This is the first post in a series discussing the handling of slip and fall cases in Fort Worth, Texas. We have previously written about when a premises owner will be liable for an individual’s fall and how to proceed after a fall occurs. In this series, we will explain in greater detail the process that will occur following the incident. Understanding this process will help people to manage their expectations moving forward. It will be important to select an experienced personal injury lawyer to assist you. If you or a loved one has been injured, contact an attorney as soon as possible.
In this series we will discuss several important topics, including:
- Dealing with insurance companies after an injury
- The application of comparative fault
- The need for expert witnesses in such matters
- The determination of a victim’s damages (including possible punitive damages)
We are writing about these issues for multiple reasons. First, the process of dealing with insurance companies can be complicated and potentially lengthy. It is important to understand that an adjuster representing the property owner may not have the victim’s best interests in mind. Second, it is possible to recover damages even if the injured party was partly responsible for the accident. Third, it may be necessary to retain expert witnesses to establish the defendant’s liability and the amount of damages. Last, determining damages may take a significant time period depending on the types of injuries suffered. Items such as medical expenses and care, lost wages or possible punitive damages will be considered in the calculation.
Slip and fall cases are often litigated and can be contentious. Cases will involve the application of complex legal principles and commonly require expert testimony. We suggest retaining a law firm with multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. It is also important for the firm to have the on-staff resources to conduct an investigation of the matter and to access the necessary experts to support your case. These suggestions are applicable in Fort Worth, Dallas and other areas of Texas.