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McKinney Slip and Fall Cases

If you have suffered a serious injury because of another person’s negligent property upkeep, a lawsuit may be something you wish to pursue. However, McKinney slip and fall cases are notoriously challenging and could require the help of an experienced attorney. An attorney could preserve and gather evidence with the intent of bringing a claim against negligent parties. Contact an attorney today.

How McKinney Classifies Slip and Fall Cases

A slip and fall case is classified as a premises defect case. That is a modification of the ordinary negligence law that applies to everything else. It is harder to prevail in these cases but it is not impossible. In a normal negligence standard, one simply shows that a person or a company did or did not do something that a reasonable person would or would not do. With premises liability, the plaintiff must generally show that the owner or occupier knew or should have known of the danger. Sometimes, there is a higher standard to demonstrate this. As a result, a premises case is different from a general negligence case.

How Experienced Attorneys in McKinney Approach Slip and Fall Cases

Experienced slip and fall lawyers approach premises cases assuming they are likely to go to trial. At the least, a slip and fall case must survive summary judgment. That means it is likely the case is filed and extremely likely that the evidence is developed. It is critical from the beginning that the lawyer does what necessary to preserve the evidence.

That frequently means sending spoliation letters to prevent evidence from being destroyed, especially specific evidence they might need after a lawsuit is filed.

In a slip and fall case, a spoliation letter is critical to preserve cleaning logs, as well as videos and photographs of the scene before and after, as well as other important evidence. If the lawyer sends spoliation letters and the defendant fails to preserve evidence, that could be held against them. The plaintiff’s lawyer must show that the evidence is information the premises owner would normally keep and they know where the evidence was kept, and it disappeared or was destroyed.

Proving that helps the case move past summary judgment. The jury is instructed to consider the premises owner had evidence in their control and destroyed it. That may help the plaintiff meet their burden of proof in the right circumstances. Time is of the essence in these cases, especially when regarding evidence. If evidence is not preserved, it is gone. Because the plaintiff has the burden of proof, the loss of evidence works against them to the benefit of the defendant.

Where These Cases Are Heard

Slip and fall cases are filed in a district court or a county court at law in Texas. McKinney has county courts at law and district courts. District courts have an unlimited jurisdiction. The county court at law has more limited jurisdiction. Depending on the size of the case, one may want to file in one jurisdiction or the other and there are many reasons for doing so.

The length of a trial may be radically different because the district court’s jurisdiction is a general jurisdiction. The district court hears everything in the county including criminal cases, family law, and injury cases. As a result, sometimes the length of time lengthens for district courts whereas in county court, one could get their case to trial quickly since the county courts at law generally do not have family law jurisdiction and because they typically have misdemeanor criminal jurisdiction in those counties where criminal jurisdiction and civil jurisdiction have not been separated, like Collin County. The Constitution requires that people who are incarcerated be given primary status as far as getting their cases heard. So, in general, jurisdiction district court injury cases could languish behind felony criminal cases with incarcerated defendants. In general jurisdiction county courts at law, since the criminal jurisdiction is for misdemeanors only, most defendants are not incarcerated leaving the courts more flexibility in scheduling civil personal injury trials.

In addition, when someone seeks a more limited recovery in county court, they may have a six-person jury rather than a 12-person jury. Some lawyers feel that it is easier to get a verdict from a six-person jury than a 12-person jury. That is a consideration that some people look at regarding whether to file in the district or county court.

When an individual is injured at a large retailer, the corporate office might not be located in Texas. If an individual files a case with $75,000 or more in controversy, they always have the potential of filing the case in a state district court or having it moved to a federal district court or in initially filing the case in the federal district court where the injury occurred or where the principal place of business is for the defendant.

Federal District Courts

Federal district court rules are different from the state district court. The summary judgment standard is higher, so it is something that defendants need to consider when moving slip and fall cases to federal court where they are more likely to have a summary judgment granted. That is an issue that an individual has to think about when choosing who the defendants are in these cases and when choosing the amount they are claiming for recovery. The lawyer for the injured person could specifically claim less than $75,000 and avoid removal to federal court and the higher likelihood of having their case dismissed on summary judgment.

The decision depends on the nature of the injuries. When the injuries are severe, sometimes the plaintiff and their attorney make the decision to file in federal court knowing they have to win in federal court. Because of the difference in the summary judgment and other federal procedures, the lawyer for the injured person should consider really think and carefully decide where to file a case.

Let an Attorney Help

In McKinney, slip and fall cases are often challenging for victims who are looking to focus on their recovery. The legal requirements for proving negligence are challenging, and when your attention is focused on recovery, it could be hard to see that your case is heard and the negligent parties responsible for your injuries are held accountable. Instead of worrying over this, let an attorney vie for the compensation you need while you focus on healing. Reach out today to speak to an attorney.

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Reviews

The McCraw Law Group
4.8
Based on 83 reviews
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Michael Taylor
Michael Taylor
19:46 12 Feb 20
McCraw Law Group is an exceptional firm and I could not ask for more than what I received with their services. All of... their staff, from the clerks to the attorneys, were extremely helpful and caring and constantly asked me if I needed anything or if I had any questions or concerns. If you need to have someone on your side and trust them to have your best interests in mind, I would place that trust in The McCraw Law Group.Would I recommend them to my friends and family? I would without a doubt.Would I like to have them on the other side of a courtroom and going against them? Absolutely Not.To the staff that handled my case, I greatly appreciate all of your work and the result speaks for itself. Thank you!read more
Justin Hansen
Justin Hansen
12:29 07 Feb 20
The staff at the McCraw law group are second to none. They are intelligent and hard working people that will do their... best to make sure you are set to recover physically, emotionally, and financially from any injury. Thank you so much!!read more
Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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