Accidents can happen anywhere, and public places are no exception. Slips, trips, and other injuries can occur in stores, parks, sidewalks, restaurants, or other public locations. If you suffer an injury in a public place in Texas, understanding your rights and how to file a claim can make a significant difference in obtaining the compensation you deserve. Here is a step-by-step guide to help you navigate the process.
1. Determine Liability
Before filing a claim, you must determine who is responsible for your injury. Liability in public places can be complex, as it depends on who owns or maintains the property. Some common entities that may be liable include:
- Businesses (restaurants, stores, shopping malls)
- Government Entities (public parks, sidewalks, courthouses)
- Private Property Owners (apartment complexes, privately owned public spaces)
Texas premises liability laws require property owners and managers to keep public spaces safe. If they fail to do so and their negligence causes an injury, they may be held responsible.
2. Document the Incident
Gather as much evidence as possible at the scene of the accident to strengthen your claim. Important documentation includes:
- Photos and Videos: Take clear pictures of the accident scene, including hazards like wet floors, broken pavement, or poor lighting.
- Witness Information: Collect names and contact information of anyone who saw the incident.
- Incident Report: If the injury happened at a business, request a copy of the incident report filed with management.
- Medical Records: Seek medical attention immediately and keep copies of all medical reports and bills related to your injury.
3. Report the Injury
Notifying the appropriate party is crucial. Depending on where the injury occurred, you should report it to:
- A Store or Business Manager: Request an official incident report.
- Local Government or Municipality: If you were injured on government property, you may need to file a notice with the appropriate department.
- Property Owner: If injured in a privately owned public space, inform the owner or property manager.
4. Understand Texas Premises Liability Laws
Texas premises liability laws differentiate between three types of visitors:
- Invitees: Customers in a store or visitors to a park are owed the highest duty of care. Property owners must ensure their premises are safe and warn of potential hazards.
- Licensees: Guests or solicitors are owed a moderate duty of care.
- Trespassers: Property owners have limited responsibility, but they cannot intentionally harm trespassers.
5. File an Insurance Claim
Most businesses and public places carry liability insurance. Filing a claim with the responsible party’s insurance company is often the first step in seeking compensation. Be prepared to provide:
- Medical records
- Incident reports
- Witness statements
- Evidence of negligence (photos, videos, etc.)
6. Understand the Time Limit for Filing a Claim
Texas has strict time limits for filing personal injury claims:
- Two Years: Most personal injury claims must be filed within two years of the accident.
- Six Months (or less) for Government Entities: If a government entity is responsible, you may have as little as six months to file a formal notice.
Failing to file within these timeframes could result in losing your right to compensation.
7. Negotiate a Settlement
Once you file a claim, the insurance company will review the evidence and may offer a settlement. Be cautious—insurance companies often offer low initial settlements. Having an experienced attorney on your side can help you negotiate a fair amount that covers:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical care
8. File a Lawsuit If Necessary
If negotiations fail, filing a lawsuit may be necessary. A personal injury attorney can help you gather evidence, represent you in court, and fight for the compensation you deserve.
Why Hire McGilberry & Shirer?
Navigating a personal injury claim can be complex, especially when dealing with insurance companies and legal deadlines. The attorneys at McGilberry & Shirer have over 60 years of combined experience helping injury victims in Texas. We handle all aspects of your case, from investigating liability to negotiating settlements and filing lawsuits when needed.
Get a Free Consultation Today
If you were injured in a public place in Texas, don’t navigate the legal process alone. Call McGilberry & Shirer for a free consultation. We fight to protect your rights and ensure you receive the maximum compensation you deserve.
