Many cases of slip and fall injuries occur quite often. While these are typically just accidents it leaves most victims with overwhelming medical bills, long term pain, and in some cases lost wages. Recovering compensation to offset these losses and aid in your recovery is crucial, and our experienced Arlington, TX premises liability lawyer is here to provide the dedicated and passionate representation that you deserve.
In the state of Texas when a slip and fall case occurs many legal responsibilities are at stake and due to the company not being able to keep their premises safe for their visitors and upholding the obligations many of those consequences are extremely serious. In Texas if the injury was negligent in maintaining safe conditions and negligence that caused the injury property owners are liable for the injuries that have taken place.
When a property owner is accused of being liable in a premises liability case, the plaintiff is generally asked to provide a claim for four elements. These four elements are duty of care, breach of duty, causation, and damages, these four essentials are asked to help prove the negligence and the legal basis for holding a property owner liable and taking cause for the action they are responsible for due to it being their premises.
The duty of care shows that said defendant owed a legal duty to act with reasonable care toward the plaintiff, this is not only important but imperative for establishing the negligence in the claim. The breach of duty shows that the owner is liable for the injury due to failing to act reasonably, this is also important due to it being included in the foundation of the claim. Causation follows after the breach of duty, this takes place to see if the injury was a direct cause of the breach of injury. This is important because this allows whoever is handling the case to connect the defendant’s wrongful conduct to the plaintiffs actual injury. Damages are the losses that the victim has gone through, whether it pertains to their physical life or their harm due to the injury that occurred.
Once these four elements are proven the focus shifts to proving the damages that occurred due to the breach of duty. These claims are verified by medical expenses, lost wages, pain and suffering, and other losses that have occurred during the duration since the accident occurred. Next the demand letter gets sent, so the attorney sends a formal letter to the defendant’s insurance company which outlines the case and establishes the liability. The insurance company will respond typically negotiating which is where the issue is typically resolved or through mediation, if no settlement is reached a lawsuit will be filed with a two year statute of limitations. The case will then be taken to court and presented to a jury who will decide the final decision and amount of compensation.
If you require legal assistance with a premises liability case, Contact our team at the Brandy Austin Law Firm today to schedule a consultation.