Cities throughout Southeast Texas host fairs or festivals that are intended to provide residents with an assortment of fun activities to participate in. Certain attractions are these fairs and festivals might be riding that were quickly erected by a traveling crew, and failure to maintain rides or safe conditions on the general premises of fairs and festivals can lead to various kinds of accidents.
Many victims who have been injured in accidents at fairs or festivals often become concerned because the companies that operate some attractions leave town just as quickly as they entered. It can often feel like an impossible task to hold a negligent party accountable for the harm they have caused.
Did you sustain severe injuries or was your loved one killed in an accident at a fair or festival in the Beaumont-Port Arthur Metropolitan Statistical Area? You do not want to wait to contact Portner Bond, PLLC.
An insurance company may contact you, and you will want to have a lawyer handle all phone calls on your behalf. We can examine your case as soon as you call (409) 838-4444 or contact us online to receive a free consultation.
Do I Need A State Fair Injuries Lawyer?
Your right to compensation is usually going to be dependent on your amount of negligence as it relates to your accident. Texas is considered a modified comparative fault state, which means that you can only file a lawsuit against another party when you were not more than 51 percent at fault for your injuries.
An insurance company is going to immediately look for ways to assign as much negligence as possible to you. One of the easiest ways to do this is by simply getting you to acknowledge your own negligence.
For this reason, you should avoid saying anything about your accident to an insurance company, and you should never provide any recorded statement to a claims adjuster until you have an attorney. Most agents are trained to get people to unknowingly say things that do incredible damage to their injury cases.
Another tactic an insurance company could employ is offering you and pressuring you to accept a lump sum settlement. You are right to doubt if you are really being given the best offer because the chances are that you are not, but a lawyer will be able to negotiate for a fair and full settlement.
Why Choose Portner Bond, PLLC To Handle My Case?
Portner Bond, PLLC serves clients in Beaumont and Port Arthur as well as several other surrounding communities in Liberty County, Jefferson County, Fort Bend County, Chambers County, Galveston County, Tyler County, Hardin County, Orange County, and Jasper County. We have more than 85 years of combined experience
Chris Portner was named a rising star in Texas Monthly in 2007 and 2008 by Texas Super Lawyers. He is a member of the American Association for Justice, Jefferson County Young Lawyers Association, Jefferson County Bar Association, and State Bar of Texas as well as the prestigious Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.
Trent Bond is one of the few attorneys who is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He is also the vice president and former director of the Jefferson County Bar Association.
Portner Bond, PLLC will not hesitate to take your case to trial when an insurance company is unwilling to provide the appropriate compensation to make you whole again after an accident. We also handle these cases on a contingency fee basis, which means that you will not have to pay us unless you get a monetary award.
Types of State Fair Injuries Cases We Handle
There are many different festivals and fairs that occur in the greater Beaumont area every year. Some of the major annual events include, but are not limited to:
- South Texas State Fair in Beaumont, TX
- Drillers Reunion: Spindletop Anniversary in Beaumont, TX
- Boomtown Film & Music Festival in Beaumont, TX
- South Texas State Fair in Beaumont, TX
- DOGtober Fest in Beaumont, TX
- Mardi Gras of Southeast Texas in Port Arthur, TX
- Nederland Heritage Festival in Port Arthur, TX
- Cajun Heritage Fest in Port Arthur, TX
- Port Neches RiverFest in Port Arthur, TX
- Garden Festival in Port Arthur, TX
- Mexican Heritage Festival in Port Arthur, TX
- Groves Pecan Festival in Port Arthur, TX
- Lighted Cultural Holiday Parade in Port Arthur, TX
- Mardi Gras Ball, Parade, and Concert in Orange, TX
- Wine and Jazz Fest in Orange, TX
- OCARC Fishing Tournament in Orange, TX
- Orange Music Fest in Orange, TX
- Scarecrow Festival at Shangri La Botanical Gardens and Nature Center in Orange, TX
- Autumn Fair at Shangri La Botanical Gardens and Nature Center in Orange, TX
- Christmas Parade and Festival in Orange, TX
The types of accidents that people are involved in can vary depending on the nature of the fair or festival and the kind of attractions they offer. Certain rides may fail because of operator error, mechanical defects, or failure to maintain equipment.
People can suffer a wide variety of injuries in these accidents. Some of the most common injuries include, but are not limited to:
- Traumatic brain injuries (TBIs)
- Nerve damage
- Sprains
- Paralysis
- Fractures
- Neck injuries
- Internal organ injuries
- Scrapes, cuts, or lacerations
- Spinal cord injuries
- Muscle strains
Some accidents could also result in fatal injuries. In such cases, the family of a person killed in a state fair accident could be able to file a wrongful death lawsuit.
What should I do after a local fair or festival accident?
When you or your loved one has been hurt in an accident at a local fair or festival, you will always want to be certain that you receive medical attention. Even if you do not think that you sustained an injury, it is still a good idea to go to a hospital and have a physician perform an evaluation to be sure.
If you wait and see the doctor days or weeks later, an insurance company may see that gap in medical treatment and claim that you were not hurt enough to seek treatment for any injuries.
Another valuable step for your take after your accident when it is possible is to try and take pictures of everything involved in the scene of your accident before the evidence disappears. Try to get photographs from lots of different angles and distances, so you have a wide variety of pictures.
Also, look for any people who saw your accident and ask for their names and phone numbers or some contact information in case they are needed as witnesses. When you cannot take these measures yourself because of the need for medical care, then ask a friend, family member, or co-worker to do this for you.
Try not to discuss your accident or your injuries on social media websites, as these are customarily the first places that insurance companies look for information to use against you. Do not speak to any insurer until you have an attorney.
What is premises liability?
Premises liability is an area of law concerning injuries caused by dangerous or unsafe property conditions. Property owners in Texas must warn their guests about any hazardous conditions or correct the possible dangers. When a person suffers an injury because of a dangerous property condition, the property owner could be held liable. It can be challenging to determine the party that was responsible for specific areas or attractions at fairs or festivals, and many people will usually deny any responsibility, so you will want to have a lawyer for help determining all possible liable parties.
What kinds of compensation can be recovered for a local fair or festival accident?
After liable parties have been determined, settlements are frequently the standard resolution to many fair or festival injury cases. Settlements are usually agreed to when they will be enough to cover all of the bills a victim incurred because of their accident, but some cases may go to court when insurance companies refuse to provide enough compensation. If a person can prove their case by a preponderance of the evidence, they could be awarded compensatory damages that typically include economic damages and non-economic damages.
Economic damages are actual costs a victim face like medical bills, lost wages, and property damage while noneconomic damages are far more subjective awards for emotional distress, pain, and suffering, or loss of consortium. An extremely limited number of cases could also result in punitive damages (also known as exemplary damages or vindictive damages), but such cases usually require plaintiffs to prove by clear and convincing evidence that defendants acted with fraud, malice, or gross negligence.
Contact a Beaumont State Fair Injuries Attorney Today
If you suffered catastrophic injuries or your loved one was killed in an accident caused by another party’s negligence at a fair or festival in Southeast Texas, you must take legal action right away. Portner Bond, PLLC is a firm you can count on to help you get justice.
We are familiar with a wide variety of different injuries and accidents, so we know from experience how to help you achieve the best possible recovery. Call (409) 838-4444 or contact us online to schedule a free consultation.