Legal Question in Personal Injury in Texas
sidewalk injury
I got the heel of my shoe stuck in a section of pavement that was not level. The uneven design of the pavement is deliberate and usually is marked with red paint as a warning. At the time of my injury, there was no red paint on the uneven section of pavement. I tore a major ligament in my ankle (and was transported to the hospital by ambulance). My injury can't be fixed - I will have significant medical issues with my ankle for the rest of my life and daily life has been adversely impacted. The pavement
is located immediately outside the entrance to a building at a City-owned park. Subrogation was denied because the employee (who was present when I was injured) gave a taped interview in which she emphatically said the hazard was painted red at the time of my injury. The same employee filed an incident report and a work order while we waited for the ambulance. Those documents clearly say that the paint had washed away (I have copies). The pavement was repainted just hours after my injury. I wrote the notice letter within 6 mons. and am now trying to get city records. I know this is a difficult case under the Texas Tort Claim Act. Is it worth pursuing?
5 Answers from Attorneys
Re: sidewalk injury
Probably..we would research as we do represent Personal injury claimants..call if you wish our help
Re: sidewalk injury
You must think it's worth it. You're doing it without an attorney. All I can tell you is you're going up against a cadre of City Attorneys who know what *they're* doing. And they have an insurance company behind them that has been doing this for more than 100 years. I admire your spunk but you're heavily out-gunned and out-manned (generically spaking). Good Luck
Re: sidewalk injury
First and foremost, how long ago did the incident occur? Generally, you have a short time frame in which to take action against a party who has caused you injury. From what you have stated, it appears that you have a cause of action and damages that justify an investigation by a personal injury law firm. As you statute of limitations (the time limit) may be running short, you should contact a personal injury law firm to review the specific facts of your case. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]) to arrange for a free initial consultation.
Re: sidewalk injury
It should be immediately pointed out that the extreme "PRO-INSURANCE" 2003 Texas legislature and the current bought and paid for wholly Republican "PRO-INSURANCE" Texas State Supreme Court are doing everything in their power to see to it that all insurance claims are either not paid or are settled for pennies on the dollar.
Bear in mind that in 2003, our learned Republican leaning Texas Legislature "listened very carefully" to the Big Insurance lobbyists and dramatically changed many of the laws that affect personal injury claims. These changes have given a finanacial windfall to the Insurance Industry while simutaneously creating many hidden pitfalls for the unweary consumer.
NO case is too small. My initial recommendation to you is to seek the evaluation of a qualified and experienced personal injury lawyer in your area. He MAY be able to help you. He or she can take your facts and the medical records that support them and properly evaluate, prepare and posture your claims for the best result possible.
Prior to answering your questions with any degree of accuracy, any truly responsible attorney would first need to know every detail about your accident. Additionally, any responsible attorney would be VERY interested in where the accident occurred, whether there is more than one potential defendant, where each of the defendants reside, the viabilty and contribution of each potential defendant, whether the case involves "diversity of citizenship" and what the judiciary look like in all of the potential venues.
The actual damages question itself in this case and\or any other potential personal injury case is driven by many factors. Some of these factors are much less obvious than others.
I believe it is also important to point out that the extremely "PRO- INSURANCE Industry" Texas Supreme Court that we currently have recently handed down a very damaging opinion addressing the level and burden of proof the Plaintiff has regarding the causal link of "all" the curative medical treatment given for the alleged injuries.
Lastly, I can also suggest that you consider writing your state and federal legislators and ask them to explain all these unfair insurance tactics to you in writing. If they even bother to give you an answer, I suspect it will be less than direct.
I also suggest that you make direct contact with Texas Watch. Texas Watch is a pro-consumer group that is very interested in hearing about stories like yours. You can reach them on the web as well. Their web site is http://www.texaswatch.org/TW/.
If you are unable to find a competent attorney near by, you are welcome to call our offices and we will try and refer you to one.
Good Luck to you.
Re: sidewalk injury
Generally, muncipalities will not pay unless sued and certainly will not pay a mere claim when liability is disputed as in your case. You should hire a board certified personal injury lawyer. Please let me know if I can help - it looks like your case is worthwhile. After reviewing your case in detail, I'll be better able to answer your question.
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