Work With a Top Premises Liability Lawyer in Houston
It is possible for you to pursue a compensation claim to help recover your loss if you were hurt at a specific location that is not your place of employment or your residence. This is true if you suffered personal injuries because of unsafe conditions, irrespective of the severity of the injury.
The law in the state of Texas holds landowners liable for injuries and accidents that may occur on their properties. This liability may depend on the responsibility of the owner to provide a safe property condition. They may also be held accountable for their duty of care owed toward people who are lawfully present on their property for one reason or the other.
If a person suffers an injury or is killed due to the hidden condition or defect on the land, then the injured individual or their surviving family members may have the right to pursue a claim for compensation.
The law that governs premises liability is based on the negligence of the landowner, with respect to them promoting hidden defects and dangerous conditions. The claims may even require expert opinions and considerable investigation.
It is important that you are sure of your legal rights and opinions after getting injured in an accident. Yet, if you are not, it is important that you reach out to our Houston premises liability attorneys at Take That To Trial as quickly as possible. We will provide you with the guidance and help you need to move forward in your compensation claim.
What Does Premises Liability Mean?
Premises liability is a legal term that is commonly adopted to describe a property owner’s responsibility to facilitate the maintenance of their property. However, when they fail to do so, the right legal steps must be taken to prove they failed to protect the best interests of the public. There are certain determinations that can reflect the general standards of the premises:
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Which party is responsible for creating the present condition of the property?
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Was the condition known but not addressed by taking the necessary steps?
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Had enough time gone by before the responsible party knew of the bad condition that needed correction?
Premises Liability and Negligence: Are They the Same?
The simple answer to this straightforward question is yes. It should be noted that premises liability claims are centered around negligence. After all, they are not different from other types of personal injury claims. This implies that you may be required to prove that the property owner or manager was negligent in one way or the other to win your case.
When you contact our attorneys at Take That To Trial, we carry out exhaustive investigations to establish liability and prove negligence. Besides this, we carry out meticulous preparation for every case for trial. As we invest our effort in helping you pursue compensation claims in settlements, we understand the importance of preparing for all possibilities. Yet, we devote our resources to ensure that you achieve your desired results.
Premises Liability Claim: Who Can be Held Responsible
Knowing the right party to hold responsible is one of the first few steps you must take if you wish to pursue a compensation claim for premises liability. It is worth noting that certain parties could potentially be held accountable for any injuries you may have suffered through a premises liability claim. The most common liable parties with respect to this include:
The property owner
The responsibility for the condition of a property often falls on the shoulders of the property owner. This may be in the form of maintaining the property or providing the necessary atmosphere to promote safety. If you are injured due to the owner's negligence or hidden dangerous conditions of the property, they may be held liable for compensating you.
The tenant
There are times when properties are leased to other parties. In this case, if you get injured in such a property, the tenants may be held liable to pay you for compensation, rather than the property owners.
The maintenance provider
Those who are responsible for maintaining the property may be a third party, who may be contracted by property owners and tenants. If you suffer an injury due to the dangerous conditions that were the result of improper or lacking maintenance, this third-party service provider may be held liable.
If you get injured in someone's private home, pursuing a premises liability compensation claim may be straightforward. However, there could be complications if constructions or renovations have begun. In these cases, it may be difficult to determine who is responsible for the condition that led to your injuries.
In the case of commercial property, multiple parties may be held accountable for the land and buildings. With this in mind, seeking the legal assistance of a competent premises liability attorney will enable you to establish liability while making sure that you pursue a compensation claim.
Damages to Seek in Premises Liability Claims
If you suffered an injury on someone else's property due to their negligence or hidden defects and dangerous conditions, you are entitled to pursue a compensation claim.
The damages you seek can either be economic or non-economic. Economic damages include losses that can be quantified by a value. On the other hand, non-economic damages are losses that are unquantifiable. Some economic and non-economic damages you can pursue compensation for include:
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Medical costs
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Loss of earning capacity
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Physical pain
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Disfigurement
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Physical limitations
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Mental anguish
Before coming to a decision on the value of your pain, suffering, or other injuries, or accepting a settlement offer, speak with an experienced premises liability attorney. You can reach out to us at Take That To Trial to make informed decisions.
Is it Possible to Prove a Property Owner Is Liable for an Accident or Injury?
Yes, it is possible to prove that a property owner is liable for an injury or accident. However, to do so, you must be able to prove certain points if you wish to bring a claim against a negligent property owner. Some of these include:
Duty of Care
The first thing you need to prove is that the property owner owed you a duty of care. What this implies is that you must establish that you were lawfully present on the property either as a licensee or an invitee. However, if you were trespassing, you should establish that the property owner had a legal responsibility to avoid causing injury through total negligence or willful conduct.
Injury
You will also need to prove that you actually suffered an injury, as well as considerable damages, including economic and non-economic damages. Some of what you can prove in this regard include medical expenses, lost wages/income, lost earning capacity, pain, and suffering, and lost quality of life, among others.
Breach
You should also prove that the property owner breached their duty of care. What this means is that you establish the fact that the owners never inspected the property, never conducted proper maintenance, or never repaired or removed any dangerous part of the property that can render it unsafe to live in.
You can also establish the fact that the owner should have known about what could contribute to an injury and prevent it as much as possible. Depending on the case, the exact breach will vary. Yet, it behooves you to prove some kind of negligence was committed by the property owner.
Causation
The last fact you must prove is that the breach of the duty of care by the property owner was the direct cause of the injury you suffered. What this implies is that you will need to prove that, had the property owner upheld the duty of care they owed to you (if they were not negligent), you would not have suffered damages or gotten injured.
If you suffered an injury on someone else's property, you need to be able to prove liability. This is especially true if you wish to recover the damages someone else's negligence costs you. As a result, our lawyers at Take That To Trial will guide you on how the process works. Our attorneys will review your case while providing special counsel on how to proceed.
Qualities to Look for in a Houston Premises Liability Lawyer
If you suffered an injury on someone else's property due to their negligence, then you can pursue compensation for damages. Doing so requires the legal assistance of a top Houston premises liability attorney. Yet, some important attributes to watch out for are discussed in this section.
A record of solid settlements
Your preferred attorney should boast a rock-solid history of successful settlements and judgments for their clients. This implies that anytime you ask to see reviews from happy customers, they should be eager to share them while providing lots of details that can support their claims.
However, there may be a problem if they don't. You will numerous personal injury lawyers in the state of Texas and not every one of them can boast of operating at a high standard of excellence. It should be noted that some law firms operate on high turnover and high volume. This implies that they take as many cases as possible. As a result, they accept smaller settlements while investing little effort so they could move on to the next one.
Furthermore, the wrong attorney would want you to accept a low offer from insurance companies, which is not sufficient to cover your medical bills. They do so without solid negotiation. Attorneys like this are known to operate on volume-based models. This a red flag for you! It is important you stay away from lawyers like this.
Rather, reach out to a lawyer who gives each client the essential personal attention and care that are needed. A good attorney should be patient enough to negotiate assertively and pressure the other side for the high-value settlement amount you are entitled to. This is the quality of service our attorneys at Take That To Trial offer. We offer the best path to a full and fair deal.
Experience in the kind of personal injury law you need
Pay attention to the extent to which their practice is specialized. Even though nothing stops a divorce lawyer from handling a personal injury case, you don't want an attorney without expertise in your specific situation.
You will even find many types in personal injury law. Some of these include traffic accidents, premises liability, medical malpractice, product liability, toxic tort, dog bites, assault, boat accidents, nursing home abuse, and many more. The right attorney should be passionate about their specialty.
At Take That To Trial, we have attorneys that specialize in premises liability, which involves suffering injuries on someone else's property due to their negligence. As a result, we know what it takes to pursue compensation for damages that our clients may have suffered.
Our lawyers have successfully handled numerous cases of premises liability. This makes them experts in this field. We have seen numerous people who got injured because a property owner just didn't care. We have also seen the consequences they have suffered due to these severe injuries. As a result, our professionals have devoted their time and effort to helping people survive and thrive after being injured.
Strong negotiation skills
The very first step in the personal injury process is to negotiate a settlement with an insurance company. Sadly, the insurance company can never be on your side. Oftentimes, they may even go to great lengths to significantly reduce the amount of money they have to pay on your claim. It behooves your lawyer to possess strong negotiating skills. This ensures that your settlement offer reflects the actual value of your damages.
Settling your case should always be the primary goal. The right attorney ensures that you get the money to which you are entitled as fast as possible. In certain instances, you may reach a fair settlement at the negotiating table. It is safe to affirm that the success of the negotiating process will depend significantly on the abilities of your lawyer to advocate on your behalf.
Empathy and a clear understanding of your suffering
Clients who reach out to personal injury attorneys must have suffered a painful and challenging experience. After all, they are most likely adjusting to life after your accident. They hope to heal and need the right assistance to help them recover. They miss time from work while watching the bills pile up. Sometimes, many don’t even know if their life will ever be the same again.
This is why a good attorney must feel genuine empathy that can translate into words and effective actions to help them improve their chances of winning a personal injury case. They must also be able to articulate your pain and suffering to the insurance adjuster during negotiation, as well as to opposing attorneys, judges, and jurors.
At Take That To Trial, we understand what our clients go through after their injuries that could have been prevented. This is why we devote our effort and time to helping them pursue the compensation they are entitled to.
You don't have to pay a top lawyer until they win
Most of the personal injury attorneys you will come across in the state of Texas work on contingency. This implies that they take a percentage of whatever you win. If you don't win the case, the attorney gets nothing. Simply put, there is no fee unless you win.
This contingency fee ensures that the attorney can get the drive they need to win your case. The lawyer is effectively working for free unless they win your case. It is equally important that you watch out for any tricky fee models. You should also be wary of any attorney who is reluctant to explain their fees clearly.
In some cases, personal injury attorneys will announce that there is no fee unless you win, yet they will expect you to pay for expert witnesses, as well as other expenses that may come up, even if you don't win. This is a red flag! Top premises liability attorneys will not collect any fee from you until they help you receive your compensation claim.
This is what we offer at Take That To Trial. We don't collect any fee from you for consultation. You only pay us when we win your personal injury case.
Strong communication skills
Strong communication skills are crucial when it comes to providing quality legal representation. These skills can influence various aspects of your case, including:
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Your attorney must be able to inform you of any updates or development in your case.
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The needed skills for negotiation with the insurance company
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Connecting with a jury and proving the extent to which the injury has affected your life
You should be able to feel the influence of the lawyer's communication skills when you consult with them. If you perceive the attorney's inability to clearly explain your legal options, as well as the next steps in the process, communication may likely be a major problem in the future.
However, if you consult with an attorney and you get a clear understanding of your case, the lawyer most likely boasts the right to the necessary communication skills required to provide the quality representation you are entitled to.
Extensive experience taking up cases similar to yours
We all know that personal injury is a vast area of law, which covers numerous types of cases. Even when an attorney specializes in personal injury law, they may still lack the essential experience you require for your specific type of case. This is especially true with respect to premises liability cases. While some lawyers handle these cases on a regular basis, others may lack the resources necessary to successfully navigate these compensation claims.
During your consultation, ensure that you ask your attorney about their experience with cases similar to yours. If the lawyer has not handled a significant amount of similar cases, it is about time you looked for someone with more relevant experience.
Contact Your Local Experienced Premises Liability Lawyer at Take That To Trial
Accidents can happen when you least expect them. It is impossible to completely prepare for unexpected accidents. The consequences may even prove more difficult to handle. While accidents may leave you with expensive medical bills, they can also result in permanent or temporary disability.
This can result in significant stress while making recovery even harder. Our attorneys have been representing victims of accidents on someone else's property for more than two decades. We empathize with you and our attorneys will listen to you and guide you through the compensation claim process.
We offer a free consultation. So, reach out to us as soon as possible. We only receive money from you after we have won your case for you. We also have the needed resources to increase your chances of winning the compensation claim you need for your recovery. You can reach out to us at all via:
Email: info@takethattotrial.com
Ph: (832) 770-6100
Fax: (832) 426-5798
You can visit us at 1401 Cleburne St,
Houston, Texas 77004
We are eager to hear from you!