Legal Question in Personal Injury in Texas

should we contact the guilty party to ask for pain and suffering amount?

My fiance was injured at work. The elevators were down, so she was forced to take the stairwell. When she opened the stairwell door she noticed that the lights were out, she had no choice but to use them since the elevators were out. She got to the last flight and that she was already on level ground, but she still had one more flight to go down. She feel down eight concrete stairs and had sprained both ankles severly, bruises on here thighs, and back pain. They had to get EMS to transport her to the emergency room. Another man who had witnessed the whole thing said he had the same thing happen to him in the very same stairwell a few days earlier, and had reported the lights being out to the people who owned the building. I know they are at fault and workmans comp is paying for her medical bills and time off work, but my question is if the owners are responsible how do I get them to pay for her pain and suffering? Do I call them and say hey what are you willing to offer or should I hire an attorney to contact them to scare them? Also, what is a reasonable amount to ask for since my fiance has to go through three weeks of physical therapy to be able to walk on her ankles? please advise ASAP.

Thank You.


Asked on 11/05/02, 5:26 pm

3 Answers from Attorneys

Brandon Manus Manus Law Office

Re: should we contact the guilty party to ask for pain and suffering amount?

I need more information, but basically, if the employer is the owner of the building, your fiance will not have a cause of action against the employer because they have workers' comp. If the building is owned by another company, then you may have a cause of action. Please feel free to call me and mention LawGuru.com.

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Answered on 11/06/02, 2:56 pm
John Allen Law Frim of Trey Allen PC

Re: should we contact the guilty party to ask for pain and suffering amount?

You have what is known as a third party action against the owners of the building and/or the management company of the building. You may also have a gross negligence claim due to the previous accident. The claims are separate and distinct from the worker's comp claim. I would be happy to help you further, and consulations are free. You may email me or call me at 214 559 6173.

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Answered on 11/06/02, 4:46 pm
Eliseo Rico III The Law Office of Rico & Associates

Re: should we contact the guilty party to ask for pain and suffering amount?

Consulting with an attorney that covers workman's comp. may not be a bad idea. If you need further assistance please feel free to call me.

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Answered on 11/05/02, 6:47 pm


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