This is the next post in our series on slip and fall or premises liability cases against Fort Worth, Texas, landlords. Our last article discussed when landlords may be liable for injuries suffered on their property. All landlords must make a reasonable effort to make their property safe for tenants and invited guests. If they fail to meet this obligation, and an injury occurs as a result of that failure, then the victim may be able to recover damages. An experienced attorney can assist you in determining whether you have a valid case. In this article we will discuss the process of making a claim against the property owner’s insurance policy. If you need assistance then contact our office today to speak with a personal injury lawyer.
Fort Worth tenants may make a claim against a landlord’s homeowner’s or commercial liability insurance
Fort Worth area landlords will typically carry liability insurance as part of running their business. If a tenant is renting a single-family home then the property owner can be expected to have a homeowner’s policy which designates the home as a rental. If the tenant is renting a multi-family unit (a duplex unit, a unit in a small apartment building, or a unit in a large complex), then the landlord can be expected to have a commercial liability policy. Once a victim has retained an attorney then counsel will immediately inform the owner of the building of the representation and the fact that an injury occurred. The building owner or manager will forward the information onto their insurance carrier and, from that point forward, the victim’s attorney will deal with the insurer directly.
Once the injured individual’s long-term prognosis is reasonably known then their attorney will send a settlement demand to the insurance carrier. This demand will state the extent of the victim’s damages, including pain and suffering, and will include evidence of the same. This evidence can include payment records, medical bills, doctor notes, as well as documentation which demonstrates how the injury occurred. The attorney and the insurer will engage in back and forth negotiation. If a settlement cannot be reached then it will be necessary for your attorney to file a lawsuit. Very few cases go to trial; most matters settle before being tried before a jury.
Accident victims should understand that it may take substantial time before a case settles
An important point for accident victims to understand is that their long-term prognosis should be reasonably known before submitting a settlement demand to the insurance carrier. Submitting a demand prematurely can result in one receiving less than what they are entitled to. Consider the following example. Joe Tenant falls due to faulty lighting conditions in the common area of his apartment building. Joe assumes that he will make a full recovery so he accepts a “quick” settlement which does not include money or future surgeries or long-term care. Unfortunately, Joe has a spinal injury which does not recover in the way that he had hoped. Joe will now have to pay out of pocket for his future health expenses as he had already settled the case. If Joe had waited until his long-term prognosis was known, he could have demanded money for future surgeries.
An experienced personal injury attorney will give their client meaningful advice as to when it is best to settle. Moreover, counsel will be experienced in dealing with insurance carriers and should recognize when an adjuster is attempting to make a “low ball” offer. When selecting counsel to represent you, we suggest utilizing a firm that focuses on personal injury law and which has the necessary resources to handle the case. Noteboom – The Law Firm has multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We also employ an on-staff investigator and are dedicated to protecting the rights of our clients. Contact us today to speak with a Fort Worth personal injury lawyer.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.