Losing your footing in public is embarrassing, at best. At worst, a slip or trip and fall can cause serious injuries. When you fall on someone else’s property, negligence is often at work. Many falls result from unrepaired hazards that the property owner should have known about and warned you about. If that is the case, the property owner might be liable to you.
If you suffered an injury from a fall outside your home, consulting a personal injury lawyer soon after the accident is a good idea. They could determine whether a property owner might be liable to you and suggest the best way to proceed. Discuss your case with a seasoned Harker Heights slip and fall lawyer as soon as possible.
Each state sets statutes of limitation, which are laws defining the amount of time someone has to bring a lawsuit. Failure to file a suit within the timeframe bars a person from ever bringing their claim. In Texas, Civil Practice Law and Remedies §16.003 sets the statute of limitations for personal injury claims at two years from the date of the accident.
Even if an injured person prefers not to sue, it is wise to begin working with an attorney as soon as possible after the accident. They will begin assembling the evidence they need to bring a strong case and could use the information to persuade the property owner’s insurer to make a fair and reasonable settlement.
If an accident happened on property owned or occupied by the State of Texas, the city of Harker Heights, or any other unit of government, then the timeframe to act is further compressed. Governmental entities require plaintiffs to file a notice of claim within six months of the plaintiff’s injury, and a plaintiff who does not file the notice may not name a government entity in a lawsuit.
Being injured in a slip and fall accident can be painful, expensive, and inconvenient. Seeking damages from the property owner is a way to get compensated for these costs. An attorney could help an accident victim document all the expenses and compensable losses that they incurred because of the injury.
Damage awards include money for economic damages, which are fixed expenses that are easy to prove and predict. Economic damages typically include items such as:
A victim also might receive an award for non-economic damages. These are sums of money paid to compensate victims for subjective losses they experienced because of the injury. Conditions that might merit compensation through non-economic damages include pain and suffering, loss of companionship, mental anguish and humiliation, loss of enjoyment of life, and loss of consortium.
Fault matters in a Harker Heights personal injury lawsuit. Texas law makes everyone in a negligence case responsible for the consequences of their actions.
If a suit goes to trial, the judge will apportion fault between all the parties. If the judge finds the plaintiff more than 50 percent responsible for their accident, they will not be able to collect damages from any other party. A plaintiff who is not primarily at fault could collect damages from parties with more responsibility, but the plaintiff’s award will be reduced by a percentage equal to their degree of fault.
In a slip and fall case, the property owner’s insurers might try to assign blame to the plaintiff when it belongs with the property owner. This strategy could reduce the insurer’s liability to the plaintiff. If the plaintiff has an attorney fighting for them, the insurance company might be less likely to get away with this tactic.
Recovering from an injury requires a lot of time and energy. If the injury was severe, every aspect of your life and your family’s life might be affected, and adapting to all the changes could be difficult.
You should not have to negotiate with insurance companies in addition to everything else you are going through. Putting your case in the hands of a Harker Heights slip and fall lawyer means that you will benefit from experienced, skilled advocacy while you recover from your ordeal. There is no time to waste, so call today.