One of the most common injuries that people experience is slipping and falling. Sometimes this can occur in our own house, but other times it can occur on someone else’s property or in public. If you have been injured on another person’s property you may be entitled to financial compensation.
Common Injuries Caused by Slip and Fall Accidents
If you have ever fallen before you know how much it can hurt. The force of your whole body weight coming down on one area can be excruciatingly painful, and in some instances, it can cause death. Some of the most common injuries people experience when they slip and fall include:
- Broken bones
- Joint injuries (knee and/or wrist)
- Spinal cord injuries
- Soft-tissue injuries (torn ligaments, muscles, and tendons)
Damages from a Slip and Fall Injury
People who have experienced a slip and fall injury and have pursued legal action can possibly get back damages in the form of:
- Lost Wages-Any money they lost out on because they had to take time off of work due to their injury.
- Medical Expenses-Many times these slip and fall accidents result in expensive medical bills that the injured must pay.
- Pain and Suffering-It is possible to receive compensation for any emotional and physical trauma that may have occurred due to the slip and fall accident.
- Punitive Damages-This is when the property owner is forced to pay for their negligence and fix the problem.
- Wrongful Death-In some severe slip and fall cases, the injured may end up dying from their injuries. In these cases, the family members of the deceased are able to seek a wrongful death lawsuit.
What do you need to prove in a slip and fall accident?
Unfortunately, because slip and fall accidents are so common, there are a number of barriers you must cross in order to pursue a personal injury lawsuit. Firstly, you will need to prove that you were injured and that the property owner is responsible for your injury. The property owner is only considered liable for the injury if they knew about the hazard that caused you to fall and failed to act in a timely and appropriate manner. These cases require you to prove that you suffered from physical and financial problems due to the property owner’s negligence. In order to prove this, there are a few things you will need to provide.
You will need to provide:
- Proof of Injury: This includes documentation of the injury such as photographs, medical exams, patient charts, ER visit summaries, x-rays, and even MRIs. It is important to take pictures and video evidence of these injuries as soon as they are sustained.
- Witness Testimonies: If there were other people around you at the store at the time of your slip and fall accident you will need to get their information so they can make witness statements. This means that the witnesses will have to create a written report of what happened to you.
- Other documentation: This information can include more pictures of the place where you sustained the injury and proof that it is dangerous. Similarly, this should include proof that the property owner was notified of the dangerous conditions, and then consequently failed to remedy the situation.
Texas’ Modified Comparative Negligence
In the state of Texas, both parties can share the blame for the slip and fall incident. Prior to filing a slip and fall claim, the property owner will likely try to place the blame on you. Instances of modified comparative negligence:
- You are in an area you are not supposed to be in.
- Your fall was due to being distracted (such as texting and walking).
- Inappropriate footwear was used.
- There was signage that warned you of the hazardous condition.
- The hazardous conditions should have been obvious.
You can still file a lawsuit for the slip and fall injury as long as you are deemed less than 50% responsible for the accident. Similarly, the amount of compensation you receive from the settlement will be directly related to the percentage of fault you are found to be in. For example, if you were deemed 10% responsible for the accident and you suffered $10,000 worth of damage. The property owner would have to pay you 90% ($9000) of the total damages.
Statute of Limitations
In the state of Texas, the statute of limitations to pursue a personal injury lawsuit is 2 years after the incident. This means that from the date of the incident you have two years to file a lawsuit against the property owner or company.
Pursuing A Personal Injury Case
Pursuing a personal injury case in a slip and fall accident can be time-consuming and overwhelming. Not to mention, you are likely still recovering from your injuries. Don’t let the complicated legal system prevent you from getting what you are deserved. Call the Capetillo Law Firm, our attorney Adam Capetillo and his team of experienced personal injury lawyers will investigate the case by collecting evidence and questioning any eyewitnesses.
We offer a free initial consultation to determine the best course of legal action for your personal injury case. Call the Capetillo Law Firm at (346) 249-5544 or submit the easy to fill out the online form today!