This is the next article in our series on the handling of slip and fall cases against Fort Worth, Texas landlords. Our last article discussed making a claim against a landlord’s insurance. The large majority of rental property owners will have some type of coverage which will apply to an injury. A victim’s attorney will handle negotiating with an insurance carrier while the client focuses on the important business of treating their injuries. Selecting qualified counsel can be crucial in such matters. In this article we will address the question of how long it may take to settle such a case. If you are in need of assistance then contact our office today to speak with a personal injury lawyer.
A Fort Worth injury victim may wait several months, if not longer, to settle a case against a landlord
We briefly discussed in our prior article that a Fort Worth injury victim should typically not settle unless their prognosis is reasonably determinable. As we discussed, settling the matter without knowing the actual chances of a recovery can leave one without the money needed for future medical expenses. It can also leave one without the money needed for future lost wages. Suppose, for example, that tenant slips on a faulty step and severely injures their shoulder. They expect that they will regain their full range of motion, so they settle the matter even though they are still treating their injuries. They later find out that there is permanent damage to the shoulder joint. They will either live with a limited range of motion or they will require a shoulder replacement. Unfortunately, their settlement did not include money for these future procedures, nor did it include money for the additional pain and suffering or lost wages. Under this example, the financial detriment of settling early is obvious.
There are situations where it can take many months, if not multiple years, before a victim’s long-term prognosis is reasonably determinable. In cases which involve a serious injury, one may require multiple surgeries over a period of time and only the passage of time will show the extent of the recovery one will enjoy. If a recovery may take multiple years then the victim’s lawyer can file a lawsuit to protect the statute of limitations. Counsel can continue to stay in touch with the insurer, and negotiate the matter, after a lawsuit has been filed. An attorney will provide honest and objective advice as to when it is, and is not, in the best interest of the victim to settle.
Your attorney may suggest an independent medical examination prior to submitting a settlement demand
If a case against a landlord involves serious injuries, then counsel may suggest that one undergo an independent medical examination (IME) prior to submitting a settlement demand. An IME is performed by an independent physician who will give an opinion on the chances of long-term recovery and the types of future care that will likely be needed. Such opinions are typically not offered by treating physicians and having an expert report can be necessary when submitting a large demand to an insurance adjuster. An experienced personal injury lawyer will arrange the IME and will typically front the cost of the examination (these costs will typically be deducted from the eventual settlement). An experienced personal injury lawyer will often have relationships with doctors who are able to offer such expert opinions.
If you have suffered a serious injury due to the negligence of a landlord then it is important that you retain a firm that is qualified to handle such matters. Noteboom – The Law Firm has multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. We focus exclusively on the area of personal injury law and we are proud of the level of representation which we provide. Contact our firm online or by telephone if you have been injured on a landlord’s property. 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.