Denton, TX Personal Injury Law Firms & Lawyers | Page 2 Results

In order to prevail on a personal injury claim against the store, you must be able to prove two things. The first is that there was a dangerous and defective condition of the floor. If a floor is a wet and that makes the floor slippery then there is a potentially valid argument that the floor was in a dangerous condition. The second thing you must be able to prove is either that the store created the dangerous condition or that the condition existed for such a length of time that the store would have been able to discover it upon reasonable inspection. If the floor was wet because a store employee mopped the floor or because a store employee dropped something on the floor that made it wet, then the store created the condition. If the floor was wet because a customer dropped something on the floor that made the floor wet, then the store did not create the dangerous condition and you must prove that the wet floor existed for such a length of time that the store should have discovered it upon reasonable inspection. In terms of the injury part of the claim, your wife can make a claim for any medical bills she incurs, and lost wages if she loses time from work, and damages for her pain and suffering. Regardless of whether or not the store would be held liable for your wife's injuries, if the store carries liability insurance, there is often what is called medical coverage under the policy which applies whether or not the store is responsible for the injury. This means that the insurance company would pay for your wife's medical bills up to the limit of the amount of that coverage even if the store is not at fault for the injury. Unfortunately, that coverage is often only for $1,000 though it can be higher and that coverage would only be available if the store carries that type of coverage on the policy. That coverage is separate and apart from their liability coverage. The liability coverage comes into play only if you can prove the two issues discussed above. Also, note that there are time limits that apply to these types of claims. Presuming the store is not owned by some sort of governmental entity, the Statute of Limitations for these types of claims is two years. This means within two years from the date of the incident your wife would either have to have her personal injury claim settled, or file a lawsuit against the store within the two years or she would lose all her rights to make a personal injury claim. If the store was owned by some sort of governmental entity, then the Statute of Limitations is much shorter and you should consult an attorney to discuss that.

If the spill really happened inside of a minute before the fall, they're probably right, and you won't be able to collect on any kind of claim. But, contact a Personal Injury firm, and discuss it with an attorney there. Wal-Mart may have video of the incident that contradicts what's in the Manager's report. By the same token, the video may support what they're saying. But, with her injuries, there may be some PI lawyers who may take a flyer on her case.

You hopefully have the actual screw that you bit in to. Or, took a photograph of the screw.  And, if you were other people that were witnesses to corroborate your event.  The value of your claim depends on many factors.  You will need to keep the dental bills and any photographic evidence from your injury.  You also need to make sure you know the exact date that this occurred.  The value of your claim could be worth more than just the cost of the crown.   Any type of documentation you have would be helpful for an attorney to advise you on.  They will need to know the exact location and the county in Texas that you were injured.  If you have the names of the manager and/or other personnel from the store, that would be of help too when you discuss the claim with an attorney.   I would encourage you to call an attorney and talk directly with someone who does this type of legal work. Most of us charge nothing to talk to prospective clients in this area of legal work.