Slip and Fall Accident Claims
The process of pursuing slip and fall compensation involves:
- Retaining an experienced premises liability lawyer: If your slip and fall accident was minor and you suffered only bumps and bruises, you may not need an attorney. But if you sustained an injury that required medical care and took you out of work, call a lawyer for help.
- Investigating the slip and fall: If you wish to recover compensation for your slip and fall injury, you will need evidence regarding who was at fault and why that party is liable. Your slip and fall injury attorney can gain that evidence through a thorough and independent investigation.
- Proving liability: During a slip and fall case, your injury attorney’s job is to prove that the property owner or manager breached their duty of care. The property owner or manager’s failure to maintain safe premises and warn you of a hazard they knew or should have known about is negligence. Your accident attorney also can establish negligent if the property owner or manager violated a health or safety law.
- Filing a premises liability lawsuit: Filing a premises liability lawsuit is often an essential part of your claim. Only by filing a lawsuit can your lawyer take full advantage of the discovery process. Through discovery, your lawyer can obtain critical information that supports your claim. Filing a lawsuit also shows an insurer you are serious about obtaining fair compensation. Insurers will take advantage of the fact that many slip and fall victims are afraid to litigate.
- Negotiating with the insurer: The next step is to enter into negotiations with the liable party’s insurance company. You may have received an offer prior to this. However, before completing trial prep, the true value of your claim may not have been clear. Now that we have all of the information, we can support our demand for compensation and aggressively negotiate.
- Resolving the claim or going to trial: We will either reach a settlement with the insurer or take your case to trial. We have decades of litigation experience, and we are not intimidated by the prospect of presenting your claim to a jury. We will have a candid conversation with you regarding when it is beneficial to accept a settlement versus when we feel you may do better with a jury.
Texas Slip and Fall Accidents
At Kemmy Law Firm, we want to reassure you that we handle slip and fall accidents that occur on all types of properties, public or private.
Do not hesitate to call us following a:
- Slip and fall at a grocery store
- Slip and fall at a big box store
- Slip and fall at a retail store or mall
- Slip and fall at a movie theater
- Slip and fall at a gym
- Slip and fall at a restaurant or bar
- Slip and fall at a doctor or dentist’s office
- Slip and fall at a hotel or motel
- Slip and fall at a public or private pool
- Slip and fall in an apartment complex or high rise
- Slip and fall at a single-family home
- Slip and fall at a public park
- Slip and fall at work
- Slip and fall on an oilfield
Slip, trips, and falls happen for all sorts of reasons. We are highly experienced in identifying and addressing the nuances of these cases. Was the spill on the floor obvious, or did it blend in with the tile? Did the property owner take any steps to keep a cord out of the way of foot traffic? Did the city of Odessa fail to maintain the sidewalk? Have slip and falls happened on that property before?
We are also careful to consider your status on the property and the specific duty owed you.
- Invitees are individuals on the property with permission and for the mutual benefit of themselves and the owner. This includes business clients, customers, and patrons. Property owners and managers owe invitees the highest duty of care. They must keep their property reasonably safe, which means they are responsible for routinely inspecting the property for hazards. Owners and managers can be held liable for dangerous conditions they knew or should have known about and failed to fix or warn invitees about.
- Licensees are individuals on the property with permission but for their benefit, such as social guests and salespeople. Property owners and managers owe licensees the second-highest standard of care. They must protect licensees from dangerous conditions they know about, either by repairing the condition or warning guests about it.
- Trespassers do not have permission to be on the property. Property owners and managers owe a limited duty to trespassers. They only must refrain from intentionally or recklessly harming trespassers. However, there may be an exception to this rule when property owners or managers are aware that children trespass on the property. They may owe the children a higher duty of care.
We Take Slip and Fall Cases to Trial and Win
Many slip and fall injury victims are unsure of hiring a trial lawyer. You may worry that you will end up in a contentious and lengthy court case. This is never our goal.
With over 50 years of trial experience and success, we can tell you the benefit of working with a veteran is that your personal trial attorney will focus on being trial-ready throughout your case. Whether or not you receive an appropriate settlement, you can be confident that they have thoroughly investigated the accident, gone over every piece of evidence multiple times, and have examined the case from various points of view. Being prepared for trial is always an advantage during insurance settlement negotiations.
It is also important to remember that a settlement offer is not guaranteed after a slip and fall. A homeowner may not have insurance, a business may deny liability, and insurers may refuse to agree to a fair sum. In all of these circumstances, you need an attorney willing and ready to fight for your rights before a jury.
At Kemmy Law Firm, we are proud of our record of success, and the millions that we obtained for our clients in settlements and court verdicts.
Call Kemmy Law Firm Today
After sustaining serious injuries in a slip and fall, we recommend calling a Odessa slip and fall lawyer for advice. We understand contacting an accident attorney can cause anxiety, particularly about the cost. By offering free initial consultations, there is no risk in talking with us. If you believe we are the right firm for you, then we’ll accept your case on a contingency basis. There are no upfront costs. Instead, you only pay us if we win you compensation.
Schedule a free consultation - no fees unless we win or settle your case.