If a slip and fall accident left you or a loved one injured, you may be able to file a claim or lawsuit to pursue compensation for your losses. A lawyer from our firm will have to prove that a property owner’s negligence led to your accident.
Filing a Slip and Fall Claim for Yourself
In order to successfully recover compensation after your slip and fall accident, you must prove the property owner’s liability and demonstrate your losses.
Proving Your Case
To prove your case, your lawyer will investigate the accident to find evidence of negligence. Evidence can include things like medical records, medical bills, testimony from your doctor or another expert witness, videos, pictures, witness statements, and incident reports. Your lawyer will assemble this evidence to make your case.
Your claim will need to show that the following circumstances apply to your slip and fall accident:
- Duty of care: Property owners owe their guests, invitees, and patrons a duty of care to keep them reasonably safe. According to Texas Civil Practice and Remedies Code § 75.002, you must prove that you were not trespassing at the time of your accident.
- Breach of duty of care: A property owner is negligent if they allow a dangerous condition to persist on their property without addressing it. This includes things like spills, slick surfaces, ice and snow, uneven surfaces, cracked sidewalks, and obstructed walkways.
- Causation: You will need to prove that this negligence is what caused your accident. Even if you were partially responsible for the accident or there were other contributing factors, you can still recover damages as long as you can prove that the property owner’s negligence was the primary cause.
- Damages: You will then need to prove that this accident caused injuries and losses.
Damages in Slip and Fall Cases
There are two main types of damages you can recover through a slip and fall claim or lawsuit: economic damages and non-economic damages.
Economic damages are for your past and future financial losses due to your accident and injuries. This includes things like the following:
- Doctor’s bills
- Hospital stays
- Physical therapy
- Medication costs
- Out-of-pocket medical expenses
- Lost wages
- Lost earning potential
Non-economic damages are for your intangible losses, such as pain and suffering. A slip and fall accident can leave you with severe, even permanent injuries. The strain this takes on your health and happiness should be compensated.
For a free legal consultation, call 877-239-4878
Filing a Slip and Fall Claim for Your Loved One
If you lost a loved one due to a slip and fall accident, the representative of the deceased can file a wrongful death claim or lawsuit. Usually, a will names a representative, but if not, the court can appoint one.
The immediate family of the injured person, such as a spouse, child, or parent, can typically file a claim or lawsuit on their behalf. To learn if you are eligible to file a claim after your loved one has a slip and fall accident, we can review your case. During your initial consultation, we can give you a better idea of your options going forward.
Damages in Wrongful Death Cases
If you lost a loved one in a slip and fall accident, you can file a wrongful death claim or lawsuit.
You can still recover economic and non-economic damages for your loved one’s medical bills, lost wages, and pain and suffering between the time of the accident and their passing; however, you can also seek damages for the following losses:
- Loss of inheritance if your loved one was a breadwinner for your family, you can seek compensation for the money they would have earned if not for the accident
- Burial and funeral expenses
- The pain and suffering you experienced due to your loved one’s accident and passing
How Our Slip and Fall Accident Lawyers Can Handle Your Case
You have the right to hire legal representation when pursuing compensation for a slip and fall injury. An attorney with our firm can:
- Investigate your case
- Gather evidence of liability and losses
- Negotiate a settlement with insurers
- File a lawsuit on your behalf
- Represent you in a trial, if needed
We can handle the entire legal process while you rest and recuperate.
Contact our personal injury lawyers today
Call in the Strong Arm Today
After a slip and fall accident, you can lean on the Strong Arm of Loncar Lyon Jenkins. With offices throughout Texas and decades of experience, we can handle your case. Let us fight for you.
Texas Civil Practice and Remedies Code § 16.003 generally allows only two years from the time of your accident to file a lawsuit, so your time to act is limited.
Contact Loncar Lyon Jenkins today at (877) 239-4878 for your free consultation. We are ready to get started fighting for your rights. The sooner you call, the sooner we can begin.