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Premises Liability Lawyer in Irving

A premises liability lawyer in Irving, Texas, could help you go after compensation for your injuries and other losses if a property owner’s negligence caused you to get hurt. A premises liability claim could arise from an injury on residential or commercial property. 

You cannot file a premises liability claim for getting hurt on property you own. You could, however, pursue money damages if you get hurt because of a dangerous condition on property that you rent, like an office or apartment. Our team at Trujillo & Sanchez, P.C. is here to offer support, starting with a complimentary consultation where we can discuss the basics of your case.

The Average Settlement for a Premises Liability Claim in Irving

Unlike jury verdicts, settlement amounts are not public record, so it is impossible to determine the average amount of settlements for premises liability claims in Irving. Further, there is a wide range of settlement payouts for premises liability claims because each personal injury case is different.

The settlements really come down to the injury of the individual. This is why it is important to have an MRI done. Insurance companies do not want them done because it is objective evidence of the extent of the injury. Always have an MRI done if you have a serious injury. 

 

Here are some of the categories of money damages people often pursue after getting hurt on someone else’s property due to a hazardous condition:

  • Lost wages: After a significant injury, people often lose time from work while they recuperate. If your boss did not pay you for all of this lost work time, you have a financial loss.
  • Lost future wages: Sometimes, people cannot make as much money as they did before their injuries because of ongoing impairment, like chronic pain or loss of strength. If you have to work fewer hours or take a lower-paying position because of issues like these, you will likely have lost future wages.
  • Medical bills: Typically, people can recover the reasonable cost of the medical treatment they needed for their wounds. This category can include things like ambulance transportation, an emergency room, hospitalization, doctor’s appointments, surgery, lab tests, imaging studies like x-rays, physical therapy, and pain management.
  • Pain and suffering: Merely getting your medical bills paid does not account for the physical discomfort or emotional distress you experienced because of the accident and your injuries. These may also be recoverable.

These are a few examples of the types of money damages a victim can seek after getting hurt in a premises liability case. The kinds of damages you could pursue in your injury claim will depend on the facts of your situation.

Cost of Hiring a Premises Liability Lawyer in Irving Handle Your Injury Claim

Premises liability cases are a type of personal injury. In these cases, we do not charge our clients any upfront legal fees for representation. We understand that you are likely dealing with serious financial losses and want to avoid adding to this burden.

Instead, our attorneys work through the entire injury claim or lawsuit and wait patiently until the end to receive our legal fees from the compensation we secure. This fee arrangement is a contingency fee agreement. Under this agreement, we receive a percentage of the insurance proceeds or jury award for our legal fees.

How to Prove a Premises Liability Claim in Irving

Premises liability claims have multiple elements that we have to prove for you to be eligible for money damages from the property owner. In a successful premises liability claim, all of these facts will have to be true:

  1. There was a hazardous condition on someone else’s property.
  2. The owner knew or should have known about the dangerous condition.
  3. The owner failed to take appropriate measures within a reasonable time to protect people from injury. Appropriate steps could include correcting the defect, blocking off the area, or posting sufficient warnings. Failure to take reasonable measures is negligence.
  4. Someone other than the owner got injured because of the owner’s negligence regarding the hazardous condition. 

You can hire a premises liability lawyer from our firm to build a case that meets the legal requirements for a personal injury lawsuit.

You Have Little Time to File a Premises Liability Lawsuit

Texas law gives you only two years to take legal action for your injuries or the wrongful death of a close relative due to a premises liability situation. Texas Civil Practice and Remedies Code § 16.003 is the statute that establishes this two-year deadline. 

The American Bar Association (ABA) warns of the consequences of missing the filing deadline; Texas law could forever bar you from going after compensation for your losses after the deadline passes.

These Three Mistakes Could Harm Your Premises Liability Injury Claim

No matter how severe your injuries are, mistakes well after the date of your injury could sabotage your premises liability claim. In addition to missing the filing deadline, here are three things that could decrease the amount of money you may receive for your claim: 

Taking the First Offer From the Claims Adjuster

Usually, the first offer the insurance company makes is a lowball offer. Insurers expect to negotiate before reaching a settlement—the only way they can negotiate is to offer less than they expect it will take to settle the claim.

If you accept the claims adjuster’s first offer, you might be short-changing yourself. Those who try to settle their premises liability claims on their own instead of working with a premises liability lawyer may find out later they could have negotiated for more.

Settling Before You Finish Your Medical Treatment

If you settle your premises liability claim before completing all of your prescribed medical treatment, you might end up paying out of pocket for any related medical needs that arise in the future. The insurance company has no legal liability from the moment that you settle your claim.

Imagine going back to your treating doctor expecting to be released from treatment, only to find out that you need additional medical procedures, like surgery, to heal properly. If you have already settled your injury claim, you will have to pay all of those medical bills out of your own pocket.

Posting on Social Media

Many people post photos and comments about their daily lives on social media. After getting injured, they may share many of the details of the accident on social media. 

However, the defendant’s insurance company could access these social media accounts and take your photos or comments out of context to try to pay you less money than you deserve. It is best to take a complete break from social media while you have a premises liability injury claim pending. Even a photo of you looking happy with friends could get used against you to refute your claim of chronic pain. 

We’ll Review Your Premises Liability Case for Free

At Trujillo & Sanchez, P.C., we help people rebuild their lives after suffering injuries due to the careless acts of others. We offer a free initial consultation with no obligation. You can call us today at (972) 529-3476 to discuss how we can help you.

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