Legal Question in Personal Injury in Texas

Re: Likelihood of Success

Insurance companies tend to resist paying what cannot be documented. It is important that you keep records of everything related to the accident. Find records to show that you did play tennis and ski before the accident.

Insurance companies exist to make a profit. The only way to do that is to keep income up and expenses down which means resisting claims.

I strongly recomend that you hire an attorney to negotiate on your behalf with the insurance company. A lawyer should be able to get more out of the carrier that you can. Insurance companies do not like to go to court as it costs them more. However, lawyers know how to take them there. Insurers know that. If you wait until after the statute of limitations passes, you will have lost the ability to take your claim to court and a tremendous amount of leverage with it.

Re: Likelihood of Success

I am sorry to hear about your accident. Slip-and-fall cases are, by far, the most difficult cases to prove and win in Texas. The reason is that the law requires that you, as the claimant, must PROVE three of these four elements:

1)that the store PUT the dog food on the floor; or

2)that the store, even if it did not PUT the dog food on the floor, nevertheless KNEW it was on the floor BEFORE your fall; and

3)that the store failed to WARN you of the danger; and

4)that you were not negligent yourself by failing to watch where you were walking.

Also, remember that the store does not have to disprove anything; it is your burden to prove every element of your case.

(If you're getting the idea that slip-and-fall cases are almost impossible to prove in Texas, you are correct. The Republican legislature and Supreme Court have made it that way in order to protect businesses. In short, businesses are more important to the State of Texas (in the eyes of the Republicans) than you are.)

If you have any proof that the store knew the dog food was on the floor prior to your fall, I would be happy to help you with your case. Feel free to call me at your convenience.

I look forward to speaking with you.

Re: Likelihood of Success

You should not do this case yourself. Under the rhetoric of "tort reform" and "lawsuit abuse" companies have all but convinced the public that anyone who claims an injury must be faking it. As such, these cases tend to be an uphill battle. If you can show that the store was negligent, then they would be liable, and you would still have to show that the medical treatment received was necessary and reasonable (another big fight.)

Most PI lawyers will meet with you and discuss your case for free. Accordingly, I suggest you speak with a few attorneys and select the one with which you are most comfortable to proceed.

Re: Likelihood of Success

A lot of stores now have video cameras. If that's the case, then you might be able to prove that the store had notice of the debris on the floor. They'll be reluctant to produce it to you, but you should at least ask for it.

You probably should hire a board certified personal injury attorney to help you.

Re: Likelihood of Success

little