Legal Question in Personal Injury in Texas

Back in December I had a slip and fall on ice due to my apartment complex leaving the lawn sprinklers on in freezing weather. I had concussion and a sprained neck. I have undergone physical therapy and other medical expenses (mostly copays and deductibles) including emergency room of roughly $1200.00 out of pocket. Total bills ran roughly $9000.00. My health insurance company is also charging back claims to the apartment complex. I still have occasional neck pain. I am looking to close my case and recover expenses for my out of pocket expenses as well as pain and suffering. I had to take 20 additional days off work as well. I did have to pay those back and work additonal 20 shifts. I am wondering how much in addition to the $1200 for out of pocket I could recover for my pain and suffering as well as inconvience.


Asked on 7/23/09, 3:13 pm

1 Answer from Attorneys

Dan Street Street Law Firm

"Premises Liability" claims are, by far, the most difficult personal injury cases to prove and win in Texas. The reason is that George Bush, the legislature, and Bush's appointees to the Texas Supreme Court wrote the laws in such a way that businesses are protected from lawsuits (and individuals who have been injured frequently walk--or limp--away with nothing). Even though I'm sure you feel your case is a "no-brainer," I can absolutely assure you that it is not--and that you will be in way over your head before you know it. My best advice to you is to retain a competent personal injury attorney immediately. While your case is not large in terms of dollar value, it is large in terms of importance TO YOU. For that reason alone, you should make sure you are receiving every dollar to which you are entitled, and the ONLY way to do that is to have a competent attorney on your side. A good attorney can get more for you than you could ever get for yourself, even after considering his/her fee. Even more importantly, if and when the insurance company denies liability (or refuses to pay what you think they should), you will be ready, willing and able to file an immediate lawsuit (which is the only language big corporations and insurance companies listen to). A good attorney will know to examine all 13 categories of damages allowed by Texas law and make sure you obtain compensation in each of the categories for which you qualify. (And, by the way, there is no compensation for "inconvenience" in Texas.) Good luck to you, and let us know if you would like help with your case.

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Answered on 7/23/09, 4:01 pm


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