If you were injured on someone else’s property, you may be able to file a claim to recover your expenses and lost wages. A Pasadena personal injury lawyer from D. Miller & Associates, PLLC, may be able to help with your case.
We offer legal services for people with injuries on residential or commercial property. Contact our law office today at 713-850-8600 to speak with a team member.
Premises Liability in the State of Texas
The first element of a premises liability case is establishing that you had a legal right to be on the property. Your visitor status may affect your ability to pursue a recovery.
Under Texas law, there are three general categories under which a person falls when on somebody else’s property:
You Were a Public Invitee
The property owner operates an establishment that is open to the public. The owner must maintain a hazard-free property to keep guests or visitors safe and inform them of any hazards on the premises.
If you were an invitee, the property owner owed you a duty of care. If you were hurt on the property, you may be able to file a claim.
You Were a Licensee
A homeowner may have invited you to the property for a social gathering, or a business owner may have explicitly invited you to his or her business. The owner must maintain a safe property and inform you of potential hazards on the premises.
If you were a licensee, the property owner owed you a duty of care. You may be able to file a claim if you were hurt on the property.
You Were a Trespasser
The property owner either did not permit you to be on the property or was unaware that you were there. Thus, you entered the property illegally.
If you were a trespasser, the property owner generally does not owe you a duty of care.
However, if we can establish that the property owner intended to harm you while you were on the property, you may be able to file a claim.
Establishing Who Was at Fault for a Premises Liability Case
If we represent you, our priority in ensuring your recovery from your injuries is establishing that the property owner was at fault. The property owner may have been negligent or reckless or failed to create a safe environment for you and other guests.
If so, an attorney from D. Miller & Associates, PLLC, can help you file your claim to pursue a recovery.
Here are some ways we will assist you in your premises liability case:
- Analyze the scene of the accident and gather evidence.
- View all necessary documents, such as police reports or medical records.
- Engage with medical experts and the insurance company.
- Attempt to settle with the property owner and their insurance company.
- Present your case in a Texas court, if necessary.
Contact our law office today at 713-850-8600 to schedule a free case evaluation.
Recoverable Damages in a Premises Liability Claim
After a serious injury on another party’s property, you may experience many expenses and losses. Some of your damages include the following:
Medical Expenses
Medical expenses typically include emergency room visits, surgery, rehabilitation, physician visits, medication, etc.
Long-Term Medical Care
Your recovery may require long-term care, such as physical therapy, medications, or outpatient services.
Lost Wages & Earning Capacity
If you had to miss work due to your injuries, we may be able to help you recover your lost wages, commission, and benefits. If you cannot return to work or must take a lower-paying job, you may be able to recover compensation for the loss of earning capacity.
Pain and Suffering
You may qualify to recover compensation for noneconomic damages like pain and suffering, emotional distress, loss of quality of life, and more.
These may not be the only damages that are recoverable. If you were hurt on another’s property, call D. Miller & Associates, PLLC.
For a free case evaluation from D. Miller & Associates, PLLC, call 713-850-8600.
Time Limits to File a Premises Liability Claim
The statute of limitations on most personal injury cases is two years in Texas. This means that under Texas law, you only have two years to file a lawsuit for a premises liability accident in most cases. If you fail to file your lawsuit within that time period, you may be unable to take legal action.
So, act quickly if you suffer serious injuries on another party’s property. Call us today to set up a free case evaluation.
Call for a Free Case Evaluation With D. Miller & Associates, PLLC
If you were injured on someone else’s property, D. Miller & Associates, PLLC, may be able to help. Get a free, no-obligation consultation with our firm.
For a free evaluation of your case, call 713-850-8600.
