Although you are not required to file a lawsuit to get paid after a slip and fall accident, you may need to file a lawsuit in some cases.
Whether filing a lawsuit is appropriate or necessary depends on the case. In some cases, for instance, you may need to file a lawsuit. Sometimes, it is the only way to get compensation for injuries from a slip and fall accident.
Fault in Slip and Fall Accidents
Common examples of negligence that might lead to liability for your injuries after a slip and fall accident might include:
- Failing to clean up a spill or other hazard that causes you to slip and fall
- Failing to warn you of missing floor tiles, holes in the carpet, or slick floors that lead you to slip and fall
- Failing to remedy or warn customers of broken or crumbling sidewalks or stairs, or broken handrails, which leads to a slip and fall accident
Whether a property owner or other third party is liable in these situations depends on many factors. These could include whether they were aware of the hazard and how long the hazard existed before the accident.
What steps the at-fault party had taken to remedy the hazard at the time of the accident is also relevant. Not every slip and fall accident means that you have a personal injury claim. However, if negligence led to your accident, you may have a case for compensation.
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Liability in Slip and Fall Accidents
If you slip and fall, you may have a legal case against:
- The negligent property owner
- The business or person leasing the property
- Other third parties, depending on your situation
Understanding the Insurance Claims Process
Filing a lawsuit may not be the only way for you to get paid after a slip and fall accident. You could file an insurance claim against the at-fault party’s policy, if such coverage is available.
For instance, if your fall occurs on a premises with a business insurance policy in place, such as a store or restaurant, you may be able to file a claim against that policy. Likewise, a homeowners insurance policy may provide coverage if you slip and fall while visiting a private home.
Your attorney can help you file an insurance claim with documentation of all your injuries and related expenses. With this document, you can provide evidence of negligence on the part of the insured party. Your legal team can then negotiate with the insurance company representatives to settle your claim. In many cases, you could resolve your case through a settlement before filing a lawsuit.
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Deadlines for Filing a Lawsuit After a Slip and Fall Accident
All state laws have deadlines for filing lawsuits in court. These deadlines or statutes of limitations vary according to the state and the type of lawsuit being filed. Under Texas Civil Practice and Remedies Code § 16.003, injury victims generally have two years from the date of their slip and fall accidents to file their lawsuits in court.
As a result, if you cannot settle with the insurance company for a lengthy amount of time, it may be time to file a lawsuit. Two years may seem like a long time, but the clock starts ticking at the time of your injury.
Although you may be able to resolve your case through more informal negotiation, you should never wait to file a lawsuit. If you wait too long, it may be too late, and then you will have no way to recover compensation for your injuries. No matter how negligent the other party may be, you cannot recover compensation if you miss this crucial deadline.
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Do Not Try to Handle Your Case Alone
Self-representation leads you open to tactics the insurance company might pull to get you to admit fault or accept a low settlement. You might also misunderstand forms and legal doctrine.
Our team is familiar with the process of seeking slip and fall damages. We can guide you throughout your case. You might leave money on the table or risk your chance at compensation trying to go it alone.
Call in the Strong Arm of Loncar Lyon Jenkins
Knowing whether you have to file a lawsuit to get paid after a slip and fall accident is one of the many necessary pieces of information after an injury. The attorneys and staff of Loncar Lyon Jenkins have helped thousands of individuals and their families. We secure compensation after accidents, including slip and fall accidents.
If you or a loved one suffered injuries in a slip and fall accident, you might be eligible to collect compensation from the negligent parties who caused your fall. Contact us today at (877) 239-4878, and call in the Strong Arm to handle your case. Get a free case evaluation, and learn more about the legal services that we can offer you.