DALLAS SLIP AND FALL ATTORNEY
If you have fallen on another party’s property and suffered any type of injury, you may possess the grounds to obtain compensation in a premises liability claim. Property owners and their insurance companies are prepared to deny any kind of responsibility regarding these type of cases, which is why our Dallas premises liability lawyers are capable of fighting back.
Our Dallas slip and fall accident lawyers are here to help. Give us a call at (469) 689-0200 or contact us online to get started.
How Mathias Raphael Pllc Accident & Injury Lawyers Can Help With Your Slip & Fall Case
At MR.LAW Accident & Injury Attorneys, we understand the difficultly in proving negligence for slip and fall accidents. However, our legal team has the extensive knowledge and resources to provide effective legal assistance to our clients.
Schedule your complimentary case review with our Dallas slip and fall accident attorneys by calling (469) 689-0200 or contact us online today.
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Causes of Slip and Fall Accidents
A fall can happen anywhere, commonly occurring when something interrupts a person’s normal gait. Falls also happen from heights, such as ladders, balconies, and stairs. When a fall occurs due to a negligent property owner, Texas insurance law compels them to pay for damages. Some common causes of slip-and-fall or trip-and-fall accidents in Dallas liability claims include:
- Wet floors from spills, mopping, or leaks
- Loose carpeting
- Uneven or cracked outdoor ground surfaces
- Potholes
- Loose or hanging cords or wires
- Debris left on the floor or stairs
- Loose handrails or balcony rails
- Icy surfaces
- Slick surfaces around pools
- Uneven floors or unmarked level changes
- Slick floors due to incorrect cleaning product types
- Lack of slip-resistant surfaces
- Inadequate lighting
Whenever a fall occurs due to negligence on the part of a property owner or manager, the at-fault party’s liability insurance coverage must pay for damages. Most slip-and-fall accidents are covered by commercial or private property insurance. Only in cases where the injured party was trespassing or committing a crime on the property at the time of the injury does the liability rule not apply.
It’s important to note that the law doesn’t consider young children as trespassers. If a property owner has reason to understand that children may enter their property, they are responsible for damages should a child suffer a preventable injury due to a hazard on the property.
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Compensation for Dallas Slip and Fall Victims
A bad fall can cause multiple injuries. Head injuries, neck and back injuries, and fractures are common in slip-and-fall accidents. These injuries quickly become expensive, adding stress on top of physical pain. Medical bills may pile up at the same time you’re unable to return to work. A successful claim for slip-and-fall injuries can regain compensation for damages including:
- Medical expenses
- Future medical expenses
- Lost wages
- Pain and suffering
- Lowered earning ability if the fall caused temporary or permanent disability
- Other economic damages like diminished life quality or loss of pleasure in life
- Future lost wages if you have upcoming medical procedures related to the injury
While financial compensation can’t heal an injury, it can help relieve financial burdens so you can focus on your physical recovery.
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Understanding Slip and Fall Claims
When an individual slips on a wet surface or trips over debris on the premises of another party, it is considered a “slip and fall” injury. While it can be unclear who is responsible for the injuries you’ve sustained, there are factors that can determine if the negligent actions of the property owner were to blame.
In order to develop a strong case, our Dallas personal injury attorneys must prove the following:
- The condition of the property was dangerous
- The owner knew or should’ve known, about the property’s condition
- The owner had a reasonable amount of time to fix the issue of the property
Proving property-owner liability requires demonstrating the legal points of liability including:
- That they breached this duty of care by acting negligently
- That the negligent breach of duty directly caused your injury
- That you’ve suffered significant damages due to the injury
- That the at-fault party owed a duty of care to others lawfully on their property to take reasonable measures to prevent injuries
Once your Dallas slip-and-fall attorney investigates the circumstances of your injury and gathers evidence of liability, they’ll carefully calculate your damages, including an amount for pain and suffering, and send a demand package to the appropriate insurance company. In the vast majority of cases, the insurance company negotiates with your lawyer to find a mutually agreeable settlement amount to pay out on your damages. In the event the insurance company uses bad faith tactics to undervalue or deny the claim, the case could proceed to a lawsuit in court as long as it’s filed before the state’s statute of limitations runs out.
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How Long Do You Have to File a Slip and Fall Lawsuit in Texas?
Like all states, Texas places a statute of limitations on filing personal injury claims, including slip-and-fall cases. Dallas slip-and-fall injury victims have two years from the date of their fall to file a personal injury lawsuit. If the fall occurs to a minor, they have until two years after their 18th birthday to file a claim. If there is a delay in your symptoms—for instance, you don’t realize until some time later that your back pain is caused by a shattered disc from your fall—the statute of limitations begins on the date that you discover the injury.
If the claim isn’t settled out of court with an ample settlement, you and your Dallas personal injury attorney can file a lawsuit and argue the case in court. Though court cases take longer to resolve, often they result in a larger compensation amount.
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What Are Common Injuries Caused by Slip & Fall Accidents?
Experiencing a slip and fall injury can lead to serious and potentially long-term injuries. The physical consequences that arise from these accidents can cause lifelong suffering.
There are several injuries one may sustain from a slip & fall accident, including:
- Bruising and scratches
- Broken bones
- Fractured bones
- Spinal cord injuries
- Neck injuries
- Injured knees and/or ankles
- Dislocated shoulders
- Damages to their joints
- Traumatic brain injuries
- Memory loss
- Wrongful death
Comparative Negligence in Texas Slip & Fall Lawsuit
Under Texas Civil Practice and Remedies Code § 33.001, victims in slip and fall accidents can only pursue damages if they are less than 50% at fault for the accident. If you file a claim and are found to be partially at fault, your damages will also be reduced by your percentage of fault. Working with an experienced attorney, you can gather evidence and develop a case strategy that mitigates your liability.
For example, you may be assigned 25% of the fault, because you weren’t paying attention while walking. If your damages totaled $150,000, then you would only be awarded $112,500 if your claim is successful. The other party may try to argue that you are partially at fault if you:
- Were wearing inappropriate or unsafe footwear for the occasion
- Went onto a roped or cordoned off area
- Were on part of the property that isn’t open to visitors or that visitors aren’t allowed
- Should have noticed the dangerous conditions (because they are obvious/very apparent)
- Failed to pay attention while walking (i.e. texting and walking)
Steps to Take After Your Slip and Fall
Here we’ll break down the steps you should take after your injury and try to include any details or extra information you may need to make things go smoothly.
- Report the Accident to the Proper Parties : The first thing to do is always report the accident to whoever is in charge. This will differ based on where the accident happened. For instance, if you were out shopping at the grocery store, you would report the accident to the store manager or whoever is in charge at the time of the accident. However, if the accident happens while you are at work, then you would report it directly to your employer or direct superior. This also changes the process you would go through for compensation. If you are injured on the job, you are required to file a worker’s compensation claim unless the injury was caused by a third party that was present at your workplace. In those cases, you may be able to seek personal injury damages from that third party.
- Seek Medical Attention: After you’ve reported the accident, the next thing to immediately do is make sure you get to a doctor and get your injuries checked out. Even if you don’t think you are hurt badly, you could have unseen injuries that only a doctor will be able to detect. Not all injuries will appear right away either, so it’s important to open a dialogue with your doctor about your slip and fall and what you may expect in the future. You’ll also want to seek medical attention so that any and all injuries and interactions with the doctor are documented. This will help your case later on. Be sure to always follow your doctor’s advice to prevent your injuries from getting worse and from potentially damaging your case.
- Contact a Personal Injury Attorney: There are several steps to build a case for compensation after your accident, but rather than start with those, we suggest contacting and retaining a Dallas personal injury attorney right away. They will have the knowledge and experience you need to make your case go smoothly and will be able to help you with the filing process so that you don’t miss any deadlines. Gathering evidence can also be a chore so your personal injury attorney will be there to help with that as well.
- File Your Case and Gather Evidence: Once you’ve reported the accident, had your injuries tended to, and contacted a lawyer, now it’s time to start working towards building your case for compensation. This includes gathering evidence and filing all the necessary paperwork. You may not realize it, but the time limit to file your case starts the moment your accident happens. This means you need to begin the process immediately to avoid missing important deadlines. As far as evidence, taking pictures of the scene, talking to witnesses, acquiring security footage, and getting medical records are all excellent things to do to build your case. Your lawyer may also be able to help you see if there is a history of complaints against the place where you were injured, which can help show a pattern of negligence.
- Keep Quiet About Your Case: The last thing to do, or not do, in this case, is to make sure you don’t talk, tweet, or post about your case in any way while it is still ongoing. The insurance company and its investigators will be actively working to deny your claim. They may also try to settle with you for an amount that is much lower than what your case is worth. Let your attorney handle them while you focus on your recovery.
Let MR.LAW Accident & Injury Attorneys Help Build Your Case
After your accident, you shouldn’t have to worry about building a case on your own. MR.LAW Accident & Injury Attorneys are here to help with your case and give you the direction and insight you need to make sure your case gets maximum results.
If you or a loved one have been injured after a slip and fall due to negligent conditions, contact the Dallas personal injury lawyers at MR.LAW Accident & Injury Attorneys today. We can advise you of your legal options and help you prepare a claim. To schedule your free consultation, call (469) 689-0200 or complete this online form.
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"Attorney Raphael & Attorney Mathias are both very forthcoming & handle each case with care!"I have worked with this office on many different life care plans for personal injury cases and each time it’s been wonderful. Attorney Raphael and Attorney Mathias are both very forthcoming and handle each case with care. I would definitely recommend them!- Brandy C.
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"Damon took my case when others would not consider it."
Damon is the one attorney who took my case when others would not consider it. He is good at explaining the next steps and possible outcomes. Professionalism shows through in all he does. I recommend him for your legal matter.
- Carolyn -
"Mr. Mathias went above and beyond for me!"
Mr. Mathias went above and beyond when I got in an automobile accident making the situation stress free. He allowed me to concentrate on getting a new vehicle and getting the appropriate treatment instead of worrying about medical bills and settlements.
- James -
"Truly amazing attorney!"
Truly amazing Attorney! This guy went above and beyond my expectations, from a broken wired up jaw. To a well deserved settlement. Thanks again!
- S. Plowden -
"Better outcome than imagined."
MR.LAW Accident & Injury Attorneys handled our case well and gave us a better outcome than we could have ever imagined. Thanks to Damon, Ori and their entire team!
- Eric B. -
"Attorney Ori Raphael fights for you!"Ori gives it his all to fight for you!- Amir A
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"Hire these guys!"These guys are great! Ori really went above and beyond and every time I needed good advice or help, he was there for me.- R.J.
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"Mr. Raphael was very helpful and responsive to our needs!"Mr. Raphael was very helpful and responsive to our needs. He provided excellent service with polite,gentle and sensitive care,from the time he greeted us all through the process. I felt very confident trusting him with our case and he came through for us and got us more than we imagined.- Avi P.