Muleshoe, TX Personal Injury Law Firms & Lawyers

You should immediately call a lawyer and discuss your case with them.  There are related issues of how to attempt to file supplemental police report as well as hiring an accident reconstructionist in order to try and prove the liability in your case.  Most attorneys who do this type of work will give you a free consultation.  Give one a call.  Do not discuss your case or give a recorded statement until you have consulted with a lawyer. Your insurance company will have a right of subrogation as to any monies you recover if you can prove liability.  You should gather your medical bills and (EOBs) together and bring them with you or mail them to the lawyer you speak with.

If the defendant is a Doe, you should have completed service by publication. Did you do that? *CODE OF CIVIL PROCEDURE * *SECTION 583.210-583.250 * 583.210. (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be filed within 60 days after the time the summons and complaint must be served upon a defendant. 583.220. The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a general appearance in the action: (a) A stipulation pursuant to Section 583.230 extending the time within which service must be made. (b) A motion to dismiss made pursuant to this chapter, whether joined with a motion to quash service or a motion to set aside a default judgment, or otherwise. (c) An extension of time to plead after a motion to dismiss made pursuant to this chapter. 583.230. The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to a motion for dismissal. (b) By oral agreement made in open court, if entered in the minutes of the court or a transcript is made. 583.240. In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceedings in the action was stayed and the stay affected service. (c) The validity of service was the subject of litigation by the parties. (d) Service, for any other reason, was impossible, impracticable, or futile due to causes beyond the plaintiff's control. Failure to discover relevant facts or evidence is not a cause beyond the plaintiff's control for the purpose of this subdivision. 583.250. (a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person interested in the action, whether named as a party or not, after notice to the parties. (b) The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expressly provided by statute.

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.