San Antonio Medical Malpractice & Personal Injury Lawyers
The Legal Representation You Need. The Personalized Service You Deserve.

Frequently Asked Questions

Answers from Our San Antonio Personal Injury Attorneys

Have you been injured in an accident? If so, you probably have a lot of questions about what to do next. Should you choose to pursue a lawsuit against the person responsible for your injuries, you can count on Maloney Law Group, P.L.L.C. to provide aggressive representation and guidance as you navigate the legal process. Below, we have answered some of the questions we are asked most often when helping injured clients.

If you still have questions after reading our FAQ, do not hesitate to contact us at (210) 361-2997. We look forward to assisting you and scheduling your initial consultation.

Will setting up a consultation with your firm cost me money?

No. We will never charge for an initial consultation meeting.

What should I bring to our initial meeting?

Please bring any documents, photos, and reports that may assist in investigating your claim. If you are the victim of a car accident, you may want to bring the police report, photos, statements, your insurance information, witness information, and medical records. If you have been the victim of medical malpractice, you may want to bring medical records, photos, a short written recount of what happened, business cards/contact information identifying the negligent parties, and powers of attorney/wills if there was a wrongful death.

What happens if you decide to take my case?

We will begin an investigation to determine whether we will be able to proceed with your claims. If we are able to proceed with your claims, we will gather all the relevant information required to file a lawsuit on your behalf.

What happens after the lawsuit is filed?

We will begin litigating your case. Quite often, this means gathering additional information and conducting depositions of the witnesses and parties to the case. We will also appear at hearings necessary to continue moving your case forward in court.

Will my case go to trial?

Every case is different. Before trial, the courts require that all parties mediate claims in front of a neutral party. Some cases resolve in mediation, some later, some not at all. Those that are not resolved continue to trial.

What is mediation?

Mediation is a time when all relevant parties sit down and try and resolve their claims with a neutral third party’s assistance.

Will the attorneys hold those negligent parties responsible?

As personal injury attorneys working in the civil court system, we pursue monetary recoveries for the injuries suffered on behalf of our client. Civil claims do not allow for our firm to pursue specific performance by a private company. For instance, if a facility did not operate reasonably, we cannot simply request that the business be shut down. However, our verdicts/settlements can lead to institutional changes that can benefit the community.

What will my recovery look like?

Recovery in personal injury claims is very dependent on the injury. It is important to know that there are also many limitations on recovery in Texas. For example, there are a number of caps for those parties injured as the result of medical malpractice.

If I do not have recourse to pursue a case, is there anything else I can do?

Yes. It depends on the case, but there are a number of state agencies that police negligent parties within the state of Texas. You may be able to file a complaint with one of these agencies.

What is arbitration?

Arbitration is a forum where a third party neutral arbitrator takes the role of judge. In place of exercising your right to a jury trial and presenting your claims in front of a judge, your claims will be decided by a neutral arbitrator. The arbitrator hears the case and makes the final decision regarding your claims.

What are the advantages and disadvantages of arbitration?

Arbitration may be a faster forum for concluding your claims.

However, you will lose your right to a jury trial. Arbitrating may become prohibitively costly, as an arbitrator’s time must be compensated as a cost of litigation. The decision of the arbitrator may be a final conclusion to your claims. Differing procedural rules may apply than those in Texas trial courts. The arbitrator may be unduly influenced — an arbitrator may be chosen out of a pool of arbitrators with ties to private insurers; health organizations; or pro-business organizations.

Are my claims subject to arbitration?

Maybe. The courts in the United States and Texas heavily favor arbitration. Determining whether arbitration applies would require an investigation into those documents signed, those person(s) involved in executing those documents, the terms of arbitration, and the relevant circumstances surrounding the execution of the arbitration agreement. To determine whether arbitration may apply to your potential claims, it is important to seek counsel familiar with arbitration agreements and the relevant jurisprudence.

  • Super Lawyers 2021 - Rising Star Award
  • Top Personal Lawyer (Plaintiff) - Erica Maloney
  • Top Personal Lawyer (Plaintiff) - Byron Bruce Miller
  • Multi Million Dollar Advocate Forum
  • Board Certified Texas Board of Legal Specialization
  • Million Dollar Advocates Forum
  • Avvo
  • Best Lawyers S.A. Scene 2015
  • Best Lawyers S.A. Scene 2014

Client Testimonials

  • “He is a true blessing, extremely professional, respectful, knowledgeable, dedicated, organized, hardworking and dependable.”


  • “Honest, attentive, and actually cares about YOUR maximum profit”


  • “We will forever be grateful for the quality service, knowledge, professionalism this team posed during our journey.”


  • “I had the pleasure of working with Erica, Byron and Mike.”

    Cynthia D.

  • “Erica Maloney and the firm were very compassionate.”

    Bonnett Family

  • “The “Best” Maloney Law Group”

    Nitch Campos

  • “Your lawyer skills are top-notch!”

    Richard L.

  • “He was always very respectful and professional. He always made time for us when we had questions regarding our case.”

    Shauna S.

  • “You are truly a professional firm.”

    Barbara V.

  • “Impressive, professional and honest!”

    Dolores Guerra

  • “He is a total professional. I would hire him again and recommend his services. Mr. Miller is an asset to his partners.”


What Makes Maloney Law Group Unique?

  • Boutique
    Law Firm

    You will receive personalized and dedicated attention.

  • Family

    Been a part of the San Antonio Community for decades.

  • Experienced & Prepared

    We are equipped to handle the most complex cases.

  • Reputation for Success

    We have earned a reputation for relentless advocacy.