Loraine, TX Personal Injury Law Firms & Lawyers

One cannot automatically make a claim just because one falls on someone's property. In this instance, clearly your wife is an innocent victim and not at fault. However, she would still have the burden of proving that the store did something wrong, or committed negligence. If water spilled on the floor seconds before your wife encountered it, it would be difficult to find fault with the store. The store would not be expected to have found the slippery substance in such short a time period. However, if the slippery substance was on the floor for quite some time, giving the store time to discover it, then it may be responsible. Certainly, if the spill was caused by the store or an employee, then the store is liable. My best suggestion is to contact an experienced slip and fall lawyer.

You need to check with your own uninsured motorist/underinsured motorist coverage as that may prove to be the only remedy. The laws overseas are totally different country to country and the likelihood of recovery directly from the perpetrator is not typically great.

Between your Question and Question Detail you ask 3 questions, which I will address separately. I am not addressing the facts of your accident, the drunk driver's fault or what your case is worth as you do not ask about those items. In addition, you do not provide enough information for me to answer questons regarding these items. Question 1: How do I sue a drunk driver who parked her car facing east in my westbound lane? To initiate a lawsuit you file a complaint against the drunk driver. You have her served with a copy of the complaint and a summons. There are a number of additional steps before going to trial but their explanation is beyond my ability to answer here. Question 2: Should you go after the drunk driver or her insurance company? Technically, you would always be going after the drunk driver. However, her insurance company will handle the claim, pay, depending on what your case is worth, you up to the drunk driver's Liability/ Bodily Injury coverage limits. They will also hire an attorney to defend her if you file a lawsuit. In almost all situations, you sue the at-fault driver; you cannot sue their insurance company. There are very few situations in which you could sue her insurance company. One would be if she filed for bankruptcy. Question 3: Should you hire an attorney? That is a question you have to decide for yourself. The more difficult a case is, either because of questions about fault or injuries, the more you should consider hiring an attorney. Attorneys have more knowledge about the process, the evidence needed and the value of a case. If a lawsuit needs to be filed because you cannot get it settled for an amount you consider is fair, you also should strongly consider hiring an attorney as the insurance company will hire an attorney for the at-fault driver. You would be at a significant disadvantage handling your own case against an attorney. Most personal injury attorneys offer a free initial consultation so you may want to contact one to learn more about your rights and what he or she can do for you.