You get hurt during a visit to someone else’s property. At this point, you’re worried about how you’ll cover the costs of treating your injuries. Speak with a Pearland premises liability lawyer. If warranted, your attorney can represent you as part of an insurance claim or personal injury lawsuit against the property owner liable for the harm that you’ve suffered.
Lowe Law has obtained millions of dollars for our clients. We encourage you to discuss your premises liability case with a Pearland personal injury lawyer from our team. From here, your attorney can discuss your legal options in depth. Contact us today to get started.
Why Now is the Time to File a Pearland Premises Liability Claim
You have no idea how premises liability laws work in Texas or if you have grounds for a claim. Consult with a Pearland premises liability attorney. This is an opportunity to learn about the claims process and what it will take for you to get money from anyone at fault for injuries that you suffered on their premises.
Generally, your attorney will advise you to file a premises liability claim if an accident took place on someone else’s premises and you were injured as a result. Your claim may allow you to receive money that will help you during your recovery. It also increases the likelihood that a liable property owner will take measures to address hazards on their premises moving forward.
Lowe Law offers FAQs and other legal resources to those interested in filing premises liability claims. If you want more information about what these claims entail or are ready to file one, we are here to help. To find out more, schedule a free case consultation.
How Much Time You Have to Submit a Premises Liability Claim
According to Texas Civil Practice and Remedies Code Section 16.003, you may have two years from the date you are injured to file a personal injury claim. This statute applies to most premises liability cases. If more than two years elapse from the day you’re hurt on someone else’s property, you may lose the right to file a claim.
Your premises liability lawyer in Pearland can submit your claim in alignment with Texas law. They want you to continue to treat your injuries for the duration of the claims process or longer if your doctor recommends. As your claim progresses, your attorney will provide frequent updates.
A liable party’s insurance company may propose a settlement soon after you file your claim. Review this offer with your attorney before you decide on it. Otherwise, you could wind up approving an offer worth less than what you have incurred in losses.
Types of Premises Liability Cases That You Need to Know About
Not all premises liability cases are created equal. Your lawyer can give you information about cases involving accidents and injuries that occur across public, residential, and commercial settings. Some of the different types of premises liability cases include:
- Slip and fall accidents
- Negligent security
- Apartment shootings
- Sexual assault and assault due to lack of security
How you approach your premises liability claim or lawsuit is critical. If you say or do anything to indicate that you’re in any way responsible for your accident on someone else’s premises, you could compromise your case for compensation. Thankfully, your lawyer can assist you with your legal matters. They can help you avoid legal mistakes and get fair compensation for your losses.
What a Premises Liability Case is Worth
Your lawyer can provide insights into how personal injury settlements are calculated and what you may receive in compensation in your premises liability case. Typically, your attorney will pursue economic and non-economic damages for you. Reasons you could get these damages include:
- Medical expenses
- Loss of income
- Diminished earning capacity
- Pain and suffering
Saying you want these and other damages isn’t enough to get a judge or jury to award them. Your attorney can teach you about the burden of proof relative to your premises liability case. They can help you collect evidence from multiple sources. If you have plenty of proof, you may be well-equipped to prove negligence.
A Look at the Role of Negligence in a Premises Liability Case
Negligence can determine if your premises liability case is successful. To show negligence, your personal injury attorney may focus their argument on the duty of care that a property owner has to you and others. In your case, this duty varies based on a property owner’s responsibility to protect you from harm. There are three levels of a duty of care to consider:
Invitee
An invitee could be a customer or client. A property owner maintains a high duty of care to invitees. Due to this, it is reasonable to anticipate that this owner will make every effort to clean up spills and eliminate other property hazards that could put invitees in danger.
Licensee
A licensee is someone who visits a property for their benefit, like a sales representative or social guest. Property owners have a duty of care to licensees, but it is usually less than that of invitees. Regardless, if a property owner does something to endanger a licensee and causes this individual to get hurt, they may be held liable.
Trespasser
Most trespassers can’t seek compensation from a property owner if they are injured on this individual’s premises. One exception to this may be if a property owner has a swimming pool or another attractive nuisance that prompts a child to visit their premises. If this child is injured, their parents may have a case for suing the property owner for damages.
If your case goes to trial, your lawyer can highlight to a judge or jury how a property owner violated their duty of care, which contributed to your injuries and damages. In addition, they also want to make it clear in court that you’re in no way to blame for getting injured on someone else’s property.
How Modified Comparative Negligence Can Dictate the Outcome of Your Premises Liability Case
Per Texas Civil Practice and Remedies Code Section 33.001, you may be subject to modified comparative negligence in your premises liability case. With this, if you’re partially to blame for an accident and injuries that occur on another person’s property, a judge or jury may adjust your damages or hold you accountable for your losses.
In Texas, you may receive damages if you’re 1-49% liable for your accident and injuries on another individual’s property. For example, the court rules that you’re 20% liable for your injuries in a slip and fall at a grocery store. In this situation, you may get 80% of the damages that you originally sought.
Now, look at what can happen if you were found to be 51% liable for your grocery store slip and fall injuries. In this scenario, you’re more to blame than anyone else for your injuries. Therefore, you may be barred from getting damages.
Our Pearland Premises Liability Lawyers Will Stand and Fight for You
At Lowe Law, we know the legal challenges that you will encounter in your premises liability claim or lawsuit.
Let a premises liability attorney in Pearland address these challenges for you. To learn more, request a free case review.
