Insurance adjusters take recorded statements to lock people down on their stories. Sometimes people say things they don’t really mean in their statements. For example, “it was an accident” may mean “they didn’t do it on purpose” to you when it means “no one was at fault” to an insurance adjuster. In premises case, your admission that you don’t know where the defect came from or how it was there will be used against you to show that the defendant also didn’t know where the defect came from or how long it was there. Finally, people will often say they are “OK” immediately after the incident only to find out that a day or two later that they have a significant pain level that requires significant medical care. So, were you “OK” or not? Something else happen to you? So you just started to say you were injured after you thought about it a while? These are the way insurance “think” are your statement. Don’t give them the ammo to use against you.
Texas law requires a lawsuit must be filed before the expiration of two years from the date of your injury. That is known as the “statute of limitations”. Making a claim against the insurance carrier is not the same as filing a lawsuit. You need to speak to a lawyer well in advance of the two year mark to determine if a lawsuit should be filed and to make sure the correct defendants are named in the case.
That depends on the nature and extent of your injuries as well as whether it becomes necessary to file a lawsuit. Keep in mind that if you are willing to take a poor offer, you can get your case settled quickly. Adjusters desire to settle your case quickly, before you realize how severe your injuries are or how significant your loss is. Ask yourself: Why are they willing to settle this so quickly? Adjusters are only interested in the “bottom line”; they don’t do anything for “fairness” or “justice”, just trying to close the file for as little money as possible.
These types of cases are often misunderstood. They are tricky and the injuries arising can be disabling and long-term in nature. Only through consulting a qualified attorney can you learn the true value of your claim and maximize your recovery. Finally, most of these cases require litigation to get the full value of the claim from the defendant. Your decision on hiring a lawyer with a history and reputation for litigating this cases and GOING TO TRIAL WHEN NECESSARY, will go a long way to maximizing your recovery.
For more information on Injured In A Premises Liability Scenario, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.