A slip-and-fall accident can turn life on its head, leaving you with physical injuries, emotional trauma, and financial burdens to deal with. It all can become overwhelming to handle on your own. With the help of a Texas slip-and-fall lawyer, you can get a chance at the justice and compensation you deserve.
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At The Law Firm of Aaron A. Herbert, P.C., our Texas slip and fall lawyer understands the challenges you are facing and is here to help. With our compassionate and experienced team, you can focus on healing while we handle the legal complexities. We will fight tirelessly to protect your rights and maximize your compensation so you can focus on recovery and rebuilding your life.
Types of Slip and Fall Accidents in Texas, TX
Texas law holds property owners responsible for maintaining safe premises for visitors, whether on public or private property. If negligence leads to an accident that causes injuries, the property owner may be liable. Property owners have a legal obligation to inspect their premises regularly, identify and address hazards, and warn visitors of potential dangers.
Slips and falls can happen often in areas such as:
- Stairways due to inadequate lighting or slippery floors
- Restaurants and bars with unaddressed spills, recently mopped surfaces without any warning signs, or poorly maintained outdoor seating areas can pose a risk.
- Damaged and hazardous floors in public and private properties
- Apartments with poorly maintained staircases, icy sidewalks, and inadequate lighting can increase the risk of accidents
- Parking lots with potholes or unmarked hazards
- Escalators and elevators with trip hazards
- Construction sites with uneven surfaces, exposed wires, and hazardous materials can pose significant risks.
- Hotels with slippery bathroom tiles or loose guardrails
- Grocery stores with cluttered aisles where obstacles like unstocked canned goods can impede walking and lead to falls
- Retail stores like Walmart can have slippery floors, especially during wet weather
If you have been injured in a slip-and-fall accident in Texas, it is important to seek legal advice. An experienced slip-and-fall attorney can help you understand your rights, gather evidence, and pursue compensation for your injuries.
Serious Injuries from Slip and Fall Accidents
Slip and fall accidents are often underestimated by the general public. Images of a cartoon character splayed on the sidewalk after slipping on a banana peel may come to mind. However, these accidents can have serious and long-lasting consequences and should not be taken lightly. Even a seemingly minor fall can lead to debilitating injuries. Some of the most common injuries resulting from slip and fall accidents include:
- Traumatic Brain Injuries (TBIs): These can result in cognitive impairment, emotional disturbances, and physical disabilities, affecting a person's ability to work, learn, and socialize.
- Spinal Cord Injuries: These can lead to paralysis, loss of sensation, and bowel and bladder dysfunction, significantly impacting a person's quality of life.
- Bone Fractures: Broken bones, particularly in the hips, wrists, and ankles, can require surgery, physical therapy, and extended recovery time, limiting mobility and independence.
- Soft Tissue Injuries: These can include sprains, strains, and muscle tears, often causing chronic pain, reduced range of motion, and difficulty performing daily activities.
- Head and Neck Injuries: Whiplash, concussions, and other head and neck injuries can have long-term effects, such as headaches, dizziness, and cognitive difficulties.
If you have been injured in an incident that caused you to be injured in a fall due to someone else’s negligence, you may be entitled to compensation. Our Texas slip-and-fall lawyers can help. At The Law Firm of Aaron A. Herbert, P.C., we pride ourselves in helping injury victims reclaim their lives and recover compensation.
When to Seek Legal Action After a Slip and Fall
Many people hesitate to pursue legal action after a slip and fall accident, fearing that their injuries may not be serious enough to warrant a claim. However, the severity of an injury is not the sole determining factor. The impact of the accident on your life, both physically and financially, is crucial.
Common Grounds for a Slip and Fall Lawsuit:
- Premises Liability: Property owners have a duty to maintain safe premises. If they fail to do so and someone is injured as a result, they may be held liable.
- Negligence: If the property owner or manager knew about a dangerous condition and failed to correct it, they may be negligent.
- Lack of Warning Signs: If a hazardous condition exists, the property owner should warn visitors of the potential danger.
- Poor Maintenance: Inadequate maintenance, such as slippery floors, broken stairs, or faulty lighting, can create hazardous conditions.
If you are unsure whether you have a valid claim, consult with an experienced slip and fall attorney at The Law Firm of Aaron A. Herbert, P.C. We can assess your case, determine your legal options, and calculate your comprehensive case value. Do not let negligence and carelessness impact your life. Contact us today for a free consultation.
Maximizing Your Compensation for a Slip and Fall Accident
The financial consequences of a slip-and-fall accident can be substantial and far-reaching. You may be entitled to compensation for damages under Texas Civil Practice and Remedies Code Sec. 41.001. The types of damages you may be able to receive include economic, non-economic, and punitive damages.
Economic Damages:
These damages include losses that are directly correlated with a financial sum. They typically are associated with documentation like bills, invoices, and receipts, so be sure to hold on to any of this paperwork associated with your accident. Some economic damages you may be able to recover include:
- Medical Expenses: This includes past and future medical costs such as emergency care, hospitalization, surgery, medication, physical therapy, rehabilitation, assistive devices, and ongoing medical treatment.
- Lost Wages: If your injuries prevent you from working, you may be eligible to recover lost wages and benefits, including salary, bonuses, commissions, and benefits like health insurance.
- Reduced Earning Capacity: If your injuries permanently impair your ability to work, you may be entitled to compensation for future lost earnings, taking into account factors such as reduced earning potential, job opportunities, and career advancement.
- Property Damage: This may include damage to your clothing, personal belongings, or other property as a result of the accident.
Non-Economic Damages:
These damages are less easy to calculate as they are more intangible losses, such as pain and suffering. Your slip and fall accident lawyer can help you calculate these based on expert testimony, personal accounts, past precedents, and either with the multiplier method or the per diem method. Some non-economic damages you may be able to recover include:
- Pain and Suffering: This compensates for the physical and emotional pain and discomfort caused by your injuries, including physical pain, mental anguish, and emotional distress.
- Mental Anguish: This includes emotional distress, anxiety, depression, and other psychological injuries resulting from the accident.
- Loss of Consortium: If your injuries affect your relationships with your spouse or family members, you may be entitled to compensation for loss of companionship, intimacy, and household services.
- Loss of Enjoyment of Life: This compensates for the inability to participate in activities you once enjoyed, such as hobbies, sports, or social activities.
- Disfigurement: If your injuries result in scarring or disfigurement, you may be entitled to compensation for the physical and emotional impact.
- Loss of Consortium: If your injuries affect your relationships with your spouse or family members, you may be entitled to compensation for loss of companionship, intimacy, and household services.
- Loss of Enjoyment of Life: This compensates for the inability to participate in activities you once enjoyed, such as hobbies, sports, or social activities.
Punitive Damages
While punitive damages are not commonly awarded in Texas slip and fall cases, they may be possible in rare instances where the defendant's conduct was particularly egregious, such as intentional harm or reckless disregard for safety. By working with an experienced Texas slip and fall attorney, you can increase your chances of obtaining the maximum compensation you deserve.
The Question of Shared Fault in Slip and Fall Accidents
In Texas, the concept of comparative negligence plays a significant role in determining liability in slip and fall accidents. This means that if you are partially at fault for the accident, your compensation may be reduced.
Texas follows a modified comparative negligence system. This means that if you are found to be 50% or less at fault for the accident, you can still recover damages, but your percentage of fault will reduce your award. However, if you are found to be more than 50% at fault, you will not be able to recover any damages. Insurance companies often rely on shared fault to reduce the amounts they have to pay out, which is why having a lawyer build you a strong case may be able to help.
Several factors can contribute to shared fault in a slip and fall accident, including:
- Failure to Watch Where You Are Going: Not paying attention to your surroundings, such as looking at your phone or rushing, can increase your risk of a fall.
- Wearing Inappropriate Footwear: Wearing high heels, flip-flops, or other footwear that doesn't provide adequate traction can contribute to a slip and fall.
- Ignoring Warning Signs: If there are warning signs or barriers in place, ignoring them can increase your risk of injury.
Why Acting Quickly After a Slip and Fall is Crucial
When you are injured in a slip-and-fall accident, you should get started on your case as soon as you are able. Acting quickly can significantly impact the outcome of your case in a few ways. Your slip-and-fall lawyers will have the best chance of success the sooner you get started because the evidence will be freshest, you will meet all important deadlines, and you will have the longest amount of time possible to prepare for and negotiate your case.
The Importance of Preserving Evidence
Fresh evidence is always the best proof. Getting pictures actually at the scene of an accident can go a long way to prove that your story matches up with the actual events that occurred. If you fell down a staircase with a loose handrail, a landlord could tighten all the screws on it the day after you fell, leaving you with no proof that it was loose. However, if you act quickly, you may be able to record a video as evidence showing that the handrail was negligently secured.
Other evidence that fades with time is eyewitness memories. Testimony from witnesses to your accident can provide crucial information. Recording this, as well as documenting injuries, treatment, and detailed records of conditions, may also prove helpful.
The Statute of Limitations in Texas Slip and Fall Cases
Every state has specific time limits for filing personal injury claims. Missing these deadlines can permanently bar you from receiving any financial sum for your injuries. Under Texas Civil Practice and Remedies Code Sec. 16.003, there is a deadline of two years from the date of the accident to file a personal injury claim or lawsuit. Some situations may allow you to extend this limit or pause the clock temporarily, so speak to one of our slip and fall attorneys to determine if you are still able to make your claim.
Get Help From Texas Slip and Fall Attorneys
A slip-and-fall accident can be significant and should be taken seriously. At The Law Firm of Aaron A. Herbert, P.C., we understand the challenges you are up against and are committed to providing you with the support and legal representation you need to rebuild your life. With a Board Certification in Personal Injury Trial Law and a focus on personal injury, Aaron Herbert is the one to trust for your slip-and-fall case.
We offer 24/7 consultations and do not charge a fee unless we recover compensation. The time to file is now, so call (214) 200-4878 to schedule your free, confidential consultation today. You can discuss the details of your case with our Texas slip-and-fall lawyers to strategize the next best steps to protect your rights.