texas insurance defense playbook during discovery.
Discovery Rule
A Texas exception that delays the statute of limitations until you knew or reasonably should have known about the injury. Rarely applies in vehicle crashes because the injury is immediately obvious, but can matter when injuries surface months later.
Dispatch Records
The communications between a truck driver and the carrier’s dispatchers. Often prove that the carrier pressured the driver to violate hours-of-service rules, drive faster, or skip required breaks. Powerful liability evidence when preserved.
Why this mattersDispatch records can transform a single-driver case into a corporate liability case. When the carrier’s own communications show pressure to violate federal safety rules, the jury sees the system that caused the crash, not just the driver behind the wheel.
DOT Number
The U.S. Department of Transportation identification number assigned to commercial carriers operating in interstate commerce. Lets the public look up a carrier’s safety record, inspection history, and crash history through the FMCSA’s SAFER database.
Why this mattersThe DOT number on the side of an 18-wheeler that hit you on I-35 is the key to its full safety history. We pull SAFER reports on every commercial defendant to build the carrier’s risk profile into the case.
Dram Shop Liability
Texas law that allows claims against bars, restaurants, and other alcohol-serving establishments when they over-serve obviously intoxicated patrons who then cause crashes. Codified in Texas Alcoholic Beverage Code Chapter 2.
Why this mattersDram shop claims often unlock major recovery in DWI crashes when the drunk driver has minimum or no insurance. The establishment’s coverage becomes the primary source of compensation. We have litigated these claims successfully. When a bar serves a clearly drunk patron who then kills or injures someone, that bar pays. Learn more about how we handle San Antonio dram shop cases.
Driver Qualification File (DQ File)
The personnel file federal regulations require every trucking carrier to maintain on each driver. Contains the application, medical card, road test, employment history, and driving record. Missing items in the DQ file support negligent hiring claims.
Why this mattersAn incomplete DQ file is direct evidence of negligent hiring. When a carrier hired a driver without verifying employment history, without a current medical card, or without an adequate road test, that decision becomes part of the liability case.
Driver’s Daily Logs
Records of a truck driver’s on-duty time, driving time, and off-duty time. Now mostly captured electronically through ELDs, but still required. Falsified logs are a federal crime and devastating evidence at trial.
Why this mattersWhen daily logs do not match fuel receipts, toll records, or dispatch communications, falsification becomes provable. A trucker who falsified logs to cover fatigue before a crash on I-37 or I-10 hands the plaintiff a powerful case for punitive damages.
DTPA (Texas Deceptive Trade Practices Act)
Texas law that covers misleading consumer and insurance practices. Some insurance bad-faith claims can be brought under the DTPA, which allows recovery of treble (triple) damages and attorney’s fees.
Why this mattersThe DTPA gives Texas consumers serious leverage when an insurance company commits deceptive acts. Treble damages and attorney’s fees change the math for insurers who try to underpay valid claims.
Duty of Care
The legal obligation one person owes another to act with reasonable caution under the circumstances. Every driver owes other drivers a duty of care. Every trucking company owes the motoring public a duty of care. Establishing this duty is step one of any negligence claim.
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Electronic Control Module (ECM)
The truck’s “black box.” A device that records speed, brake use, throttle position, engine RPM, and other operating data in the moments before a crash. Federal regulations require carriers to preserve this data when a crash is reportable.
Why this mattersECM data is often the single most important piece of evidence in an 18-wheeler case. It does not forget. It does not get nervous on the stand. It just tells what happened. The problem is that ECM data can be overwritten in days if no one demands preservation. We send a spoliation letter within 48 hours of taking a commercial truck case to lock down the black box before the carrier can wipe it.
Event Data Recorder (EDR)
A device in modern passenger vehicles that captures crash data, similar in concept to the ECM in commercial trucks. Records vehicle speed, brake activation, steering input, and airbag deployment in the seconds surrounding impact.
Why this mattersEDR data resolves disputes that witness statements cannot. When the other driver claims they were not speeding on Loop 1604 or Bandera Road, the EDR can settle it. We download EDR data on serious crashes where it might prove fault.
Economic Damages
The measurable financial losses you can document with receipts: medical bills, lost wages, property damage, future medical care, and lost earning capacity. These are the bills the crash left behind.
Why this mattersEconomic damages are the foundation of every serious injury case. We document every dollar carefully because Texas damage rules limit recovery to amounts actually paid or required to be paid for medical care. Sloppy documentation costs victims money. We are not sloppy.
Eggshell Plaintiff Rule
The legal principle that defendants must take their victims as they find them. Even if a victim is unusually fragile or has pre-existing conditions that make their injuries worse than average, the defendant pays for the full extent of the harm caused.
Why this mattersInsurance companies argue that frail victims would have gotten hurt anyway, or that their injuries are exaggerated by prior conditions. Texas law rejects that argument. The rule exists for a reason: the negligent driver chose to be negligent, and they pay the full price for what their negligence did to whoever they hit.
Electronic Logging Device (ELD)
Federally mandated device in most commercial trucks that automatically records driving time and on-duty time. Replaced paper logs for most carriers in 2017. Provides objective evidence of hours-of-service compliance, or violations.
Why this mattersELDs made it harder for drivers to falsify hours, but smart carriers still find ways around them. We compare ELD data against fuel receipts, toll records, dispatch logs, and GPS data to expose discrepancies that prove fatigue or falsification before a crash on I-35 or anywhere else in South Texas.
EMG / Nerve Conduction Study
Diagnostic tests that measure electrical activity in nerves and muscles. Used to confirm nerve damage from spinal injuries, radiculopathy, or carpal tunnel syndrome.
Epidural Steroid Injection (ESI)
An injection of steroids into the epidural space of the spine to reduce inflammation and pain. Common conservative treatment for herniated discs and radiculopathy before considering surgery. Each injection typically costs $1,500 to $3,000.
Why this mattersESI treatment in San Antonio can stretch over months and add up to significant medical specials. Insurance companies sometimes argue these injections are unnecessary. We document the medical necessity through treating physicians and pain management specialists.
ERISA Lien
A reimbursement claim from a self-funded employer health plan, governed by federal law under the Employee Retirement Income Security Act. ERISA plans have stronger federal reimbursement rights than ordinary state-regulated insurance.
Why this mattersERISA liens are some of the hardest liens to reduce in a Texas personal injury case. Federal preemption blocks many of the state-law defenses we use against ordinary insurers. We still negotiate them down whenever the facts allow, but knowing the difference between a self-funded ERISA plan and a fully-insured state plan is critical to protecting your net recovery.
Excess Coverage
Insurance that pays after the primary policy is exhausted. Most large trucking carriers have layered coverage: a $1 million primary policy plus $5 million to $10 million or more in excess layers. Critical in catastrophic injury cases.
Why this mattersIn a catastrophic 18-wheeler crash on I-10 through San Antonio, the $1 million primary policy often is not enough. Excess layers can take available coverage to $10 million, $25 million, or more. We investigate every coverage layer in every serious commercial case because hidden coverage is unpaid coverage.
Exemplary Damages
The term Texas law uses for punitive damages. Damages designed to punish particularly egregious conduct and deter future similar behavior. Available only when clear and convincing evidence proves gross negligence, fraud, or malice.
Why this mattersExemplary damages can multiply a verdict significantly. When a trucker is drunk, when logs are falsified to cover fatigue, or when a carrier knowingly puts an unsafe driver on the road, we plead exemplary damages and prove them by the higher evidentiary standard Texas requires.
Expert Witness
A qualified specialist hired to provide opinions on technical issues in the case: accident reconstructionists, medical experts, vocational specialists, life care planners, biomechanical engineers, and trucking safety consultants.
Why this mattersSerious trucking cases often involve five to ten experts on each side. The quality of your experts often decides the case. We invest in credentialed experts whose methodology survives Daubert challenges and whose testimony resonates with juries in Bexar County and across South Texas.
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Facet Block
A diagnostic and therapeutic injection into the small facet joints of the spine. Used to identify the source of back or neck pain and provide temporary relief. Often part of pain management treatment after a serious crash.
Federal Tort Claims Act (FTCA)
The federal law that governs lawsuits against the United States government. Required procedural step when a federal vehicle (USPS truck, military vehicle, federal contractor) causes a crash. Strict notice deadlines apply.
Why this mattersWhen a federal vehicle from Lackland, Joint Base San Antonio, or a USPS route causes a crash, FTCA procedures take over. Miss the administrative claim deadline and the case dies. We know the federal timeline and meet it.
First-Party Claim
A claim made against your own insurance policy. Common examples include UM/UIM, PIP, and MedPay claims. Different from a third-party claim, which is against the at-fault driver’s insurance.
Why this mattersYour own insurance company is supposed to be on your side in a first-party claim. They often are not. When they delay, deny, or underpay, Texas Insurance Code bad-faith protections kick in. We treat first-party disputes with your own carrier as seriously as any third-party fight.
FMCSA
The Federal Motor Carrier Safety Administration. The federal agency that regulates interstate trucking and sets the safety standards commercial carriers must follow. Their databases and regulations are critical evidence sources in every commercial truck case.
Why this mattersThe FMCSA exists because trucking is dangerous when carriers cut corners. Their rules cover hours of service, driver qualifications, drug testing, vehicle maintenance, and cargo securement. When a carrier violates these rules and someone gets hurt on I-10, I-35, or I-37 running through San Antonio, the violation itself becomes evidence of negligence.
FMCSR
The Federal Motor Carrier Safety Regulations. The rulebook that interstate trucking companies and drivers must follow. Codified in Title 49 of the Code of Federal Regulations. Violations of FMCSR are often the foundation of trucking liability cases.
Why this mattersAn FMCSR violation can establish negligence per se under Texas law. We do not have to convince the jury that the conduct was unreasonable. The federal government already decided that. When a carrier’s HOS, maintenance, or qualification violation directly causes a crash, the case becomes much harder for the defense to defend.
FOIA Request
A Freedom of Information Act request used to obtain government records. The federal version of public records access. In Texas, the state equivalent is the Texas Public Information Act, which controls access to local police records.
Why this mattersFOIA and Texas Public Information Act requests are how we get body cam footage, dispatch audio, and supplemental crash reports from law enforcement. We file these requests within days of taking a case because critical evidence disappears fast, and getting government records can take six to nine months. Settlement mills wait. We move.
Fully-Insured Health Plan
A health insurance plan where an insurance company bears the financial risk and is regulated by Texas state law. Different from self-funded ERISA plans, which are regulated by federal law. Fully-insured plans are more negotiable on subrogation and lien reimbursement.
Future Medical Expenses
The medical costs you will reasonably incur going forward because of your injury. Includes surgeries, therapy, medication, durable medical equipment, and attendant care. Often the largest single category of damages in catastrophic injury cases.
Why this mattersFuture medical expenses can total millions of dollars in a serious case, but only if they are documented properly. Expert testimony from treating physicians and life care planners is required. Read more about how a life care plan increases your case value by quantifying every future surgery, medication, and lost paycheck.
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Global Settlement
A single settlement that resolves all claims among all parties at once, often used when multiple defendants are involved or multiple claims arise from one event. Common in multi-vehicle crashes and multi-party trucking cases.
Why this mattersGlobal settlements simplify resolution but require careful negotiation when multiple insurers and liability layers are involved. We make sure every available coverage source contributes its fair share before signing off on a global deal.
GPS Data
Location and speed data captured by a commercial vehicle’s tracking systems, often integrated with the ELD and telematics platforms. Records the truck’s exact movements, route, and stops.
Why this mattersGPS data often proves what driver logs deny. A trucker who claimed to be parked for the required 10-hour rest period on I-10 outside Seguin can be contradicted by GPS showing the truck was moving. We pull this data on every serious commercial case.
Gross Negligence
Conduct that demonstrates reckless disregard for the safety of others. A significantly higher standard than ordinary negligence. Required to support a claim for exemplary (punitive) damages under Texas Civil Practice and Remedies Code Chapter 41.
Why this mattersGross negligence opens the door to punitive damages. In Mario Mendoza’s case against Farmers Best International, we proved gross negligence and a San Antonio jury returned a $7.9 million verdict after the defense had offered just $1.3 million. That is six times the last settlement offer, and it was made possible by gross negligence evidence the defense could not explain away.
Gross Settlement
The total settlement amount before any deductions for attorney’s fees, case costs, and medical liens. The headline number, not what the client takes home.
Why this mattersGross settlement looks impressive on paper. Net settlement is what actually matters. Always ask your lawyer for a net estimate before agreeing to settle. We review every line item and negotiate every reducible expense before the final disbursement.
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Hazmat
Hazardous materials transport. Subject to additional federal regulations under 49 CFR Parts 171-180. Hazmat crashes can produce catastrophic secondary harm: fires, chemical exposure, environmental damage, and mass casualty events.
Why this mattersA hazmat crash on I-35 north of San Antonio or out toward New Braunfels is not an ordinary trucking case. Federal minimum insurance for hazmat carriers is $5 million, not $750,000. The carrier’s hazmat compliance becomes a major liability angle, and the regulatory violations are often severe.
Herniated Disc
When a spinal disc’s soft inner material pushes through a tear in the outer wall, often pressing on nerves and causing pain that radiates into the arms or legs. Common in serious vehicle crashes. Often requires surgery, injections, or long-term pain management.
Why this mattersHerniated discs are one of the most common serious injuries from rear-end and side-impact 18-wheeler crashes. The medical costs add up quickly. Discectomy surgery, post-op rehabilitation, lost work, and possible long-term restrictions on lifting and bending can mean six figures in damages or more. We build the medical case carefully because insurance companies aggressively dispute disc claims.
High-Low Agreement
A pre-trial agreement between the parties setting a minimum and maximum recovery, regardless of the jury’s actual verdict. Both sides give up some risk in exchange for some certainty.
Why this mattersHigh-low agreements are rare but useful when both sides face real downside risk. They can lock in a floor for the plaintiff while capping exposure for the defense. We consider them strategically when the facts and the trial dynamics make sense.
Hold Harmless Clause
A contract provision requiring one party to protect another from future legal claims or losses. Sometimes built into settlement release agreements in ways that can shift unexpected liability back onto the injured person.
Why this mattersSome settlement releases include hold harmless language requiring you to defend the at-fault party against future claims arising from the same crash. That is dangerous. Sign the wrong release and a hidden bill or unknown lien can come back at you personally. We review every release line by line before you sign anything.
Hospital Lien
A formal claim a hospital files against your settlement for treatment provided after an accident. Under Texas Property Code Chapter 55, hospitals can file these liens within 180 days of admission and they attach to any settlement or judgment you receive.
Why this mattersHospital liens are often heavily inflated, sometimes three to ten times the amount the hospital would have accepted from insurance. They are almost always negotiable. Read more about how lawyers reduce medical bills at the end of a case. Negotiating these liens correctly can put thousands of additional dollars in your pocket at disbursement.
Hours of Service (HOS)
Federal regulations under 49 CFR Part 395 that limit how many hours commercial truck drivers can drive and work before they must rest. Core limits include the 11-hour driving rule, 14-hour on-duty rule, 30-minute rest break, and 60/70-hour weekly maximum.
Why this mattersDriver fatigue is a leading cause of catastrophic truck crashes. HOS violations, provable through ECM data and electronic logs, create powerful liability arguments against trucking companies. Learn more about how we hold carriers accountable in overloaded and fatigued 18-wheeler crashes in Texas. The corporate dispatcher who set the schedule and the warehouse that pushed unrealistic deadlines share blame.
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Impairment Rating
A physician’s percentage assessment of permanent loss of function after a victim reaches maximum medical improvement. Often based on the AMA Guides to the Evaluation of Permanent Impairment.
Why this mattersHigher impairment ratings support larger non-economic damages because they document permanent harm. A 15% whole-body impairment from a spinal injury in a crash on Loop 410 carries real long-term weight. We work with treating physicians to make sure impairment is properly documented at MMI.
Indemnity
A contractual promise to compensate another party for losses or damages. Often appears in settlement release agreements as a requirement that the injured party defend the at-fault party against future related claims.
Why this mattersIndemnity clauses in releases can shift hidden costs back to you. If you sign a release with broad indemnity language and an unexpected medical lien surfaces months later, that lien can become your personal responsibility. We never let our clients sign releases with surprise indemnity exposure.
Independent Medical Examination (IME)
A medical examination by a doctor chosen and paid by the insurance company. The name is misleading. These doctors are hired specifically to minimize the appearance of your injuries.
Why this mattersThere is nothing “independent” about an IME. Defense IME doctors testify hundreds of times a year for insurance companies. They look for any reason to attribute your injuries to something other than the crash. We prepare every client carefully before an IME, and we challenge the conclusions when the medicine does not support them.
Interrogatories
Written questions one party sends the other during discovery. Must be answered under oath. Treated as testimony and used as evidence at trial.
Why this mattersSloppy interrogatory answers come back to hurt cases at trial. We sit down with every client to draft careful, accurate answers. The defense will use any inconsistency between interrogatory responses and deposition testimony to attack credibility in a Bexar County courtroom.
Invitee
Someone on a property for the owner’s commercial benefit. A customer at a store, a guest at a hotel, a patron at a restaurant. Property owners owe invitees the highest duty of care under Texas premises liability law.
Why this mattersYour legal status on the property determines what the owner owed you. A shopper injured at a San Antonio retail store is an invitee, and the store has a duty to inspect for and fix unknown dangers. Slip and fall cases turn on this classification.
IOLTA Trust Account
The Interest on Lawyers Trust Account where settlement money sits before disbursement. Required by the State Bar of Texas. Settlement checks go here first, never into the law firm’s operating account.
Why this mattersThe IOLTA system protects clients. Your settlement money is segregated from the firm’s funds and tracked carefully through disbursement. If a firm ever tries to deposit your check directly into an operating account, walk away.
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Jackknife
A loss-of-control event where a truck’s trailer swings out at an angle to the tractor, often forming an L or V shape across multiple lanes. Common in brake failures, sudden lane changes, and weather-related crashes.
Why this mattersA jackknifed 18-wheeler on I-35 or Loop 1604 can block multiple lanes and trap passenger vehicles underneath the trailer. The cause often points to brake maintenance failures, driver fatigue, or unsafe speed for conditions. We investigate every angle.
Joint and Several Liability
A liability rule under which each defendant can be held responsible for the full amount of damages, not just their share. Important in cases with multiple defendants when some have limited resources and others have deep pockets.
Why this mattersIn a multi-defendant trucking case where the driver has limited personal coverage and the carrier has $10 million in layered policies, joint and several liability means the carrier can be made to pay the full verdict. We use this rule strategically to make sure recovery is collectible.
Judgment
The court’s official ruling that resolves the case, based on a jury verdict, a bench decision, or a settlement. Once entered, a judgment becomes enforceable and starts accruing post-judgment interest.
Why this mattersA judgment is the legal endpoint. It gives the plaintiff the right to collect, garnish, and enforce. When defendants appeal a Bexar County judgment to delay payment, post-judgment interest keeps running against them. We have collected interest from insurers who tried to wait us out on appeal.
Jury Instructions
The legal rules the judge gives the jury before deliberation. Define the elements of each claim and defense, the standard of proof, and how to calculate damages. Both sides fight hard over the exact wording because it shapes the verdict.
Jury Trial
A trial decided by a jury of citizens. The standard in Texas civil personal injury cases. In Bexar County District Court, civil juries consist of 12 members, though parties may agree to fewer.
Why this mattersInsurance companies fear jury trials because juries can return verdicts that exceed policy limits. That fear is leverage. After 80-plus jury trials, the defense knows what happens when Trevino Injury Law puts a case in front of Bexar County jurors. The risk of trial often produces settlement offers that match what the case is actually worth.
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Layered Coverage
Multiple insurance policies stacked to provide combined coverage. Common in commercial trucking: a $1 million primary policy plus excess and umbrella layers. Total available coverage can reach $25 million or more in some fleets.
Why this mattersThe primary policy is rarely the whole picture. We investigate excess coverage, umbrella policies, manufacturer coverage, broker coverage, and self-insured retentions. Every layer is another source of compensation in a catastrophic case.
Letter of Protection (LOP)
A written promise from the law firm to pay a medical provider directly from the eventual settlement. Lets injured clients get treatment without paying upfront. Providers accept LOPs because the firm guarantees payment.
Why this mattersMany San Antonio injury victims do not have health insurance, or their insurance refuses to cover crash-related care. A Letter of Protection bridges that gap. We work with trusted local providers who accept LOPs and bill reasonably, then negotiate balances at the end. Read more about how we reduce medical bills before disbursement.
Lien
A legal claim against your settlement. Common liens come from hospitals, health insurers, Medicare, Medicaid, ERISA self-funded plans, and workers’ compensation carriers. Liens get paid from the settlement before disbursement to the client.
Why this mattersUnmanaged liens can consume 30 to 50% of a settlement. Aggressive negotiation puts that money back in your pocket. We treat lien resolution as serious legal work, not paperwork. The result shows up in the net check you actually receive.
Lien Negotiation
The process of reducing the amount that liens claim against a settlement. Texas doctrines like the made-whole rule and the common fund doctrine give plaintiffs significant leverage in lien negotiations when applied correctly.
Why this mattersSkilled lien negotiation can recover thousands of additional dollars at disbursement. Hospitals routinely reduce inflated billed amounts. Health insurers can be persuaded to share in attorney’s fees under the common fund doctrine. We push for every reduction the law allows.
Life Care Plan
A detailed expert report projecting all future medical needs and their costs over the victim’s lifetime. Prepared by a certified life care planner working with treating physicians. Critical evidence of future damages in catastrophic injury cases.
Why this mattersA properly built life care plan can establish millions of dollars in future damages, far beyond what insurance companies want to pay. Read more about how a life care plan increases your case value by quantifying every future surgery, medication, and assistive device. We invest in credentialed planners whose work survives Daubert challenges.
Loader
The person or company responsible for loading freight onto a commercial truck. Can be liable when improper loading leads to cargo shifts, rollovers, or weight distribution failures.
Why this mattersWhen a load shifts and causes a crash on I-37 south of San Antonio, the loader can share liability with the driver and the carrier. Identifying the loader becomes part of building the full liability picture in a serious cargo case.
Loss of Consortium
Damages for the loss of companionship, affection, household services, or intimacy between spouses caused by the injury. A separate claim belonging to the uninjured spouse.
Why this mattersCatastrophic injuries hurt the whole family, not just the person physically harmed. A spouse who suddenly becomes a full-time caregiver loses the relationship they had before the crash. Texas law recognizes that loss as compensable. We pursue consortium claims when the facts support them.
Loss of Household Services
Damages for tasks the injured person can no longer perform around the home: childcare, cooking, cleaning, yard work, home maintenance. Calculated at market rates, even though the work was unpaid.
Why this mattersA parent in San Antonio who can no longer drive kids to school, prepare meals, or maintain the home has real economic damages. Insurance companies overlook these losses because they were never invoiced. We document them carefully and present them at the value the work would cost to replace.
Lost Earning Capacity
The reduction in your future ability to earn money because of the injury. Different from lost wages, which cover income already missed. Earning capacity is what you would have earned over your remaining career but now cannot.
Why this mattersLost earning capacity is often the largest economic damages category in catastrophic cases. A 35-year-old San Antonio oilfield worker forced into permanent disability after a crash has decades of lost income to recover. Vocational expert testimony quantifies the loss. We build the case to capture it.
Lost Wages
Income you have already missed because of the injury. Calculated from pay stubs, W-2s, tax returns, and employer documentation. Generally the easiest economic damages to document.
Why this mattersDocument every missed shift, every doctor’s visit during work hours, every reduced-duty week. Lost wages add up quickly for hourly workers, and they form part of the foundation for negotiating non-economic damages.
Lump Sum
The full settlement amount paid all at once, rather than over time. Most personal injury settlements in Texas are lump sum. Generally tax-free for physical injury compensation under federal law.
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Made-Whole Doctrine
A Texas equitable doctrine that limits an insurer’s subrogation rights until the injured person has been fully compensated for the loss. Particularly useful in cases with limited insurance coverage where the settlement does not cover the full damage.
Why this mattersIn low-policy-limits cases, the made-whole doctrine can sharply reduce or eliminate health insurer subrogation. If a San Antonio crash victim recovers only $30,000 from a minimum-limits policy but suffered $100,000 in actual damages, the made-whole doctrine can block the health insurer from taking a piece of that limited recovery. We invoke it whenever it applies.
Maintenance Records
Records a carrier must keep showing inspections, repairs, and service performed on each commercial vehicle. Required by FMCSA regulations under 49 CFR Part 396.
Why this mattersPoorly maintained brakes, worn tires, or failed lights can be the direct cause of a serious crash. Maintenance records expose the carrier’s decisions before the crash happened. When a record shows known defects that were never repaired, the carrier’s liability becomes much harder to defend.
Maximum Medical Improvement (MMI)
The point at which a treating physician determines the patient has recovered as much as they reasonably will from the injury. Further treatment is unlikely to produce meaningful improvement. The medical endpoint of the case.
Why this mattersSettling before MMI is risky. You may not yet know the full extent of long-term damages, permanent impairment, or future medical needs. Insurance companies push for early settlement because they know it favors them. We wait for MMI before finalizing case value. Read more about how we approach maximizing 18-wheeler accident compensation in Texas.
MCS-90 Endorsement
A federal endorsement attached to a commercial trucking insurance policy that guarantees minimum coverage for injuries to the public, even when the standard policy might otherwise exclude coverage. Required by federal law for most interstate motor carriers.
Why this mattersThe MCS-90 is a safety net for injured victims. When trucking insurers try to deny coverage because the driver was off-route, off-duty, or violating policy conditions, the MCS-90 can force payment up to the federal minimum ($750,000 for most interstate carriers, $5 million for hazmat). We invoke it whenever coverage is disputed in a serious commercial truck case.
MedPay
Medical Payments coverage on a Texas auto insurance policy. Pays medical bills regardless of who caused the crash, up to the policy limit. Optional coverage in Texas, but valuable when available.
Why this mattersMedPay is YOUR coverage, available regardless of fault. Use it. It generally does not raise your rates, and most insurers do not assert subrogation against MedPay benefits the way they do against health insurance payments. Check your own policy after a crash.
Mediation
A settlement conference led by a neutral mediator who helps the parties try to reach agreement. Often court-ordered after discovery. Most Texas personal injury cases settle at or after mediation.
Why this mattersMediation works when both sides come prepared. Settlement mills show up underprepared and accept whatever the insurance company offers. Trial-ready firms come with the evidence, the experts, and the willingness to walk out and go to a Bexar County jury. The difference shows in the offers. Read more about how trial readiness produces better mediation results.
Medical Affidavit (§18.001)
A sworn statement under Texas Civil Practice and Remedies Code Section 18.001 used to prove that medical bills are reasonable and necessary. Powerful Texas evidentiary tool that creates a presumption of reasonableness and necessity if properly filed and not controverted.
Why this mattersSection 18.001 affidavits save plaintiffs the cost of bringing every billing custodian to trial. Properly filed affidavits put the burden on the defense to challenge them with a controverting affidavit. Miss the rules and the affidavit fails. We use them properly on every case.
Medical Certificate
The DOT medical card certifying a commercial driver’s physical fitness to operate a CMV. Required by federal regulation. Expired or fraudulent medical certificates support negligent hiring and qualification claims.
Medical Specials
The total dollar amount of past and future medical bills in a personal injury case. One of the most easily documented categories of economic damages. Medical specials often anchor the negotiation of non-economic damages.
Medicare Conditional Payments
Medical bills Medicare pays for crash-related treatment that must be repaid from any personal injury settlement. Mandated by federal law under the Medicare Secondary Payer Act.
Why this mattersFederal law requires repayment of Medicare conditional payments. Ignore them and Medicare can come after the client, the lawyer, and even the defendant. We track every Medicare-paid dollar carefully and resolve the lien before disbursement.
Medicare Set-Aside (MSA)
Money set aside from a settlement to cover future injury-related medical care that Medicare would otherwise have to pay. Sometimes required in cases involving Medicare-eligible plaintiffs and significant future treatment needs.
Why this mattersMSAs protect the integrity of the Medicare program by making sure settlement money covers what Medicare otherwise would. They also protect the client from future Medicare denials of injury-related care. Required handling depends on the facts and the law at the time.
Medicaid TPL (Third Party Liability)
Texas Medicaid’s right to be reimbursed from a personal injury settlement for medical bills it paid related to the injury. Failure to address Medicaid TPL can jeopardize future Medicaid eligibility for the client.
Why this mattersMedicaid recipients in Bexar County and across South Texas need Medicaid TPL handled properly. The lien is negotiable but mandatory. Getting it wrong can cost the client future benefits. We handle these claims carefully on every case where Medicaid is involved.
Mental Anguish
Compensation for the emotional and psychological harm caused by an injury or traumatic event. Anxiety, depression, fear, PTSD, and lasting emotional distress are all part of mental anguish. A category of non-economic damages.
Why this mattersThe psychological impact of a serious crash is real. A driver who survives a head-on collision on I-10 may avoid driving for years afterward. A pedestrian struck on San Pedro Avenue may relive the moment every time they hear screeching brakes. Texas law recognizes that this suffering deserves compensation, and we treat it with the same seriousness as physical damages.
Mistrial
When a trial ends without a verdict because of a serious problem, such as juror misconduct, prejudicial evidence, or a hung jury. Generally results in a new trial.
Motion
A formal written request asking the court to do something. Used throughout litigation to compel discovery, limit evidence, dismiss claims, or rule on legal issues.
Motion in Limine
A pretrial motion asking the court to exclude or limit certain evidence at trial. Used to keep unfairly prejudicial or irrelevant material away from the jury.
Why this mattersMotions in limine are how we keep harmful side issues out of trial. The defense will try to bring in your prior accidents, prior claims, or unrelated medical history to muddy the waters. We file motions to exclude that material before jury selection begins.
Motion for Summary Judgment
A motion asking the court to rule in favor of one party without a trial because the material facts are not in dispute. If granted against the plaintiff, the case ends without reaching a jury.
Why this mattersDefense summary judgment motions are common in trucking cases, often arguing the carrier is not vicariously liable for the driver’s conduct. We build evidence in discovery specifically to defeat these motions and keep the case moving toward a Bexar County trial.
Motor Carrier
The company that operates a commercial vehicle for the transportation of property or passengers in commerce. Subject to extensive FMCSA regulation. Often the deep-pocket defendant in commercial truck cases.
Why this mattersIdentifying the correct motor carrier is critical. The name painted on the truck may not match the legal entity holding the operating authority. We pull DOT records to confirm who actually controls the vehicle and who actually carries the insurance.
The federal operating authority required for a company to legally transport goods or passengers in interstate commerce. Granted and tracked by the FMCSA. Carriers operating without proper authority face direct liability exposure.
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Negligence
The failure to use the level of care a reasonable person would use under similar circumstances, resulting in harm to another person. The foundation of most personal injury cases. Requires proof of duty, breach, causation, and damages.
Why this mattersNegligence is what your case is built on. Every element has to be proven: that the defendant owed you a duty, that they breached it, that the breach caused your harm, and that the harm produced damages. Sloppy negligence proof loses cases. We build each element carefully on every claim we file in Bexar County and across South Texas.
Negligence Per Se
A Texas doctrine that establishes negligence automatically when a defendant violates a safety statute or regulation designed to protect a class of people. The plaintiff still has to prove causation and damages, but the breach element is established by the violation itself.
Why this mattersWhen an 18-wheeler driver runs a red light at 1604 and Bandera Road or violates federal hours-of-service rules before a crash on I-35, the violation itself can establish negligence per se. The jury does not have to decide whether the conduct was unreasonable. The legislature already did. This doctrine turns a regulatory violation into a powerful liability argument.
Negligent Entrustment
A Texas claim against a person or company that entrusted a vehicle to someone they knew or should have known was unfit to operate it. Common in commercial trucking when a carrier hands a tractor-trailer to a driver with a poor record.
Why this mattersNegligent entrustment focuses on a specific decision: handing keys to a known-unfit driver. It can support liability even when respondeat superior is contested. We build entrustment claims through driver qualification files, prior incident reports, and the carrier’s own documentation.
Negligent Hiring
A direct claim against a trucking company or other employer that hired a driver it knew or should have known was unsafe. Requires proof of an inadequate pre-employment investigation or willful disregard of known risk factors.
Why this mattersNegligent hiring reaches the carrier directly, not just through vicarious liability. Carriers like J.B. Hunt, Swift Transportation, and Werner Enterprises have faced negligent hiring claims when their drivers caused catastrophic crashes. When the driver qualification file shows the carrier overlooked prior accidents, failed drug tests, or expired medical cards, the case shifts from one bad driver to a corporate decision to put that driver on the road. Read more about how we approach San Antonio truck accident cases.
Negligent Retention
A claim that a trucking company kept a driver on the road after learning of safety problems. Different from negligent hiring because it focuses on what the carrier learned after employment began. Particularly powerful when the carrier ignored documented violations or prior crashes.
Why this mattersNegligent retention is often the strongest claim against a trucking carrier with a documented driver problem. If a driver caused minor crashes before the catastrophic one and the carrier did nothing, the jury sees a pattern of indifference. We pull driver files, prior incident reports, and disciplinary records to prove what the carrier knew and when.
Negligent Supervision
A claim that a carrier failed to properly monitor or supervise driver activities, leading to safety failures that caused the crash. Often tied to dispatch pressure, ignored HOS violations, and failure to enforce safety policies.
Why this mattersNegligent supervision turns the spotlight on management decisions. Dispatch records, schedule pressure, and ignored ELD warnings can all support the claim that the carrier failed in its duty to supervise. The jury sees the corporate culture that enabled the crash, not just the driver behind the wheel.
Negligent Training
A claim that a carrier failed to properly train a driver in safe operation, federal regulations, or specialized loads. Particularly relevant for new drivers, hazmat operations, and complex equipment.
Why this mattersInadequate training shows up in the carrier’s records. Missing safety meetings, undocumented road testing, and gaps in hazmat certification all support negligent training claims. We pull training records on every commercial truck case.
Net Settlement
The amount the client actually takes home after attorney’s fees, case costs, and medical liens are paid from the gross settlement. The most important number in any case.
Why this mattersNet settlement is what your case actually produced for you. Always ask for an estimated net before agreeing to settle. We provide a clear settlement statement showing every deduction line by line so you know exactly where every dollar went.
Non-Economic Damages
Damages for losses that do not have an obvious dollar amount: pain, suffering, mental anguish, disfigurement, physical impairment, and loss of enjoyment of life. Often the largest portion of a serious injury settlement or verdict.
Why this mattersInsurance companies fight hardest over non-economic damages because they are harder to quantify than medical bills. A serious injury that prevents a San Antonio grandparent from picking up their grandchildren has profound non-economic consequences. We document the human impact carefully and present it credibly to juries.
Non-Trucking Liability (NTL)
Insurance covering owner-operator truckers when the truck is not being used for business. Sometimes called “bobtail insurance.” Creates potential coverage gaps when an off-duty driver crashes while running personal errands.
Why this mattersNTL coverage matters when a truck driver crashes while off-duty. The commercial policy may exclude the loss, leaving NTL or a personal policy as the only source of compensation. We trace every coverage layer to find the policy that pays.
Notice Requirements
Statutory deadlines requiring formal notice to a government entity before filing a lawsuit. The Texas Tort Claims Act generally requires notice within six months, though specific cities and entities can have shorter deadlines as short as 60 to 90 days.
Why this mattersMiss the notice deadline and the case dies, regardless of how strong the facts are. When a city vehicle or government employee causes a crash in San Antonio, we send written notice well within the deadline. This is one of those situations where waiting to call a lawyer can cost everything.
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Out-of-Service Order
A federal order that takes a commercial vehicle or driver off the road because of serious safety violations discovered during an inspection. Issued under FMCSA authority. A history of out-of-service orders is significant evidence in negligent hiring and retention claims.
Why this mattersOut-of-service orders are not paperwork. They are federal regulators removing dangerous drivers and equipment from the highways. A carrier with multiple OOS orders in its recent history was warned, in writing, that it had a safety problem. We pull these records on every commercial truck case.
Owner-Operator
An independent commercial driver who owns their truck and contracts with motor carriers to haul freight. Usually classified as a 1099 independent contractor rather than an employee. Creates coverage and liability complexity in serious crash cases.
Why this mattersCarriers often try to argue that an owner-operator’s actions cannot be attributed to them because the driver was an independent contractor. Federal law and the lease agreement often say otherwise. The statutory employee doctrine closes many of those loopholes. We push past the contractor label to find the responsible party.
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Paid and Incurred (§41.0105)
A Texas statute under Civil Practice and Remedies Code Section 41.0105 that limits recoverable medical damages to amounts that were actually paid or required to be paid for medical care. Modifies the traditional collateral source rule.
Why this mattersThis rule alone has shifted billions away from Texas injury victims. A hospital may bill $100,000 and accept $30,000 from health insurance as full payment. In a Bexar County courtroom, only $30,000 is recoverable. The “billed amount” that insurance companies cite to anchor low offers is often legally irrelevant. We know how to navigate Section 41.0105 to protect every recoverable dollar.
Pain and Suffering
Compensation for the physical pain and emotional distress caused by an injury. A category of non-economic damages. No calculator produces the number. Juries decide based on severity, duration, and impact on the victim’s life.
Why this mattersPain and suffering damages are where insurance companies fight hardest and trial lawyers earn their fees. We document the daily reality of the injury: missed activities with family, sleepless nights, lost confidence behind the wheel, lost ability to do work you used to enjoy. Texas damage caps apply only in medical malpractice cases. Read more about how Texas tort reform damage caps work in personal injury cases.
Paralegal
A trained legal professional who supports attorneys with case work, including drafting documents, managing records, and communicating with clients. Not a lawyer and cannot give legal advice or appear in court.
Why this mattersParalegals do real work and can be invaluable. The problem comes when a firm’s clients only talk to paralegals and never to the attorney. At Trevino Injury Law, you have direct access to your lawyer. Paralegals and case managers support the work. The attorney handles the case.
Per-Person / Per-Occurrence Limits
Auto liability policies usually list two numbers: the maximum payable for one person’s injuries and the maximum payable for all injuries from a single accident. A $30,000 / $60,000 policy pays a single injured person no more than $30,000, with $60,000 as the total cap for everyone hurt.
Why this mattersUnderstanding how policy limits split among multiple injured people changes settlement strategy. When several family members are hurt in a single San Antonio crash, the per-occurrence limit forces a difficult allocation among them. We investigate every coverage source so the most seriously injured do not get shortchanged.
Personal Injury Protection (PIP)
No-fault medical and wage-loss coverage on a Texas auto insurance policy. Pays medical bills and a portion of lost wages regardless of fault. Texas requires insurers to offer PIP, but consumers can reject it in writing.
Why this mattersPIP is YOUR coverage and you can use it immediately, even before fault is determined. It typically pays out within weeks instead of months. Most insurers do not assert subrogation against PIP benefits the way they do against health insurance. Check your declarations page after every crash.
Plaintiff
The injured person who brings the lawsuit. If a lawsuit is filed in your case, you are the plaintiff.
Policy Limits
The maximum amount an insurance policy will pay out for a covered claim. Texas minimum auto liability is just $30,000 per person and $60,000 per accident. Most catastrophic injuries exceed those limits in a single ER visit.
Why this mattersPolicy limits set the realistic ceiling on what an insurance claim can recover from one source. When the at-fault driver has minimum coverage and your damages run into six or seven figures, the case shifts to finding additional sources: umbrella policies, employer coverage, UM/UIM, and excess layers. We investigate every available coverage source.
Policy Limits Demand
A formal settlement demand for the full amount of the at-fault party’s available insurance coverage. Often combined with Stowers principles to create the leverage that produces a fair payment.
Why this mattersA properly documented policy limits demand puts the insurance company on notice. Reject it unreasonably, and the carrier can be exposed to liability for amounts beyond the policy limits if a jury later returns a higher verdict. This is the strategic foundation of serious personal injury negotiation in Texas.
Post-Accident Drug and Alcohol Test
Federally required testing of a commercial driver following a qualifying crash. Required within specific time windows by FMCSA regulations. Failure to test or a positive result has major liability implications.
Why this mattersA trucking carrier that failed to perform required post-accident testing handed the plaintiff a serious credibility problem. A positive test result opens the door to exemplary damages. We pull these records on every commercial vehicle case in Bexar County and across South Texas.
Post-Concussion Syndrome
Persistent symptoms following a concussion: headaches, dizziness, memory problems, mood changes, light sensitivity, and cognitive difficulties. Can last months or years. Often dismissed by insurance companies despite being a real medical diagnosis.
Why this mattersPost-concussion symptoms can ruin careers and relationships even after the original concussion seemed “mild.” Document every symptom. Get follow-up neuropsychological testing. Insurance adjusters dismiss undocumented post-concussion claims as exaggeration. Documented ones become credible damages.
Pre-Existing Condition
A medical issue the injured person had before the crash. Insurance companies routinely use pre-existing conditions to argue current pain is unrelated to the new injury. Texas law protects victims through the eggshell plaintiff rule and the aggravation doctrine.
Why this mattersThe insurance company will dig through twenty years of your medical records looking for anything they can point to as a “pre-existing” cause. Texas law is clear: defendants take their victims as they find them, and aggravation of a prior condition is still compensable. We do not let insurers use the past to deny what their insured did to you.
Pre-Litigation
The stage before a lawsuit is filed, when the case is being investigated, the client is being treated, and the demand is being prepared. Many serious cases settle in pre-litigation when the demand package is strong enough.
Why this mattersPre-litigation is where settlement mills do most of their work. They build minimal demands, accept early offers, and close files fast. Trial-ready firms use pre-litigation to build the case as if it is going to trial. The result shows up in the offer.
Premises Liability
A property owner’s legal duty to keep visitors reasonably safe from foreseeable hazards. Covers slip and falls, inadequate security claims, swimming pool incidents, parking lot assaults, and other on-property injuries. Texas premises liability law turns largely on the visitor’s status: invitee, licensee, or trespasser.
Why this mattersProperty owners across San Antonio have a duty to inspect for and fix dangerous conditions on their premises. When they fail and someone gets hurt, the case turns on whether the danger was foreseeable. Read more about how we handle San Antonio premises liability cases.
Preponderance of the Evidence
The civil burden of proof in Texas personal injury cases. The plaintiff must show that their version of the facts is more likely true than not, often described as 50.01% confidence. A lower standard than the “beyond a reasonable doubt” standard in criminal cases.
Primary Coverage
The first layer of insurance that responds to a covered claim. Pays out before any excess or umbrella policies become available. Often $1 million in commercial trucking.
Product Liability
Legal responsibility for injuries caused by defective products. Applies to manufacturing defects, design defects, and failures to warn. Common subcategories include vehicle crashworthiness, tire failure, airbag defects, and industrial equipment failures.
Why this mattersWhen a defective tire blows out on Loop 1604, or an airbag fails to deploy in a crash on I-35, the vehicle or component manufacturer can become an additional defendant. Product liability claims open new coverage and new recovery for victims who survived crashes that were never supposed to happen the way they did. Read more about San Antonio product liability cases.
Prompt Payment of Claims Act
Texas Insurance Code Chapter 542. Requires insurers to acknowledge, investigate, and pay claims within set timeframes. Violations trigger 18% statutory interest plus attorney’s fees. Powerful tool against delaying insurers.
Why this mattersWhen your own insurer drags its feet on a first-party claim (UM/UIM, PIP, or property damage), the Prompt Payment Act punishes the delay. The 18% interest penalty alone changes their calculation. We use Chapter 542 to force timely payment on legitimate claims.
Property Damage Liability (PD)
The portion of an auto policy that pays for damage the insured causes to other people’s vehicles or property. Separate limit from bodily injury liability.
Proportionate Responsibility
The official Texas term for the comparative fault system codified in Chapter 33 of the Civil Practice and Remedies Code. The jury assigns a percentage of fault to each party. Recovery is reduced by the plaintiff’s percentage, and barred entirely if the plaintiff is more than 50% at fault.
Why this mattersInsurance adjusters work hard to push the plaintiff’s fault percentage above 50% because that defeats the entire claim under the Texas 51% bar rule. Every percentage point matters. We contest every fault allocation in negotiation and trial.
Proximate Cause
The legal test for whether a defendant’s conduct caused a plaintiff’s injuries. Under Texas law, proximate cause requires both cause in fact (the injury would not have happened “but for” the defendant’s conduct) and foreseeability.
Punitive Damages
Damages designed to punish particularly egregious conduct and deter similar future behavior. Texas law calls them “exemplary damages.” Available only when clear and convincing evidence proves gross negligence, fraud, or malice.
Why this mattersPunitive damages can substantially increase a verdict, but they have to be earned. A drunk trucker, falsified driver logs, or a carrier knowingly putting an unsafe driver on the road can all support exemplary damages. Read more about how Texas damage caps affect this category in different case types.
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Qualified Settlement Fund (QSF)
A court-approved account that holds settlement funds while details such as lien resolution, allocation among plaintiffs, or structured settlement planning are finalized. Authorized under IRS regulations.
Why this mattersQSFs give time to negotiate liens, plan structured settlements, and handle complex allocation issues without forcing premature payments. Particularly useful in catastrophic injury cases and multi-plaintiff matters.
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Radiculopathy
Nerve pain that radiates from the spine into an arm or leg, caused by nerve root irritation or compression. Sciatica is the most common type. Often a sign of herniated or bulging disc damage from a serious crash.
Why this mattersRadiculopathy is more serious than ordinary back pain because it indicates nerve involvement. Documented through EMG, nerve conduction studies, and MRI findings. Insurance companies cannot easily dismiss objective neurological evidence.
Recorded Statement
An audio-recorded interview the insurance adjuster requests, ostensibly to gather facts about the crash. In reality, a tool used to lock the injured person into a rigid version of events before they understand the full extent of their injuries.
Why this mattersAdjusters from Progressive Commercial, Great West Casualty, and Northland Insurance call within hours of an 18-wheeler crash to record your voice while you are still in shock. Never give a recorded statement to the at-fault party’s insurer. Anything you say can and will be used to attack your credibility later. Read more about why you should never give a recorded statement after a San Antonio 18-wheeler crash.
Release
A signed document at the end of a settlement giving up the right to bring any further claims related to the incident. Once signed, the case is closed forever, even if injuries get worse or new ones are discovered.
Why this mattersSign the release too early and you cannot come back if a traumatic brain injury, a herniated disc, or a permanent impairment surfaces months later. We never let our clients sign a release before reaching maximum medical improvement, and we review every release line by line for hidden indemnity or hold-harmless traps.
Remittitur
A judge’s reduction of a jury verdict deemed excessive. The plaintiff can accept the reduced amount or reject it and face a new trial. Rare but significant when it happens.
Requests for Admission
Written statements one party asks the other to admit or deny under oath. Used in discovery to narrow the issues and force the other side to concede uncontested facts. Failure to respond within the deadline can result in deemed admissions.
Requests for Production
Formal discovery requests for documents, photos, records, electronic data, and other physical or digital evidence. Used to obtain ECM downloads, driver qualification files, dispatch records, maintenance logs, and other critical proof.
Reservation of Rights
A letter from an insurance company saying it will investigate or defend a claim while reserving the right to later deny coverage. Often a warning that the insurer is searching for grounds to escape liability.
Why this mattersA reservation of rights letter does not mean denial, but it should never be ignored. We respond promptly with our own position and prepare for a possible coverage fight. Catching these letters early protects the case.
Respondeat Superior
Latin for “let the master answer.” The legal doctrine that holds employers vicariously liable for the negligent acts of employees committed within the course and scope of employment. The doctrine that often connects a trucking company’s deep pockets to a single driver’s negligence.
Why this mattersRespondeat superior is how we reach the carrier’s $10 million policy when the driver only has a $750,000 minimum. The carrier hired the driver, dispatched them, profited from their work, and is legally responsible for their negligence on the job. We build the employment relationship carefully through dispatch records, lease agreements, and pay records.
Rotator Cuff Tear
A tear in the group of tendons that stabilize the shoulder joint. Common in vehicle crashes when the seatbelt restrains the shoulder during impact, or when a driver braces against the steering wheel.
Why this mattersRotator cuff tears are often overlooked at the ER because they do not show on the standard X-rays. The pain and limited motion show up later. If you suffered a serious crash and have ongoing shoulder pain, an MRI is essential. Untreated rotator cuff tears can become permanent.
Round-Table
An internal insurance company meeting where supervisors, claims managers, and sometimes attorneys decide settlement value or settlement authority on a significant case. Generally not disclosed to the plaintiff.
Why this mattersBig cases get round-tabled before major offers go out. Knowing this is happening shapes negotiation timing. Insurance adjusters do not have unlimited authority. Patience and preparation force the round-table to come back with a higher number.
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SAFER
The FMCSA’s Safety and Fitness Electronic Records system. A free public database that lets anyone look up a commercial carrier’s safety history, inspection records, and crash history using its DOT number.
Why this mattersBefore we file suit against any trucking company, we pull the full SAFER report. A carrier with chronic safety violations, repeated out-of-service orders, and a documented crash history was warning the public for years. We use that record to build the case against them.
Sanctions
Court penalties for misconduct during litigation. Can range from monetary fines to having claims or defenses struck. Spoliation of evidence, discovery abuse, and frivolous filings can all trigger sanctions.
Why this mattersWhen a trucking carrier destroys ECM data or dashcam footage after receiving a preservation letter, sanctions can include a jury instruction that the destroyed evidence would have been unfavorable to the defendant. That instruction often changes the verdict. We document every act of spoliation and pursue every sanction the facts justify.
Satisfaction of Judgment
A formal court filing confirming that a judgment has been paid in full. Officially closes the case once entered.
Scene Preservation
Documenting the crash scene before evidence is lost. Skid marks fade. Debris gets cleared. Vehicles get towed. Witnesses leave. Speed matters in every serious crash investigation.
Why this mattersIn a serious 18-wheeler crash on Loop 410 or I-10 through San Antonio, the carrier’s rapid response team is dispatched within hours to document the scene their way. We get our own investigators out fast so the evidence is preserved through both sets of eyes, not just theirs.
Self-Funded Health Plan
An employer-sponsored health plan where the company pays claims directly rather than buying coverage from an insurer. Governed by federal ERISA law, not Texas state insurance law. Has stronger federal subrogation rights than fully-insured plans.
Why this mattersSelf-funded ERISA plans are some of the most difficult liens to reduce because federal preemption blocks many state-law defenses. We still negotiate, but knowing whether your plan is self-funded or fully-insured up front shapes the entire lien strategy.
Self-Insured Retention (SIR)
An amount a company pays out of its own pocket before insurance coverage kicks in. Common in large trucking operations where the carrier self-insures the first $250,000 to $1 million of any loss.
Why this mattersLarge carriers operating across I-35 and the Eagle Ford Shale region often carry SIRs that change the negotiation dynamic. The company writes the first big check, not the insurer. We investigate every layer because every layer is potential recovery.
Service of Process
The formal delivery of lawsuit papers to a defendant. Required by Texas Rules of Civil Procedure before the case can proceed. Defendants located out of state, evasive defendants, and corporate defendants all require careful service planning.
Settlement
An agreement to resolve the case for a defined payment, ending the dispute. Most personal injury cases settle. The question is rarely whether a case will settle, but when and for how much.
Why this mattersThe quality of a settlement depends entirely on the credibility of the lawyer pushing for it. Settlement mills get settlement-mill offers. Trial-ready firms get trial-ready offers. The same case is worth different numbers in different hands.
The maximum dollar amount an adjuster can offer without supervisor approval. When the adjuster says “this is all I can do,” they usually mean “this is all I am authorized to offer today.” Supervisors and committees can approve more.
Why this mattersKnowing how insurance authority works shapes negotiation strategy. We do not accept the line that the first offer is the last offer. Push back, document damages, and the authority gets raised. Settlement mills accept the first authority number. We make the carrier earn its position.
Settlement Mill
A high-volume law firm that markets aggressively, signs hundreds of clients, and settles cases quickly for low values rather than litigating. Generally avoids the courtroom at all costs. Insurance companies know which firms operate this way and price offers accordingly.
Why this mattersInsurance adjusters track the firms that go to trial and the firms that fold. When a settlement mill appears on a case file, the offer comes in low because the carrier knows the firm will accept it to close the file fast. Read more about trial lawyers versus settlement mills in Texas and why the difference shows up in your check.
Settlement Statement
The itemized breakdown showing the gross settlement, the attorney’s fee, case costs, medical bills paid, liens resolved, and the net amount to the client. Reviewed and signed before disbursement.
Why this mattersEvery client should review the settlement statement carefully before signing. Ask about every line. We provide a clear breakdown so you know exactly where every dollar goes.
Shipper
The company that owns the freight being transported by a commercial carrier. Can share liability with the carrier when the shipper pushed an unsafe carrier or imposed unrealistic delivery schedules.
Short-Haul Exemption
A limited FMCSA exemption from certain ELD and hours-of-service recordkeeping requirements for drivers operating within 150 air miles of their work location and returning daily. Often misused by carriers seeking to avoid full HOS scrutiny.
Why this mattersWhen a carrier claims short-haul exemption, we verify the claim against actual route data. Many claimed short-haul exemptions do not survive scrutiny once GPS and dispatch records are pulled. The exemption goes away. The HOS rules come back. So does the liability.
Soft Tissue Injury
Injury to muscles, tendons, and ligaments that does not show up on standard X-rays. Whiplash and other neck and back strains are common examples. Often dismissed by insurance adjusters as minor.
Why this mattersSoft tissue injuries are real injuries even when imaging looks clean. Whiplash from a rear-end crash on I-35 can produce headaches, chronic neck pain, and disc problems that surface months later. Document the symptoms early, attend every appointment, and let the medical evidence speak.
Spinal Fusion
Surgery to permanently join two or more vertebrae using bone graft, plates, and screws. Major procedure with significant recovery time and permanent restrictions on movement. Often required after severe disc damage from high-impact crashes.
Why this mattersSpinal fusion can mean six figures in surgical costs alone, plus rehabilitation, lost work, and lifetime impairment. Insurance companies fight hard against fusion claims because of the dollar amounts involved. We build the medical and damages case carefully when fusion is on the table.
Spoliation
The destruction, alteration, or failure to preserve evidence that should have been kept. Texas courts can impose sanctions ranging from adverse inference instructions to striking defenses. Particularly important in trucking cases where black box data can be overwritten in days.
Spoliation Letter
A formal legal notice demanding that the other side preserve all evidence relevant to the case, including ECM data, dashcam footage, driver logs, dispatch records, maintenance records, and electronic communications. The critical first step in any serious commercial vehicle case.
Why this mattersWe send a spoliation letter within 48 hours of taking a serious 18-wheeler case. Wait too long and the black box gets overwritten, the dashcam footage gets erased, and the dispatch records get archived beyond easy retrieval. Settlement mills wait for the police report. By then the evidence is gone. Read more about how a spoliation letter protects 18-wheeler black box data in Texas.
Statute of Limitations
The legal deadline for filing a lawsuit. In Texas, most personal injury claims must be filed within two years of the date of injury under Civil Practice and Remedies Code Section 16.003. Miss the deadline and the case is barred forever.
Why this mattersThe two-year deadline is the most important date in your case. It does not stop because you are still treating, still negotiating, or still hoping the insurance company will be reasonable. It runs from the date of injury. We track every limitations period on every case and file suit before the deadline if settlement is not imminent.
Statutory Beneficiaries
The specific family members Texas law allows to bring a wrongful death claim. Limited to surviving spouses, children, and parents under Civil Practice and Remedies Code Chapter 71. Siblings, grandparents, and unmarried partners generally cannot bring wrongful death claims.
Why this mattersThe list of eligible beneficiaries shapes the entire wrongful death case. We identify every qualifying family member and make sure their individual losses are documented and presented as part of the claim.
Statutory Employee Doctrine
A federal rule that treats leased commercial drivers as employees of the motor carrier for liability purposes, even when the driver is technically classified as an independent contractor. Closes the loophole carriers try to exploit through independent contractor classifications.
Stowers Demand
A Texas-specific settlement demand sent within policy limits that, if unreasonably rejected by the insurer, can expose the insurance company to liability for the full jury verdict, even when that verdict exceeds the policy limits. Based on G.A. Stowers Furniture Co. v. American Indemnity Co.
Why this mattersA properly executed Stowers demand is one of the most powerful pre-trial weapons a Texas plaintiff’s lawyer has. It forces the insurer to either pay policy limits or risk paying everything. In Jose Simon Arriaga Jr.’s case, the insurer offered $5,000 to settle a low back injury claim from a South Texas car crash. We took the case to a jury and walked out with a $536,007 verdict. That is 107 times the offer. The Stowers framework is what made it possible. Read more about how a Texas Stowers Demand forces insurance adjusters to pay policy limits.
Structured Settlement
A settlement paid out in scheduled installments over time rather than as a single lump sum. Often funded by an annuity. Useful for catastrophic injury cases, minors, and clients who want guaranteed long-term income. Tax-free in most cases under federal law.
Why this mattersStructured settlements protect catastrophically injured clients from outliving their recovery. A 30-year-old San Antonio client facing decades of future medical care may benefit from guaranteed payments scheduled to match future expenses. We discuss structuring options when the size of the settlement and the medical picture justify it.
Subdural Hematoma
Bleeding between the brain and its outer protective covering. A life-threatening traumatic brain injury common in serious crashes. Requires emergency neurosurgery in many cases. Survivors often face significant long-term impairment.
Why this mattersSubdural hematoma after a crash near University Hospital or Methodist Hospital often means emergency surgery, ICU care, and a fight for survival. Damages in these cases run into the millions when properly documented. Life care planning is essential.
Subpoena
A court order compelling a person to produce documents, give testimony, or both. Used in discovery to obtain evidence from non-parties: employers, phone companies, social media platforms, hospitals, and other entities holding relevant records.
Subrogation
The legal right of a health insurer, workers’ compensation carrier, or other entity to be reimbursed from a settlement for medical bills or other benefits paid on the injured person’s behalf. A major factor in net recovery calculations.
Why this mattersSubrogation claims can consume a significant portion of recovery if not properly negotiated. Texas doctrines like the made-whole rule and the common fund doctrine can substantially reduce or eliminate these claims. We treat lien negotiation as serious legal work, not paperwork. The result shows in the net check.
Summary Judgment
A pretrial ruling that resolves a case or specific issues without a trial because the material facts are undisputed. Defense motions for summary judgment are routine in serious cases. Granting one against the plaintiff ends the case before the jury hears it.
Survival Action
A claim that survives the victim’s death, covering pre-death pain and suffering, medical bills, and funeral expenses. Separate from a wrongful death claim, though both can arise from the same incident. Brought by the estate, not the surviving family members directly.
Why this mattersSurvival actions and wrongful death claims often run together but cover different losses. The survival action covers what the victim suffered before dying. The wrongful death claim covers what the family lost going forward. Both deserve full development in catastrophic fatal-crash cases.
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Traumatic Brain Injury (TBI)
Any traumatic injury to the brain, ranging from mild concussion to severe diffuse axonal injury. Can produce cognitive, behavioral, and physical impairments that last a lifetime. One of the most common catastrophic injuries in serious vehicle crashes.
Why this mattersTBI symptoms are often invisible. Memory problems, mood changes, fatigue, and slowed thinking can ruin careers and relationships even when the patient “looks fine.” Document every symptom. Get neuropsychological testing. Read more about the lifetime impact of catastrophic 18-wheeler truck injuries in San Antonio. The carrier’s defense will try to minimize what they cannot see. We make sure the medical evidence makes it impossible to ignore.
Telematics
Vehicle data systems that track location, speed, braking, acceleration, and operator behavior in real time. Common in modern commercial fleets and increasingly in consumer vehicles. Powerful evidence source when preserved.
Why this mattersTelematics data can prove a trucker was speeding on I-37, hard-braking before impact, or off-route at the time of a crash. We demand telematics data preservation alongside ECM and dashcam data in every commercial case.
Texas Tort Claims Act (TTCA)
Texas Civil Practice and Remedies Code Chapter 101. The statute that allows limited claims against the State of Texas and local governmental units for certain negligent acts. Caps damages at $250,000 per person and $500,000 per occurrence against the state, with separate limits for cities and other entities.
Why this mattersWhen a city vehicle, school bus, or other government vehicle causes a crash in San Antonio, the TTCA changes everything. Strict notice deadlines apply, damages are capped, and certain claims are barred outright. Read more about how Texas tort reform shapes recovery in different case types. We meet the notice deadlines, plead around the immunity defenses, and pursue every available avenue.
Third-Party Claim
A claim against someone other than your own insurance company. Most personal injury claims are third-party claims because they target the at-fault driver’s liability insurance. Different from a first-party claim against your own UM/UIM, PIP, or MedPay coverage.
Time-Limited Demand
A settlement demand with a specific expiration date, often used in combination with Stowers principles. Creates pressure on the insurance company to accept policy limits or risk bad-faith exposure if a later verdict exceeds the limits.
Why this mattersTime-limited demands force decisions. Insurance companies cannot sit on the demand indefinitely, hoping the plaintiff will lose interest or settle for less. The deadline focuses minds. Sophisticated Texas trial lawyers use this tool strategically when the facts support it.
Tolling
Pausing the statute of limitations clock under certain Texas legal doctrines. Common tolling situations include minor plaintiffs, mental incapacity, and certain fraud cases. The deadline resumes once the tolling condition ends.
Why this mattersFor minor plaintiffs in Texas, the two-year limitations clock generally does not start until the child turns 18. That means a child injured today may have until age 20 to file. We never rely on tolling without confirming the law fits the facts, but it can preserve cases that otherwise look time-barred.
Tort
A civil wrong that causes harm to another person, giving the injured party the right to sue for damages. Different from a crime. Personal injury cases are tort cases.
Trailer Interchange Coverage
Insurance covering trailers a carrier uses but does not own, common when carriers swap trailers under interchange agreements. Important when a crash involves a non-owned trailer attached to a carrier’s tractor.
Trial Lawyer
A lawyer who actually tries cases to juries, not just settles them in pre-litigation. The defense bar and the insurance industry both know which firms try cases and which firms fold. Initial offers reflect that knowledge.
Why this mattersAfter 80-plus jury trials and over 20 years of trial work, Trevino Injury Law is on the short list of San Antonio firms that the defense knows will go to verdict. That reputation translates into better offers across every case, even the ones that ultimately settle. Read more about trial lawyers versus settlement mills and why the difference matters to your case.
Treating Physician
Your own doctor who has actually provided medical care for your crash injuries. Different from an IME doctor hired by the insurance company. Treating physician opinions generally carry more weight at trial because they are based on actual care, not a single examination.
Why this mattersContinuity of care matters. Skipping appointments or jumping between providers gives insurance companies room to attack the medical case. Stay with your treating physician, follow their plan, and document everything. We work with treating doctors to make sure their records reflect what the patient actually experienced.
Trespasser
A person on property without permission. Under Texas premises liability law, property owners owe trespassers the lowest duty of care: generally only the duty to refrain from willful or wanton injury. Exceptions apply for children under the attractive nuisance doctrine.
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Uninsured / Underinsured Motorist Coverage (UM/UIM)
First-party coverage on a Texas auto policy that pays when the at-fault driver has no insurance or not enough insurance. Insurers must offer UM/UIM, but consumers can reject it in writing. Critical protection in a state with significant uninsured driver populations.
Why this mattersWhen the at-fault driver carries minimum or no insurance, UM/UIM is often the only meaningful source of recovery. In Jackie Galindo’s case, after a rear-end crash and broadside by a truck, the at-fault driver’s insurer offered less than $20,000. The case ended at over $1.25 million through aggressive UM/UIM litigation and policy stacking. Check your own policy after every crash. Your own coverage may be the most valuable asset you have.
Umbrella Policy
A personal or business policy providing additional liability coverage above existing auto and homeowner policies. Common among wealthy individuals and commercial operators. Often overlooked as a source of recovery in serious cases.
Why this mattersAn umbrella policy can add $1 million to $5 million of coverage above the primary auto policy. When a serious crash exceeds the primary limits, the umbrella becomes critical. We investigate every household and business policy in serious cases because hidden coverage is unpaid coverage.
Underride Crash
A crash in which a passenger vehicle slides under the side or rear of a commercial trailer. Often fatal because the impact strikes at the level of the occupants’ heads. Federal regulations require underride guards, but the standards are inadequate and many trucks remain dangerous.
Why this mattersUnderride crashes on dangerous corridors like I-35 and Loop 1604 in San Antonio remain a leading cause of catastrophic and fatal trucking injuries. We investigate guard compliance, design standards, and maintenance records on every underride case. Read more about the most dangerous roads and intersections for 18-wheeler accidents in San Antonio.
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Verdict
The jury’s decision after a trial. Can be higher than the last settlement offer, lower than it, or anywhere in between. The verdict produces the judgment, which becomes enforceable and starts accruing post-judgment interest.
Why this mattersThe threat of a verdict is what drives serious settlement offers. Insurance companies that face the prospect of a real jury trial pay more than insurance companies dealing with firms that always settle. The verdict, even when it does not happen, is the pressure that produces fair compensation.
Vicarious Liability
Legal responsibility imposed on one party for the actions of another, typically an employer for an employee’s negligence committed within the course and scope of employment. Foundational doctrine in trucking cases.
Why this mattersVicarious liability is the bridge from a driver’s negligence to a carrier’s deeper pockets. The doctrine matters most when the driver has limited personal coverage but the carrier has substantial layered insurance. Building the employment relationship through dispatch records and pay records is essential.
Voir Dire
The jury selection process. Each side questions potential jurors to identify bias and decide who will hear the case. Both sides have a limited number of peremptory strikes plus unlimited strikes for cause.
Why this mattersVoir dire is where the trial actually begins. Picking the right Bexar County jurors for a serious case requires preparation, intuition, and trial experience. After 80-plus jury trials, we know what to look for and what to listen for in the responses.
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Whiplash
A neck injury caused by sudden back-and-forth movement, common in rear-end crashes. Damages the soft tissues of the cervical spine. Often dismissed by insurance companies as minor despite producing chronic pain, headaches, and long-term limitations.
Why this mattersWhiplash is real, even when imaging looks normal. A driver rear-ended on San Pedro Avenue or Bandera Road can develop chronic neck pain that affects sleep, work, and daily activities for years. Document everything from the start. Insurance companies aggressively dispute undocumented whiplash claims.
Workers’ Compensation
A no-fault system providing limited medical and wage-loss benefits to employees injured on the job. Bars most direct lawsuits against the employer in exchange for guaranteed benefits. Does not bar lawsuits against negligent third parties.
Why this mattersIf you were injured on the job in a vehicle crash on I-10 or anywhere else, workers’ comp may cover initial bills, but the at-fault third-party driver remains fully liable. Many South Texas oilfield and construction workers have both a workers’ comp claim and a third-party injury case running in parallel. We coordinate both tracks to maximize total recovery.
Work Product Doctrine
A legal protection for materials a lawyer prepares in anticipation of litigation, including notes, memos, expert communications, and strategy documents. Distinct from attorney-client privilege but often works in tandem with it.
Wrongful Death
A claim brought by qualifying family members when negligence causes a loved one’s death. Governed in Texas by Civil Practice and Remedies Code Chapter 71. Recoverable damages include lost earnings, loss of companionship, mental anguish, loss of household services, and loss of inheritance.
Why this mattersWrongful death cases are the most consequential matters a personal injury firm handles. In an 18-wheeler wrongful death case involving multiple fatalities, we secured a $17 million settlement before trial. That recovery did not undo what the family lost. Nothing could. What it did was secure financial stability for the survivors and force accountability on the carrier whose negligence caused the deaths. Read more about how we approach San Antonio wrongful death cases.
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