There is no average settlement for a slip and fall accident in Texas. Many factors influence how much a settlement is worth, such as the severity of your injuries, the extent of your medical treatment, and the length of your recovery.
If you fell on another person’s property, you may be entitled to compensation for your medical expenses and more. Your lawyer may be able to help you recover damages from the responsible party.
Common Causes of Slip and Fall Accidents
Slips and falls can happen anywhere: indoors or out, at home or at work, even while out shopping. Some common causes of slip and fall accidents include:
- Spills and slippery floors: Spills that are not promptly cleaned up or cleaning with slippery cleaning agents can lead to dangerously slick floors.
- Clutter: Cords, wires, and empty boxes left lying around pose tripping hazards.
- Mats and carpets: Wrinkled or bunched floor mats and carpets are easy to trip over.
- Unstable ladders: Stepladders and extension ladders that are not fully locked, are on a slippery surface, or are overloaded can cause accidents. According to the National Institute for Occupational Health and Safety, falls from portable ladders are one of the most common causes of workplace injuries and fatalities.
- Parking lots and sidewalks: Pavement or sidewalks with cracks, holes, or uneven surfaces are common causes of trips and falls.
- Snowy or icy sidewalks: Outdoor surfaces that are not cleared can be hazardous.
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Who Is at Fault for a Slip and Fall Accident?
Determining who is at fault for a slip and fall accident can be complex. Texas Civil Practice and Remedies Code § 75.002 establishes limited liability for property owners. Under certain circumstances, property owners can be held liable for the injuries of someone who gets hurt in a slip and fall accident.
Property owners who meet the following conditions may be responsible for accidents on their property:
- Duty of care: The owner invited or gave consent to the injured party to enter the property. Therefore the owner must make the property safe or warn him or her about any known hazards
- Breach of duty: The owner knew about or should have known about the hazard but did nothing to fix it or warn the person about it
- Causation: The property owner’s breach of duty directly caused the slip and fall accident that led to the injury. So, the owner is financially responsible for the injury and related expenses
Under Texas law, property owners do not owe a duty of care to trespassers, but they cannot willfully injure them either.
Slip and Fall Accidents Cause Injuries
Slip and fall accidents can range from minor accidents that cause scrapes and bruises to major incidents that lead to serious injuries, permanent disabilities, and death. Here are some common injuries caused by slip and fall accidents:
- Traumatic brain injuries (TBIs): A TBI is a type of brain injury that affects brain function. TBIs can range from mild concussion to lifelong brain damage. According to the Centers for Disease Control and Prevention (CDC), falls are a common source of TBIs. Falls lead to half of all TBI-related hospitalizations
- Spinal cord injuries: Damage to the spinal cord causes permanent changes in strength, sensation, and bodily function, according to Mayo Clinic
- Broken bones: Broken hips, wrists, and arms are common injuries after a slip and fall accident
- Other injuries: Cuts, bruises, strains, and sprains are other common slip and fall accident injuries
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Recovering Damages After a Slip and Fall Accident
If you were hurt in a slip and fall accident, you might struggle to pay your medical bills as your injuries keep you out of work. You may be able to recover damages for:
- Medical bills: Including doctor’s appointments, MRIs, CT scans, X-rays, surgeries, rehabilitative therapies, wound care, prescription medications, and more
- Future medical care: That you may require
- Medical equipment: Such as braces, crutches, walkers, wheelchairs, and more
- Home modifications: If you need to make your home accessible; for example, widening doorways or adding a ramp
- Past lost wages: To compensate you for unpaid time off work during your recovery
- Future lost wages: To compensate you if you cannot return to work
- Pain and suffering: If you face a long recovery, become permanently disabled, suffer from chronic pain, become anxious or depressed, or otherwise have a reduced quality of life
If you lost a loved one, you might be able to recover damages for:
- Loss of support: For your loved one’s lost income and household services
- Loss of companionship, love, and comfort
- Pain and mental anguish
Benefits of Working with a Lawyer in a Slip and Fall Accident Case
Your lawyer can walk you through the complexities of a slip and fall case. Here are some ways your lawyer can help you:
- Investigate the accident and gather evidence that the property owner’s negligence caused your accident and injuries
- Estimate the value of your damages based on evidence, such as your medical bills, anticipated future expenses, and past wage statements
- File an insurance claim and submit supporting documents
- Negotiate a settlement that provides you with fair compensation
- File a lawsuit if negotiations fail
Legal Deadlines in a Slip and Fall Accident in Texas
The statute of limitations for slip and fall accidents is two years, as established by Texas Civil Practice and Remedies Code § 16.003. This law means that you have:
- Two years from the date of your accident to file a lawsuit for personal injury
- Two years from the date your loved one died to file a lawsuit for wrongful death
If you wait any longer, you forfeit your right to sue.
Loncar Lyon Jenkins will Fight for Your Rights
You may be entitled to damages for medical expenses, lost wages, and pain and suffering if you were injured or lost a loved one in a slip and fall accident. Your lawyer with Loncar Lyon Jenkins can help you seek a settlement from the at-fault party.
Call in the Strong Arm today by dialing (877) 239-4878 for a free case consultation. We work on contingency, so you pay nothing unless we win your case.