I fell at my apts, are they responsible?

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I fell at my apts, are they responsible?

There was a giant gap in a slanted
sidewalk that my converse shoes got
stuck in and I fell. I now have a
hairline fracture. A maintenance man
from the apartments watched the whole
thing and didn’t say anything, just
walked into the maintenance building. I
have a pic my phone captured as I fell
of part of the crack I fell in. They
filled it up today fell 3 days ago
after I complained about the crack and
slanted sidewalk. It’s not the first
time I fell either. This time it was
bad. What happens next?

Asked on February 5, 2018 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Tha apartment complex (landlord) is liable for your injury because you fell on the premises.
Prior to filing a lawsuit based on premises liability against the landlord, it may be possible to settle the case with the landlord's insurance carrier.  Notify the landlord and insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the landlord and apartment complex.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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