McKinney Slip and Fall Claim Process
From the plaintiff’s perspective, the McKinney slip and fall claims process is necessary but frustrating. Slip and fall claims in Texas have specific requirements and elements, each of which must be carefuklly established and supported during litigation.
What Makes a Slip and Fall Case Unique
In a slip and fall case, the plaintiff and their lawyer must present evidence to show that the defendant knew or should have known of the premises defect. If the lawyer is able show that due processes or procedures were not followed and provide evidence that the defendant created the danger themselves, the defendant may be required to pay the claim. If the plaintiff cannot show that, however, summary judgment may resolve the case against the injured party without an opportunity to present their case to a judge or a jury to determine the amount of any liability.
Another unique factor of slip and fall cases is that much of the evidence the injured person needs is in the hands of the defendant. As an example, when the defendant is a corporate entity such as a store in a slip and fall case, the plaintiff may need the store’s schedule for walking the premises for cleaning, or their logs to determine whether an employee went through the store and made sure there were no hazards. That information resides completely with the defendant. Sometimes, the lawyer for the plaintiff must file a lawsuit before they can get the evidence needed to overcome summary judgment, which makes the case more expensive and tends to lengthen the process of prosecuting the claim.
Initial Consultation for a Slip and Fall Claim
In the initial intake meeting with an attorney, it is important that the complainant shares everything they know about their prior and current health history, including what areas of the body were injured and how they were injured. If they have prior injuries or disability in those areas, it important that the lawyer knows about them.
The client should be prepared to share everything they know about how the fall occurred, why the fall occurred and how badly that the client was injured in the fall. Photographs and other documentation from the scene could also be crucial pieces of evidence that a complainant should bring to an initial consultation.
How an Attorney Builds a Claim
Some of the first questions from a slip and fall lawyer may be liability questions. They need to be able to show that the premises owner knew or should have known about the hazard that caused a plaintiff’s injuries. Without a good chance of developing that evidence, the case may be lost before it is even started.
The lawyer may also ask questions to identify the degree of damages and determine whether there are future damages that need to be developed as part of the case. As part of case intake in these slip and fall cases, the lawyer will want to see pictures of the premises and pictures of the defect to see not only if the condition is likely known to the premises owner or occupier, but also determine if the condition is open and obvious to persons using the premises.
Last, the lawyer may also examine insurance information. Sometimes, the insurance information must be obtained from the premises owner. Most premises owners have insurance coverage, so that task may be left for later.
Reach Out to a Lawyer for Help With the Slip and Fall Claims Process
If you have been injured in a slip and fall on someone else’s property, you may be overwhelmed by the prospect of a legal claim. The McKinney slip and fall claim process can be daunting, but an experienced attorney could help walk you through each step to recovering compensation. Call a lawyer today to schedule an initial consultation