San Antonio Slip and Fall Lawyer
What may seem like a simple slip, trip, and fall incident on another’s property can sometimes lead to serious and long-lasting consequences for the injured person. If you slipped and injured yourself on someone’s property, and you believe that the premises owner’s negligence is to blame for your injuries, it may be wise to reach out to a skilled attorney.
A San Antonio slip and fall lawyer can review the facts of the incident and determine whether you may have a viable claim for monetary compensation. A diligent personal injury attorney can help you prove responsibility or liability and the injuries sustained in the slip and fall incident, and help you hold the negligent party accountable. En Español.
Injuries Frequently Sustained in Slip and Fall Incidents
The severity of the injuries a person may sustain in a slip and fall incident varies and depends significantly on the nature of the conditions that led to the incident. Slip and fall incidents can be commonly caused by bad lighting, dangerous staircases, slick surfaces, gaps or holes in pavement, exposed wires, and unsecured carpeting or floorboards.
Serious slip and fall injuries may include fractured bones, nerve damage, broken bones, traumatic brain injuries, neck injuries, and back injuries. Other injuries commonly reported after a slip and fall incident include lacerations, sprains, muscular injuries, shoulder injuries, ligament tears, and soft tissue injuries.
Negligence in Slip and Falls
To recover compensation on behalf of a slip and fall claimant, a San Antonio attorney is required to demonstrate that their claim satisfies the legal elements of premises liability. The nature of the burden of proof depends on the status of the claimant to the premises. Generally, most claimants are considered invitees, such as when you go to the grocery store to shop. As an invitee, the premises owner owes a duty to exercise ordinary care to keep the premises in a reasonably safe condition, inspect the premises, and discover latent defects. If the premises owner fails to do so, they may be negligent and held accountable.
The owner of a property is obligated by a legal duty of care to patrons as well as individuals they expressly invite onto the premises to keep the property free from reasonably discoverable hazards.
If the owner does not comply with their legal duty, and this breach causes someone to suffer injuries, the property owner can be legally liable for the compensable harms sustained by the injured party. For example, lost wages, medical expenses, pain and suffering, as well as loss of enjoyment of life, may be compensable.
Understanding the Comparative Negligence Theory
There may be slip and fall cases in which the court determines that both the injured party and the property owner acted negligently. Texas Civil Practice & Remedies Code § 33.001 contains the state’s comparative negligence law. Under this rule, if the injured party is no more than 50 percent negligent, they can still partially recover money damages. If the injured party’s percentage of liability is found to be more than 50 percent, then they are barred from recovery.
Moreover, any negligence allocated to the injured party would reduce their recoverable compensation proportionately. As an example, an injured party assigned 10 percent liability for their slip and fall incident could still receive 90 percent of their total compensation.
San Antonio Slip and Fall Claim Filing Deadline
Tex. Civ. Prac. & Rem. Code § 16.003 requires slip and fall plaintiffs to file a personal injury lawsuit within two years of the date that the slip and fall occurred. If the plaintiff waits to contact a San Antonio attorney and tries to file their slip and fall claim after more than two years have transpired, they will generally, with few exceptions, no longer be eligible for financial recovery, and the court will reject their lawsuit outright.
Step-by-Step Guide for Slip and Fall Claims
After a slip and fall on someone else’s property, seek medical attention immediately, regardless of injury severity. Prioritizing health also creates documentation to pursue a claim against the responsible party.
Filing an accident report is also vital for businesses, such as grocery stores, and for insurance companies. After filing the report, begin gathering evidence, such as photographs or videos of the property defect, injuries, and other pertinent information about the accident.
After gathering all the crucial evidence, a skilled San Antonio slip-and-fall attorney can help prepare the claim, send a demand letter to the responsible party’s insurance company, and begin negotiations. If they cannot reach an acceptable settlement amount, they can help the injured person prepare and file the claim in civil court.
Compensation in a Trip and Fall Lawsuit
After establishing liability, the court awards compensation based on the severity of the injured person’s injuries and how they will continue to affect the injured person in the future. They can document the severity of injuries using medical records, showing the short and long-term impacts. The court will also consider whether the individual played some small part in the accident and their injuries, such as wearing shoes without good traction.
Under Texas Civil Practice and Remedies Code § 33.001, if the civil court finds the plaintiff shares a portion of liability, it will subtract that percentage from the award for damages. However, if they find the plaintiff is more at-fault, 51 percent or more, they will bar them from obtaining a settlement altogether. The injured person is eligible to recover economic damages, which cover quantifiable losses, such as hospital bills, emergency room charges, physical therapy, medication, and lost wages.
The court also typically awards payment for non-economic damages, such as emotional distress, permanent disfigurement, scarring, disabilities, and pain and suffering. A slip and fall lawyer in San Antonio can help gather the vital evidence, build a powerful case, and fight for the maximum potential payout.
Frequently Asked Questions
Some common questions and answers about slip and fall claims are below:
What Should I Do After a Slip and Fall?
After a slip, trip, or fall on someone else’s property, the first step is to report it to the person in charge of the premises to file an accident report. The next step is to begin documenting everything, including photographs of the dangerous condition, the scene of the fall, and the individual’s injuries.
Also, collect witness statements and contact information from anyone who witnessed the fall. After documenting the accident, seek medical care and keep the medical records and bills in a safe place.
How Do You Prove Liability?
Establishing fault and liability requires showing the following elements exist:
- A duty of care the property owner has to inspect the premises and keep it safe for visitors
- A breach of duty proving that they were negligent, such as failing to recognize a foreseeable hazard and fix the problem before an accident occurred
- Causation that the landowner’s breach was directly related to the accident and injuries
- Damages showing that the injured person sustained actual damages, including bodily injuries and lost wages
After the court determines the plaintiff has successfully proved that each element exists, they award damages based on the specifics of the case.
Is There a Time Limit to File a Lawsuit?
Yes, there is a time limit. The Texas personal injury statute of limitations starts on the day of the accident and expires two years later. Failing to commence legal action within the requirements of the statute will typically mean losing eligibility to obtain a settlement.
What if I Was Partly at Fault?
The civil courts in Texas follow a modified comparative fault rule. That means they reduce the total amount of damages by the plaintiff’s percentage of fault.
Reach Out to a San Antonio Slip and Fall Attorney Today
A San Antonio slip and fall lawyer could draw upon the wide breadth of their experience and resources to help you seek just financial recovery for your injuries. An attorney could negotiate with the property owner’s insurance company for the comprehensive value of your claim. If a settlement is not possible, a lawyer could aggressively represent your interests in court before a judge or jury.
Call now to set up your confidential case evaluation and learn more about starting a claim.
