Were you injured in an accident at a park, pool, or another public place in Texas? Are you wondering how you might recover the compensation you need to pay your medical bills and other expenses after an accident that was not your fault?
Unfortunately, seeking compensation for an accident in a public place can be challenging, particularly if you were injured on government property. The Dallas personal injury lawyers at The Wilhite Law Firm know how complicated these claims can be, but we are confident that we have the right experience and skills to make a difference for you. We are available to answer your questions at any time, so contact our office today for a free consultation.
How Can I Make a Claim If I Am Injured in a Public Place in Texas?
If you are injured in a public place in Texas, the first step in making a claim is to determine who owns the property where you are injured. For example, a sidewalk may be owned by an individual, a business, or the local city government. You could file a claim against the property owner if you were injured on private property. Otherwise, you will need to pursue a case against the local government.
Cases against private property owners are more straightforward since they work like any other personal injury claim. You and your attorney will investigate the accident, determine who is liable for your injuries, gather evidence to support your case, and then file an insurance claim. If you cannot reach a fair settlement, you may need to file a lawsuit and pursue compensation in court.
On the other hand, if you were injured on government property, the process works differently. The timeframe to file a claim is much shorter than for standard personal injury claims. There are also specific filing requirements you have to meet that can vary from city to city.
Finally, you may have to show that you have grounds for a claim before a lawsuit can proceed, as the legal doctrine of sovereign immunity protects most government agencies from personal injury claims. Generally, government agencies can only be held liable for an accident if the government employee who caused the accident acted in the scope of their duties, and the employee would be found liable if they were a public citizen.
What Should I Do After I’m Injured in Public Place in Texas?
Here is what you need to do if you are injured in a public place in Texas:
- Call 911 to report the accident – By calling 911, police will respond to the scene and can file an accident report. Without a police report documenting the incident, you might have trouble recovering compensation for your injuries, especially in cases against government agencies. Calling 911 will also bring emergency medical responders to the scene if you need medical treatment.
- Document the accident scene – Take pictures of the accident with your cell phone. Note the specific spot where the accident occurred so you can try to determine who is potentially liable for your injuries. Also, take pictures of any hazards that may have contributed to the accident, such as a broken sidewalk or icy parking lot. Finally, taking pictures of your injuries is also a good idea to show what happened immediately after the incident.
- Seek medical treatment – Get to a doctor as soon as possible to treat severe injuries or detect any that might not be showing immediate symptoms. Once you have started treatment, hold on to all your medical records and receipts.
- Do not give any statements to insurance companies – The insurance companies are your real opponents in most personal injury cases. Adjusters will try to reduce or deny the value of your claim, so do not give any information to an insurance company before speaking to an attorney.
- Talk to a personal injury lawyer – Depending on where the accident occurred and who owned the property, you may only have a few days to file a claim if you wish to recover compensation for your injuries. Talk to a lawyer as soon as possible after an accident so they can review your legal options with you.
Who Can Be Held Liable If I’m Injured in a Public Place In Texas?
If you are injured in a public place in Texas, the liable party is whoever owns or is responsible for maintaining the property where you were injured. This could be a private individual, a business, or a government entity. To recover any compensation for your injuries, you will have to show that the liable party failed to take reasonable precautions to minimize the chance of an accident. You may also have to show that the party knew about the hazard that caused the accident but failed to do anything about it.
How Long Do I Have to File a Claim If I’m Injured in a Public Place In Texas?
In Texas, the amount of time you have to file a claim after an accident in a public place can vary significantly depending on who the liable party is. While you generally have two years to file a claim against private property owners, you may only have 30 days to file a claim against a city government. That is why it is so important to talk to a lawyer immediately after an accident. Any delay could cost you your chance to recover compensation for your injuries.
Contact A Dallas Personal Injury Attorney Today
Accidents in public spaces can be just as harmful as an accident on private property. You have the right to seek compensation from negligent property owners or government agencies. If you have been injured in a public space in Texas, contact The Wilhite Law Firm today for a free case review.
