If you got hurt on someone else’s property because of a dangerous condition, a premises liability lawyer in Texas could help you seek money damages for your losses. Premises liability cases can happen on public or private property and on commercial or residential land. Our team at Trujillo & Sanchez, P.C. can review your case for free and discuss how we can help.

The Potential Value of Your Premises Liability Case

We cannot throw out a number to represent how much compensation you can get for your injuries because every case is different. One person might have mild to moderate injuries, and another person could suffer life-changing, catastrophic physical harm.

The amount of money damages you can pursue will depend on the unique facts of your situation, after considering factors like: 

  • The severity of your injuries
  • Whether you have to undergo invasive treatment like surgery for your wounds
  • How well you heal
  • Whether the owner of the property showed callous disregard for the safety of others

Damages You Could Recover in Texas

Here are some of the categories of money damages people pursue in premises liability claims: 

  • The reasonable cost of the medical treatment you needed for your injuries
  • Future medical expenses necessary to treat your wounds
  • Lost wages for the paychecks you missed when you could not work because of the accident
  • Future lost wages if you cannot make as much money as you did before the incident because of the harm you suffered
  • Pain and suffering for the physical discomfort and emotional distress the accident and your injuries caused
  • Other intangible losses, like disfigurement for significant scars and post-traumatic stress disorder (PTSD) that developed because of the traumatic experience

These are but a few examples of the types of compensation a person could seek in a premises liability injury claim.

We Do Not Charge Our Clients Any Upfront Legal Fees

You do not have to be wealthy to hire a premises liability lawyer in Texas to handle your injury claim. Our firm handles personal injury cases like premises liability injury claims on a contingency-fee basis. With this fee arrangement, you do not pay any upfront legal fees. 

We advocate aggressively for you throughout the entire insurance claim or lawsuit. Then, at the end of the legal matter, we receive a portion of the settlement proceeds or jury award that we win for you. Contingency fees make it possible for victims to take on even large corporations when they cause harm.

The Elements of a Premises Liability Case

When our attorneys represent you, we have to prove all four of these factors to succeed in a new premises liability claim: 

  1. There was a hazardous condition on the property.
  2. The owner knew or should have known about the dangerous condition.
  3. The owner failed to take reasonable measures to protect people from harm by posting sufficient warnings, blocking off the hazardous area, or correcting the defect. Failure to take appropriate steps in this situation is negligence.
  4. The negligence caused someone other than the owner to get injured. 

When our team can prove all four of these elements, we can go forward with a premises liability claim against the owner.

Missing the Filing Deadline Could Cost Your Premises Liability Damages

No matter how strong your premises liability case is, you could lose all right compensation if you wait too long to take legal action. The statute, Texas Civil Practice and Remedies Code § 16.003, gives you only two years to file your premises liability lawsuit if you got injured or a close relative died because of a dangerous condition on someone else’s property.

The American Bar Association (ABA) cautions that if you wait until after the deadline passes, the law can forever bar you from seeking compensation for your losses. The at-fault party would get away without paying you a single cent. 

Mistakes to Avoid in Your Premises Liability Injury Claim

One might assume that the monetary value of a premises liability injury claim gets determined at the time the person gets hurt. In reality, many things can happen later that could have a negative impact on the settlement value of a personal injury claim. 

Losing a Case Because the Evidence Gets Destroyed

We get clients that call us that wait too long and the evidence needed to win the case gets destroyed. The attorney needs to send a letter as soon as possible so the defendant knows to keep the evidence and if they destroy the evidence the judge will give a special instruction that will help us win the case if they destroy evidence. Common example of this is video camera evidence that often goes “missing” when it is in our favor. Another one is making sure to get statements from witnesses that can help win the case. These are examples of things that are time sensitive and need to be done quickly.

Accepting a Low-Ball Settlement Offer

When the claims adjuster makes an offer to settle your premises liability claim, it might sound like a generous offer. However, the first offer is often an attempt to settle as quickly as possible and may not accurately account for your damages.

Settling Too Early

Injured people have understandable motivation to settle their injury claims as soon as possible. They might have medical bills piling up and have missed time from work without pay because of their injuries. When you can “see the light at the end of the tunnel,” it is tempting to settle your case, but that could be a massive mistake.

Sometimes people settle their claims before getting released from treatment by their doctors. If they later find out they will need additional medical intervention, like surgery, those bills will come out of their own pocket. 

Giving a Recorded Statement to the Insurance Company

The claims adjuster often asks the injured person to give a recorded statement telling, in their own words, what happened. However, a recorded statement is generally not in your best interest, and it could hurt your premises liability claim. The insurance company can take bits and pieces out of your recorded statement transcripts and splice them together into something you did not intend. 

Instead, you can refer the adjuster to our legal team. Your premises liability attorney can provide the insurer all the information needed to process your claim.

A Free Review of Your Texas Premises Liability Case Awaits

At Trujillo & Sanchez, P.C., we help people who have suffered injuries because of the carelessness of property owners and managers. We are happy to offer a free initial consultation to discuss your case with no obligation to hire us. You can contact us today for more information.

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