If you suffered injuries because of an unreasonable hazard on someone else’s property, you may be eligible to file an insurance claim or personal injury lawsuit to try to recover compensation for your medical care and related expenses. For example, you might be wondering what you should do after a slip and fall accident. Call us today and let us help you fight for the payout you need.
The premises liability team from D. Miller and Associates, PLLC will review your case for free and explain your options for trying to recover compensation to pay your medical bills, cover lost wages, and help you bounce back from your pain and suffering. If we believe you have a strong case, we will handle it on a contingency fee basis. You pay us no legal fees unless we recover a payout for you. Call us today in League City at 713-850-8600 to get started.
Types of Damages Available in a Premises Liability Claim
The value of a winning premises liability case depends on a number of factors:
- The type of injuries you suffered
- The severity of your injuries
- The treatment necessary
- Any related property damages
- Your pain and suffering losses
Because the possible payout of any successful case depends heavily on the specific details of that case, there is no way to accurately predict how much your case might be worth before we investigate your case and try to negotiate a settlement or take the case to court.
We can, however, help you understand the types of damages we can often recover for our clients when we win a Texas premises liability case, including:
- Medical care and related expenses
- Ongoing care costs
- Lost wages and diminished earning capacity
- Property damages, such as a broken phone or damaged clothing
- Accident-related expenditures
- Pain and suffering damages
In rare cases, a judge may award punitive damages in a Texas premises liability case. These damages do not compensate you for your losses, but instead, punish the property owner for intentional or particularly malicious behavior. Our legal team in League City, Texas can tell you if we believe you might be eligible based on the facts of your case.
Property Owner Negligence and Liability in a League City Premises Liability Case
Premises liability accidents can occur because of many hazards. Some of the most common we see in these cases include:
- Slip hazards such as spills or slick surfaces
- Trip hazards, such as uneven surfaces and unmarked stairs
- Other fall hazards, such as unmarked holes or poor lighting
- Diving or swimming pool accidents
- Electrical shock hazards
We need to prove the property owner acted negligently, requiring that we meet the four essential elements of negligence:
- The property owner has a legal duty to correct unreasonable hazards immediately, or warn guests
- The property owner knew of the danger, or should have known, but took no action
- The unreasonable risk caused you to suffer injuries
- You suffered compensable damages, such as physical injuries and financial losses
While we cannot guarantee you compensation, we will fight for you. We will do everything we can to build a strong case to support the payout we believe you deserve. A full investigation, including the following, will help strengthen your case:
- Requesting all accident-related documents, such as police reports
- Identifying and collecting any available evidence
- Seeking any available videos of the incident
- Reviewing witness statements and interviewing witnesses when necessary
- Surveying the scene, including documentation of the hazard when possible
- Analyzing the evidence to help us understand negligence and liability
- Enlisting the help of experts and specialists, when necessary
- Collecting your bills, receipts, and other documentation of your damages
Navigating the Premises Liability Claims Process
After we complete our investigation, we can build a solid case to fight for the compensation you need. We usually begin the process by sending a demand letter to the property owner’s insurance company outlining your case against them.
Often, this letter begins the settlement negotiation process. We aggressively pursue a fair settlement agreement on your behalf and are successful at recovering a fair settlement for many of our clients at this point.
If they deny our claim or refuse to offer a fair settlement, we may decide to file a lawsuit against them. If we choose to litigate, we have two years from the date of your accident to file a lawsuit according to Texas Limitations of Personal Actions.
When we take your case to court, we will represent you to the jury. We will present the case we built, and explain to them why you deserve compensation under Texas premises liability laws, and how much you deserve.
Protected Groups under the Texas Premises Liability Laws
In general, if you are invited onto someone else’s property in Texas, you have the right to file a claim and try to hold the property owner liable for your injuries. Protected groups may include:
- A guest invited by the property owner
- A contractor performing service for the property owner or occupier
- A customer or potential customer of the property owner
- Delivering a package for the property owner or occupier
- An uninvited guest visiting the property for the benefit of the owner or occupier
- A minor who is on the property for any reason, including trespassing
In most cases, the only reason you might not be eligible to file a claim would be if you were an adult who was trespassing on the property at the time of the accident. If your child or teen suffered injuries during the intrusion, you could still have a viable claim. We can help you evaluate your case and determine if there was an attractive nuisance such as a swimming pool or trampoline and if you may be able to hold the property owner accountable for your child’s injuries.
Talk to a Premises Liability Lawyer in League City Today
You don’t have to sit around and wonder what to do if you have been injured. At D. Miller and Associates, PLLC, our League City premises liability attorneys will review your case for free. We can explain your rights and help you understand your legal options for trying to recover compensation to pay your expenses and cover your losses. We will build a solid case to help you fight for the compensation you need and walk you through the process to file an insurance claim or lawsuit. Call our team today at 713-850-8600 for your complimentary consultation.
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