Property owners must do what they can to prevent guests from suffering injuries while visiting their home, store, restaurant, or other property. If they are aware of a hazard, they must take steps to correct it as soon as possible. If they fail to do so and someone suffers and injury, the property owner or occupier may be responsible for the victim’s medical bills, lost wages, pain and suffering, and other losses. The most common reasons our clients pursue premises liability claims is because of slips, trips, falls, and dog bites.
If you suffered injuries because of a property owner’s careless negligence, a premises liability lawyer in Houston may be able to help you collect compensation to cover your injury-related expenses. At D. Miller & Associates, PLLC, we offer free case evaluations and can explain your legal options based on Texas premises liability laws. Call our Houston office today at 713-850-8600 to get started. We handle these cases on contingency, meaning you pay nothing unless we collect a payout for you.
What Is the Process Like to File a Premises Liability Claim?
We often hear from accident victims who hesitate to call us because they do not want to go to court. In most cases, though, there is no reason to file a lawsuit to recover compensation after a fall injury or dog bite. Instead, we can usually recover the payout you deserve by negotiating a fair settlement with the property owner’s insurance company. We will need to investigate your claim, collect evidence to prove negligence and liability, and file a third-party liability insurance claim. This usually leads to settlement negotiations, where we will aggressively pursue full compensation based on the value of your damages.
We can successfully negotiate fair settlements for most of our clients without ever going to court. Only if the insurance company refuses a fair compensation package will we need to file a personal injury lawsuit.
Imagine, for example, you fell due to a trip hazard in a local restaurant. During our investigation into your case, we uncover video of the manager stepping over the trip hazard just a few minutes before you arrived. This video footage also shows how the item in the walkway caused your fall.
In this case, we could use this video as evidence when we present your claim to the insurance company, along with documentation of your injuries and associated costs. The insurance company would likely offer us a lowball settlement offer, thus beginning negotiations.
In every case, our attorneys fight for the compensation our clients need to cover medical bills, lost wages, pain and suffering, and other damages. We continue negotiations until the insurance company offers a just payout for these losses.
How Can We Prove the Property Owner Acted Negligently in a Houston Premises Liability Case?
To get you the compensation you need and hold the property owner liable for your injuries, we will need to show the property owner acted in a negligent manner by failing to prevent your accident. This requires us to collect and present evidence that shows:
- They knew about the hazard or should have known about the hazard;
- They failed to repair it or warn you about it;
- You were not aware of the hazard;
- The hazard led to your injuries; and
- You suffered financial damages because of your injuries.
It is important to note that these rules typically only apply to invitees. Invitees include welcomed guests, customers, contractors, and others who visit a property on the invitation or for the benefit of the property owner or occupier. The property owner has a duty to warn all invitees about any unreasonable hazards, unless the invitee is already aware of the hazard. The Texas laws differ significantly when the accident victim was an adult who was trespassing on the property.
Do I Need to Call a Lawyer About My Houston Premises Liability Claim?
To recover the full amount of compensation due to you in a premises liability claim, you will likely want to discuss your case with an attorney. Our lawyers understand how hard insurance companies will fight to reduce the money available to you in this type of case. The insurance company representative may seem empathetic and kind, but you can be certain they will use anything you say against you in an attempt to reduce or deny your claim. Having a well-qualified Houston premises liability lawyer on your side during the claims process ensures your rights remain protected.
In addition, when we calculate the value of a client’s damages, it is often much higher than they anticipated. Unless you handle a large number of these cases, it is difficult to account for every possible related expense and loss. Because we know what to look for, we can often put a much higher value on a client’s claim than they would settle for on their own.
Even if you filed a claim on your own or the property owner is offering a payout, it pays to contact us before you sign anything related to a settlement. We will ensure you get a fair settlement, holding the property owner responsible for the full value of your economic and non-economic losses.
We have highly skilled investigators who can get to the bottom of your Houston premises liability case and obtain the evidence necessary to prove negligence and liability. However, we need to act quickly. Under Texas law, we only have two years from the date of your injuries to file a premises liability case.
Call D. Miller & Associates, PLLC, Today About Your Claim.
At D. Miller & Associates, PLLC, our legal team understands how much a fall, dog bite, or other injury can impact your everyday life. Not only do you struggle to recover physically, you are facing crippling medical bills and other expenses. We may be able to help you hold the property owner liable for their negligence and recover the compensation you need to pay for your losses. Call us today at 713-850-8600 to schedule a free case review.