Property owners in Texas have legal obligations when it comes to keeping guests safe. These rules apply to homes, stores, restaurants, public parks, and any other property where there may be visitors or customers. Primarily, property owners must repair any hazard as soon as possible or warn guests if repairs are not possible.
If you suffered injuries because of an unreasonable hazard, you may eligible to file an insurance claim or premises liability lawsuit against the property owner or occupier. A premises liability lawyer in Pearland may be able to help you hold them financially responsible for your medical bills, lost wages, pain and suffering, and other losses.
At D. Miller & Associates, PLLC, we handle all types of premises liability claims. The most common ways our clients suffer injuries include:
- Slips, trips, and other falls;
- Dog bites; and
- Swimming pool accidents.
We can analyze your case and help you understand your options for compensation. We can pursue a claim or lawsuit on your behalf, fighting to recover the money you need to pay your bills and cover your losses. We offer free case reviews and handle these cases on contingency. Call us at 713-850-8600 to learn more about how we can help you recover damages after an accident on someone else’s property.
Recoverable Damages in a Pearland Premises Liability Case
The recoverable damages in a premises liability case depend on the nature of your losses. In general, you can collect compensation to cover a wide variety of damages, including:
- Medical costs;
- Ongoing care costs;
- Lost wages;
- Future lost income;
- Related out-of-pocket costs; and
- Pain and suffering.
If you suffered severe, permanent, or disfiguring injuries, the value of your claim will be higher. A traumatic brain injury, for example, may require long-term medical care, while preventing you from working in the same capacity you did before the accident. You deserve full compensation for those losses.
When we handle a case for our clients, we conduct a full investigation and collect all available documentation to prove their losses. This allows us to build a strong case for a full payout. The value we place on their claim is often much higher than they anticipated. We have handled dozens of cases very similar to yours, and know how to identify damages you will likely overlook. Because of this, we can often recover much more compensation for our clients than they might get on their own.
Proving Negligence and Liability for Your Injuries
Negligence plays a key role in proving a premises liability claim. To hold the property owner liable and recover the compensation you need, you will need to show the owner or occupier acted in a careless, reckless, unsafe, or unreasonable way. This is negligence.
When we prove negligence, we collect evidence to document:
- The owner knew about the hazard, or a reasonable person would have known about it;
- They failed to repair the hazard or warn guests of the danger;
- You were not aware of the hazard before your accident;
- The hazard directly led to your injuries; and
- You suffered financial damages because of the incident.
If we can prove these five elements, we can win a payout based on your claim.
How to Collect Compensation in a Premises Liability Case
It is paramount that you be very careful about what you say to the insurance company if you are handling your case on you own. No matter how it seems, the insurance company is not on your side. Instead, it is looking for ways to use your statements against you, to reduce your payout or avoid paying you altogether. We recommend discussing your case with a one of our attorneys, so you can better understand your legal rights and how to protect them. We offer free consultations and can manage the entire claims process for you.
When we accept a case, we go to work investigating exactly what took place. We collect evidence, interview witnesses, analyze videos, and sometimes call in accident reconstruction experts to understand exactly how and why your injuries occurred. During this process, we collect all available evidence to prove the property owner or occupier acted in a negligent manner and caused your injuries.
We can usually present a strong case on your behalf to the homeowner’s or business liability insurance provider, and negotiate a fair settlement. Only in rare cases when the insurer refuses to pay out a fair settlement do we need to file a lawsuit. If a lawsuit becomes necessary, we have two years from the date of your injuries to pursue this option under the state’s statute of limitations.
Protections for Invitees Versus Trespassers
In general, the right to compensation after a premises liability injury does not extend to trespassers. The rules only apply to invitees. Invitees are:
- Welcomed guests;
- Delivery personnel;
- Anyone invited for any reason; and
- Anyone visiting for the benefit of the property owner or occupier.
As long as you qualify as an invitee, the property owner or occupier had a duty to protect you from unreasonable dangers. If you were trespassing at the time of your accident, you may have few legal protections. Depending on the circumstances, however, a child may be eligible for compensation even if they were on another person’s property without permission.
Call D. Miller & Associates, PLLC, Today About Your Pearland Injury
The legal team from D. Miller & Associates, PLLC, knows what it is like to try to juggle your physical recovery with the financial stress of medical bills, lost wages, and other losses. We want to help you get the money you need and deserve, while minimizing the impact this process has on your daily life. We may be able to help you file an insurance claim or premises liability lawsuit against the property owner, and negotiate a fair settlement to cover your losses. Call our office at 713-850-8600 today. We offer free cases reviews and can help you understand your options for compensation.