Slip and Fall Lawyers in Odessa, TX

Why Choose Kemmy Law Firm?

We know that you may be looking at months of recovery. Or, you may have sustained a permanent disability and are unable to return to your job. Kemmy Law Firm offers slip and fall victims of 50 years of legal experience. Our background includes aggressively negotiating favorable settlements for our clients. However, we never push our clients to accept an offer that is less than what their claim is worth. We are also highly skilled litigators and are never afraid to take a case to trial when that is our client’s best option.

Our slip and fall injury lawyers have the passion, skills, and resources necessary to set things right. We have been going up against big companies and insurers for decades. We know how to build strong cases, including using accident reconstruction, medical, economic, and industry experts. Once we establish an argument on your behalf, we utilize aggressive negotiation tactics to achieve a fair settlement.

Our family of Texas trial attorneys also extend each client the same kindness, respect, and honesty we give each other. By limiting our caseload and treating clients like we’d like to be treated, we ensure plenty of time is dedicated to your case so your concerns are addressed and any questions are answered.

Slip and Fall & Premises Liability Cases We Handle

At Kemmy Law Firm, we handle all types of premises liability cases, including:

• Slip and falls
• Falls from heights
• Swimming pool accidents
• Stair accidents
• Elevator and escalator accidents
• Sidewalk and parking lot accidents
• Wet surface accidents
• Dog bites
• Inadequate security and crime

These incidents occur on public and private property. We are here to help whether your claim is against a private homeowner, private commercial property owner, or a government agency.  We understand the nuances that impact premises liability cases and are here to maximize your claim for compensation.

Common Injuries in Slip & Fall Accidents

A slip and fall can cause moderate, serious, or catastrophic injuries. When it comes to getting what’s right from the property owner or manager, you need an accurate evaluation of your injuries and the value of your physical, psychological, and financial damages.

Common slip and fall injuries include:

• Broken bones, such as broken wrist, arm, ribs or hip;
• Dislocated joints, such as a dislocated shoulder;
• Concussions or more serious traumatic brain injuries;
• Soft tissue injuries, including stretched or torn muscles, tendons, or ligaments;
• Neck and back injuries, such as herniated discs, slipped discs, or fractured vertebrae; and
• Spinal cord injuries and paralysis.

After a slip and fall, we recommend seeing a physician within 72 hours. This is to ensure any injury is diagnosed and treated promptly. The doctor’s visit is also to begin documenting the accident and your injuries for your future claim.

The next step is to contact a slip and fall lawyer. The only way to obtain an accurate valuation of the harm you have suffered is to talk with an experienced trial attorney. At Kemmy Law Firm, our decades of experience give us insight into the value of your injuries. We know how similar cases have settled and how juries react in these cases. This information is invaluable in gauging your non-economic injuries.

Fatal Slip and Fall Accidents in Texas

Though it is not common, slip and fall accidents can be fatal. If your loved one suffered deadly injuries in a fall on someone else’s property, call our slip & fall accident attorneys right away. If there is evidence that the property owner or manager’s conduct caused your loved one’s death, then Texas law may entitle you to file a wrongful death lawsuit in Odessa. If you are a surviving parent, spouse, or child, then you and these other surviving relatives may receive compensation. Our Texas wrongful death lawyers can help.

Who is Responsible in Slip and Fall Accidents

After a slip and fall accident, you must identify the at-fault and liable party—or parties. The party directly at fault may not be the same party who is responsible for compensating you for your injuries.

Identifying the responsible party often requires a thorough investigation. You do not want to rely on the property owner and their insurer’s conclusions.

We investigate the accident by

• Gathering photos of the property, any video footage of the fall, eyewitness statements, and the incident report.
• Looking at the property owner’s background to determine if similar accidents have occurred on the property before.
• Reviewing how the property owner, manager, or commercial tenant maintains the property.
• Collecting records regarding property inspections, who is responsible for repairs, and how people are warned of hazards.

An issue that commonly arises in slip and fall cases is comparative negligence. Property owners often try to defend themselves and deny liability by claiming the hazard was open and obvious. Typically, owners and managers are not liable for injuries sustained due to open and obvious dangers.

During our investigation, we will carefully consider whether the defect that caused your slip and fall would be considered open and obvious. Would a reasonably prudent person have noticed the hazard? Or would the average person not have reasonably observed the hazard in time to avoid it?

When the property owner attempt to deny liability, we may have one or more experts to testify regarding the cause of the slip and fall, the condition of the property, and the property owner or manager’s wrongdoing.

Slip and Fall Compensation

When another party is responsible for your slip and fall, the law might entitle you to your past and future physical, psychological, and financial injuries.

A slip and fall lawyer can help you obtain compensation for your:

• Medical Expenses
• Lost Income
• Physical Pain and Suffering
• Emotional Distress
• Scarring and Disfigurement
• Physical Limitations
• Reduced Earning Potential
• Reduced Quality of Life

Your economic injuries can be established with the use of your pay stubs, tax returns, medical bills, and receipts for injury-related expenses. If your earning potential has decreased, we may hire vocational and economic experts to discuss the differences between your pre- and post-accident earning capacities.

Slip and Fall Accident Claims Process

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 our Odessa personal injury lawyers. 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.