When you cheer on the Houston Astros at a baseball game, you do not expect to get injured at Minute Maid Park. If a hazardous condition at the ballpark or the park staff’s negligence caused your injury, you may be able to recover compensation for the damages incurred from your accident.
D. Miller & Associates, PLLC, can help you file an insurance claim or a personal injury lawsuit to pay for your medical bills, lost wages, and other expenses resulting from your injury. Call us at 713-850-8600 for a free case evaluation and legal assistance. We have extensive experience in handling all aspects of personal injury cases to help individuals recover compensation for their injuries.
Determining Liability in a Minute Maid Park Injury Accident
Before filing a claim or lawsuit, we can help you identify the party to hold liable for your injuries. Harris County-Houston Sports Authority (HCHSA), a government agency, maintains and oversees Minute Maid Park. Pursuing a negligence case against a government agency is complex because of a law that applies to local, county, and state governments. We understand the Texas Tort Claims Act and know how it applies to your case.
If, during our investigation of your case, we find that a private company’s negligence contributed to your injury accident, we can file a claim with the company’s business liability insurer. Regardless of the at-fault party, we will fight for the compensation you deserve.
The Texas Tort Claims Act and Sovereign Immunity
In many cases, sovereign immunity prevents governments and agencies from facing lawsuits. However, the Texas Tort Claims Act waives immunity against government agencies and employees in particular cases. Because we know what this strict law requires, we can determine if you are eligible to bring an insurance claim or personal injury lawsuit against the government entity in your case. We will explain the process to you as we discuss the details of your accident.
We Must Notify the HCHSA of Your Claim
If you want to pursue compensation, contact our firm as soon as possible. The Texas Tort Claims Act requires us to serve notice to governments about an injury claim. While the Texas Tort Claims Acts gives us a six-month window to notify a government, the City of Houston and Harris County cuts that time in half to only 90 days from the date of an injury to serve a notice of claim.
When an injury accident involves a private company, the Texas statute of limitations gives you two years from the date of an accident to file a or personal injury lawsuit against the company.
Required Information in a Notice of Claim
According to the Texas Tort Claims Act, a notice of claim must state:
- The damage or injury that occurred;
- The time and place you suffered your injury; and
- How your injury accident happened.
If you miss the tight deadlines for serving notice to a government agency, you may lose the opportunity to recover the compensation you deserve. Since time is of the essence, call us today. If you have a case, we will begin working on your case immediately so you do not miss this deadline and lose your right to compensation.
Proving Negligence Against the HCHSA
Under the state’s premises liability laws, property owners and managers must keep their premises reasonably safe for visitors. To recover compensation, our case must prove that the HCHSA was negligent in that responsibility and this caused your accident.
- A hazardous condition was on the ballpark’s premises that the HCHSA knew or should have known about;
- The HCHSA did not repair the hazardous condition or warn you about it;
- This hazard caused you to fall; and
- You suffered injuries and financial damages because of the hazardous condition.
The evidence we collect and present with your claim may include documentation like:
- Your medical records that detail the extent of your injuries;
- The incident report written at the ballpark about your accident;
- Statements from eyewitnesses or ballpark employees who saw your accident or had prior knowledge about the dangerous condition; and
- Surveillance camera video of the hazardous condition or of your accident.
We Will Help You File a Personal Injury Claim or Lawsuit
Once we have sufficient evidence to support your case, we will file an insurance claim or personal injury lawsuit on your behalf to recover compensation for your medical bills, lost wages, pain and suffering, and other expenses.
Our firm can negotiate the claim on your behalf with the insurance company to make sure you receive a fair settlement. Depending on the circumstances of your accident or if the insurance company does not offer a fair settlement, we may file a personal injury lawsuit.
Limited Compensation Amounts From Liable Government Agencies
The Texas Tort Claim Acts limits the amount of compensation you can receive from government agencies. For example, under the statute, the Harris County local government would pay a maximum amount of:
- $100,000 per person;
- $300,000 per accident; and
- $100,000 for each occurrence of property damage.
The municipality of Houston would pay a maximum of:
- $250,000 for each person;
- $500,000 for each accident; and
- $100,000 for each occurrence of destruction of property.
If the negligence of a private company contributed to your accident, these limits do not apply. However, our case would still have to prove the company’s negligence caused your accident.
Schedule Your Free Case Evaluation With D. Miller & Associates, PLLC, Today
The attorneys at D. Miller & Associates, PLLC, understand the difficulties you will face if you try to recover compensation from a government agency on your own. We can relieve you of this frustration and protect your rights during the process.
Our firm offers free legal consultations and handles all cases on a contingency fee basis. This means you do not pay us unless we collect compensation on your behalf.
Call us at 713-850-8600 for your free case review.