Austin Slip and Fall Lawyer
If you were injured in a fall because of a dangerous condition on another person’s property, you might be able to seek damages for the damages you sustained. Even if the owner of the property was unaware of the hazard, you may still pursue compensation.
If you are unsure about whether another person is responsible for your injuries, our Austin slip, trip, and fall lawyers are here to help. Do not hesitate to consult with an experienced personal injury attorney to evaluate the potential for a civil claim.
Austin Attorneys Holding Property Owners Liable For Trip and Spill Incidents
What is Premises Liability?
When one enters a building, he or she has a reasonable expectation that it is safe. One may have entered a retail establishment to shop, a restaurant for the purpose of dining out, or a professional services building.
Property owners have a responsibility to maintain premises in a way that keeps them safe. This responsibility includes making sure that walkways are clear of tripping hazards, debris is quickly cleaned up, and dangerous areas are clearly marked as such.
Unfortunately, there are times when the owners or operators of such premises do not adequately care for the facility, and the result is a hazardous environment. When this obligation is breached and a fall is caused, the victim may suffer serious injuries such as head trauma, spinal damage, or even paralysis. It is important to seek immediate medical treatment after such an accident.
Property Owner Negligence
In Austin, property owners could be liable for injuries occurring on their property if:
- They caused the dangerous condition that led to the plaintiff’s injuries;
- They were aware of the dangerous condition and did not take steps to remove it; or
- They were not aware of the dangerous condition that caused the plaintiff’s injuries but should have been.
We could work to obtain evidence related to the accident, such as security footage, witness statements, etc, to prove that a defendant should have reasonably known about the hazardous condition on their property.
If settlement cannot be reached, and a lawsuit is filed, we will use the discovery process to gain information about the defendant’s property maintenance practices so that liability may be shown. Our experienced attorneys understand the necessary components of a successful slip, trip, and fall claim and could help you obtain compensation from liable parties.
Comparative Fault in Slip, Trip, and Fall Cases
Local courts adhere to a modified comparative fault rule when dealing with cases involving multiple parties sharing fault, such as trip and spill incidents. This legal framework includes the claimant in the assessment of responsibility.
Specifically, the rule stipulates that if a plaintiff is determined to be 51 percent or more responsible for their own injuries, the court is barred from awarding any damages for their claims. This means that, in such scenarios, the plaintiff would effectively bear the financial consequences of their actions and would receive no compensation for their injuries.
On the other hand, if the plaintiff is found to be less than 51 percent at fault, they may still recover damages, but those compensatory damages will be reduced in direct proportion to their assigned percentage of liability.
For instance, if the court finds that the plaintiff was 30 percent responsible for the incident, their total damages would be reduced by that same percentage, ensuring that the compensation reflects the degree of fault attributed to them. This rule aims to encourage personal responsibility while still allowing for recovery in cases where the plaintiff is not the majority contributor to their own harm.
A plaintiff may be found partially liable if they were not paying attention at the time of the slip and fall accident or suffered an injury in an area that is not open to the public. For example, a reasonable person would not ignore posted caution signs and continue walking into an identified hazard zone. One of our Austin lawyers could gather evidence to assert the defendant’s total liability and obtain maximum compensation.
Is There a Deadline for Filing a Claim?
In Texas, the statute of limitations for filing a personal injury claim, including slip and fall incidents, is generally two years from the date of the accident. This means that if you sustain injuries due to a fall on someone else's property, you have a two-year window to initiate legal proceedings against the responsible party. Failing to file your claim within this timeframe could result in losing your right to seek compensation, effectively barring you from recovering any damages for your injuries, medical expenses, or lost wages.
However, there are exceptions to this rule that could influence the deadline. For instance, if the injured party is a minor, the statute of limitations may be paused until they reach adulthood, allowing them to file a claim once they turn 18. Additionally, if the injury was not immediately apparent, the deadline may be extended, giving you time to seek medical treatment and understand the full extent of your injuries.
It is crucial to consult with an experienced personal injury attorney who can guide you through the complexities of your case and ensure that all necessary paperwork is filed on time. The sooner you seek legal advice, the better your chances of building a strong case and securing the compensation you deserve.
Can I Afford to Hire an Attorney?
At TeamJustice, we believe that everyone should have access to quality legal representation, regardless of their financial situation. That's why our Austin slip and fall attorneys work on a contingency fee basis, meaning that we only get paid if we successfully recover compensation for you.
This payment structure allows us to provide our clients with top-notch legal services without the added stress of upfront costs or hourly fees. It also aligns our interests with yours since our fee is based on a percentage of the total amount recovered, incentivizing us to fight aggressively for your rights and maximize your compensation.
Furthermore, during your initial consultation, we will review the details of your case and provide you with an estimate of the potential compensation you may be entitled to. This can help you make an informed decision about pursuing legal action and give you peace of mind knowing that our team is committed to securing a favorable outcome for you.
Mistakes to Avoid in Slip and Fall Cases
If you have been injured in a slip, trip, or fall accident, it is essential to be aware of potential mistakes that could harm your chances of recovering compensation. These may include:
- Not seeking medical attention: Even if your injuries seem minor at first, it is crucial to seek medical treatment immediately. Not only can this prevent further harm, but it also creates documentation of your injuries for your claim. Plus, some injuries may not be immediately apparent and could worsen over time if left untreated.
- Not documenting the incident: It is essential to gather evidence at the scene of the accident, such as taking photos, getting witness statements, and reporting the incident to the property owner or manager. This can help establish liability and strengthen your case.
- Giving a recorded statement without an attorney present: Insurance companies may try to get you to give a recorded statement shortly after your accident. It is best to consult with a personal injury attorney before doing so, as they can advise you on what information to disclose and protect your rights during this process.
- Not consulting with an attorney: Slip and fall cases can be complex, and insurance companies may try to offer a low settlement or deny your claim altogether. Consulting with an experienced personal injury lawyer can help ensure that your rights are protected and that you receive fair compensation for your injuries.
- Waiting too long to file a claim: As discussed, there is a limited time frame for filing a personal injury claim in Texas. Waiting too long could result in losing your right to seek compensation, so it is crucial to consult with an attorney and start the legal process as soon as possible after your accident.
By avoiding these common mistakes and seeking the guidance of an experienced personal injury attorney, you can increase your chances of obtaining the compensation you deserve for your slip and fall injuries.
Does Shared Fault Affect My Case?
In Texas, the legal concept of "comparative fault" applies to slip and fall cases where both the plaintiff and defendant share some responsibility for the accident. This means that even if you were partially at fault for your injuries, you may still be able to recover compensation from the other party.
However, your degree of fault can affect the amount of compensation you are entitled to receive. Under comparative fault laws, your total award will be reduced by your percentage of fault. For example, if a jury determines that you were 20% at fault for your slip and fall accident and awarded $100,000 in damages, you would only receive $80,000.
It is also important to note that Texas follows the "51% rule," meaning that if you are found to be 51% or more at fault for your injuries, you will not be able to recover any compensation from the other party.
Determining who is at fault in a slip and fall case can be complex and often involves gathering evidence, witness statements, and expert opinions. This is why it is crucial to have an experienced personal injury attorney on your side who can help build a strong case and fight for your rights.
How Much Compensation Can I Receive for My Slip and Fall Injuries?
The amount of compensation you may receive for your slip and fall injuries can vary greatly depending on the circumstances of your case. Factors that may affect the value of your claim include:
- Medical expenses: This includes all past, current, and future medical costs related to your slip and fall injuries, such as hospital bills, doctor's appointments, surgeries, prescription medication, physical therapy, and more.
- Lost wages: If your injuries have caused you to miss work or have prevented you from returning to work altogether, you may be entitled to compensation for lost income.
- Pain and suffering: Slip and fall accidents can result in physical and emotional pain and suffering, which can be difficult to quantify. An experienced personal injury attorney can help calculate an appropriate amount for this type of non-economic damage.
- Disability or disfigurement: If your injuries have resulted in a disability or permanent disfigurement, you may be entitled to additional compensation for the impact it has on your life.
- Punitive damages: In rare cases where the defendant's actions were particularly reckless or malicious, punitive damages may be awarded as a form of punishment.
Ultimately, the best way to determine how much compensation you may receive for your slip and fall injuries is by consulting with an experienced attorney who can review the details of your case and provide an estimate based on similar cases and their outcomes.
Let Our Austin Slip, Trip, and Fall Attorneys Help
Dealing with the injuries associated with slip or fall accident can be traumatic, costly, and time-consuming. Working with an Austin slip, trip, and fall lawyer could help you recover compensation for your injuries and losses. Our team of attorneys have experience litigating slip and fall cases and could help you understand the relevant laws.
If you or someone you know was injured on someone else’s property, consider seeking legal guidance and filing a lawsuit as soon as possible. We will be in regular contact with you throughout the process and will ensure that you know what to expect as the case moves forward. Call today for professional legal guidance.
DJC Law – North
1012 W Anderson Ln,
Austin, Texas 78757
Frequently Asked Questions
How can a slip and fall attorney help after a slip and fall incident in Austin?
A slip and fall attorney can help victims of a slip and fall incident by assessing the circumstances of the fall, gathering evidence, and advocating on their behalf in a personal injury claim to secure compensation for medical bills and other damages.
What should I do immediately following a slip and fall incident?
After a slip and fall incident, it's crucial to document the scene, report the incident to the property owner or manager, seek medical attention for any fall injury or severe injuries, and contact a slip and fall attorney to discuss your legal options.
What are common injuries from slip and fall incidents that might require a fall attorney?
Common injuries from slip and fall incidents include broken bones, traumatic brain injury, and other severe injuries that can lead to significant medical expenses and personal injury claims.
How is liability determined in a slip and fall lawsuit?
Liability in a slip and fall lawsuit is determined by proving that the property owner or manager was negligent in maintaining safe conditions. A fall injury lawyer will work to demonstrate this negligence through evidence and witness statements.
What compensation can I seek with the help of a slip and fall attorney in a personal injury claim?
With the help of a slip and fall attorney, you can seek compensation for medical bills, lost wages, pain and suffering, and other related costs resulting from a fall injury.
How long do I have to file a slip and fall lawsuit in Austin?
In Texas, you typically have two years from the date of the slip and fall incident to file a personal injury claim, but it's best to consult with a slip and fall attorney as soon as possible to ensure your claim is timely and effectively handled.
Can a fall injury lawyer help if I've suffered a traumatic brain injury from a slip and fall?
Yes, a fall injury lawyer can be especially crucial if you've suffered a traumatic brain injury from a slip and fall, as they can assist in securing the necessary compensation for long-term medical treatment and care.
What evidence is essential for a successful slip and fall lawsuit?
Essential evidence for a successful slip and fall lawsuit includes photos of the accident scene, witness statements, medical records documenting the fall injury, and any reports filed at the time of the incident. A slip and fall attorney can help gather and present this evidence effectively.