Under Texas law, property owners must keep their property free from unreasonable hazards that might injure guests, contractors, customers, or others who visit the property legally. If they fail to do so, the victim might be eligible to file an insurance claim or personal injury lawsuit against them and hold them accountable for their negligence.
If you sustained injuries on someone else’s property, a premises liability lawyer in Cypress, TX, might be able to help. At D. Miller & Associates, PLLC, we can help you understand if you have a viable case against the property owner or occupier. We might be able to help you recover compensation to pay your medical bills, cover lost wages, and reimburse you for other expenses and losses. We handle these cases on a contingency fee basis. You owe us nothing until we resolve your case.
Recoverable Damages If We Win Your Cypress Premises Liability Case
We cannot give you an accurate value for how much your case might be worth until we complete an investigation and understand the full nature of your damages. However, we can help you understand the types of damages we often recover for our clients in a successful premises liability case.
While each case is different and you might not have suffered all of these damages—or you could have expenses or losses not on this list—this should give you a good idea of the types of recoverable damages if we can win a payout in your case.
Some of the most common types of damages we recover include compensation for:
- Medical treatment and related expenses;
- Ongoing care costs;
- Lost wages;
- Diminished earning capacity;
- Loss of household support;
- Replacement of any damaged personal property;
- Out-of-pocket expenses related to the accident or your injuries;
- Pain and suffering damages;
- Mental anguish;
- Other emotional damages; and
- Wrongful death damages, if your family member died in a premises liability accident.
If we take your case to court, we might also be able to request punitive damages. These damages go above and beyond your compensatory damages. Punitive damages punish the liable party for an intentional or particularly reckless act that caused your injuries.
Property Owner Negligence and Liability
Any time a property owner was aware or should have been aware of an unreasonable hazard but took no action to protect others from harm, they might be liable for the injuries that result. Numerous accidents could fall under the umbrella of premises liability law. Some of the most common we handle occur when:
- A spill or another slick surface leads to a slip and fall;
- An uneven surface, item in the walkway, or unmarked step leads to a trip and fall;
- Unmarked holes, poor lighting, or other conditions cause a fall hazard;
- Dogs are allowed to run free, leading to a dog bite;
- Swimming pools are unsecured, allowing injuries to happen;
- A trampoline is accessible to children; or
- An electrical system poses a shock hazard.
We fight aggressively for each of our clients. If you decide to work with us, we will build a strong case to support the insurance settlement or court award we believe you deserve. To this end, we fully investigate every case we handle. Our process includes:
- Collecting police reports and other official documents;
- Identifying, collecting, and analyzing any available evidence;
- Collecting and analyzing any video of the incident;
- Reviewing witness statements and interviewing witnesses;
- Surveying the scene and documenting the hazard when possible;
- Analyzing the evidence to prove the property owner’s negligence and liability;
- Enlisting the help of experts and specialists, as necessary; and
- Collecting your bills, receipts, and other documentation of your damages.
Understanding the Texas Premises Liability Claims Process
To try to get the compensation you need, we usually begin by sending a demand letter to the property owner’s insurance company. This letter states our intent to file a claim based on their homeowner’s insurance or their business liability insurance policy.
Our letter will explain:
- The evidence we have obtained of the unreasonable hazard and your accident;
- Proof that the policyholder knew about or should have known about it;
- Proof you were not trespassing at the time of your injury; and
- Documentation of your full range of damages.
In some cases, this letter opens the door for settlement negotiations. We are usually able to negotiate a fair agreement for our clients at this point in the process.
However, if the insurance company denies the claim or will not agree to a settlement that covers your full range of losses and expenses, we may need to litigate your case. Texas state law gives us two years from the date you sustained your injuries to file a personal injury lawsuit against a property owner in a premises liability case. It is crucial that we act quickly before this statute of limitations expires.
Talk to a Premises Liability Lawyer in Cypress About Your Injuries
At D. Miller & Associates, PLLC, our Cypress premises liability team will evaluate your case and help you understand your options for compensation during your free initial consultation. If we believe you have a strong case against the property owner, we will handle your claim on a contingency basis. We will help you fight for the compensation you need and navigate the insurance claims or personal injury lawsuit process for you.
Related Frequently Asked Questions
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- Does Texas Have a Statute Of Limitations For Personal Injury Claims?