Property owners in San Marcos have a duty to keep their premises in a reasonably safe condition for the benefit of property visitors. When they fail to correct hazards and defects on their properties promptly, and a slip and fall accident occurs, serious injuries may result.
Unlike vehicle occupants, walkers do not have an outer shell or covering that surrounds them if they fall on the ground. Consequently, they suffer severe injuries.
You have legal options if you recently sustained injuries in a San Marcos slip and fall accident on someone else's property. The skilled team of attorneys at DJC Law can review all of your legal options with you, file a claim with the property owner's insurance company, or litigate your case to an efficient resolution in the court system. We can answer all your questions along the way and aggressively fight for your legal rights and interests.
For a free case evaluation and legal consultation with a San Marcos slip and fall accident attorney, please contact our office to set up a free case evaluation immediately.
Why Choose Us for Your Legal Needs?
Slip and fall claims are often more challenging than you might ever imagine. If you recently sustained injuries in a slip and fall accident, you want the best possible team of attorneys fighting for your rights and interests.
The experienced San Marcos slip and fall lawyers at DJC Law understand the frustration, inconvenience, pain, and suffering often accompanying slip and fall accidents and the resulting injuries.
Our legal team has a strong track record of success in favorably settling and litigating premises accident cases in the court system. In addition to aggressively fighting for your rights during settlement negotiations, we can also litigate your case in the court system for a prompt, efficient, and successful resolution.
Our legal team has recovered millions of dollars for our clients through insurance settlements and courtroom verdicts. We handle cases involving complex circumstances and severe injuries. Let us recover the monetary damages you deserve for your slip and fall accident losses. Get started by reaching out for more information today.
How Much Is My San Marcos Slip and Fall Case Worth?
The total monetary value of a San Marcos slip and fall claim or lawsuit depends on a variety of factors, including the nature and extent of the accident victim's injuries, the medical treatment that they underwent, whether the accident victim suffered a permanent injury in their accident, and the total cost of their economic and non-economic losses.
In general, slip and fall accident victims who suffer permanent injuries will recover more monetary damages than accident victims who suffered less severe injuries.
First, a slip and fall accident victim can recover monetary compensation for their related medical bills and expenses. If they suffered a permanent injury and may need medical treatment in the future, the accident victim can recover those anticipated medical costs as part of their personal injury claim or lawsuit.
In addition, if the accident victim had to miss time from work due to their injuries, they can bring a successful claim for lost income or loss of earning capacity if they had to accept a lower-paying job after their accident.
In addition, slip and fall accident victims in San Marcos can recover monetary compensation for various intangible losses, including mental distress, inconvenience, pain and suffering, loss of spousal consortium, loss of enjoyment of life, loss of the ability to use one or more body parts (for example, full or partial paralysis injuries), permanent disfigurement or disability, and lifetime care costs.
Our legal team can evaluate your claim or lawsuit based on the injuries you suffered, the medical treatment that you underwent, and other accident-specific circumstances. We can then negotiate a fair settlement offer or obtain a favorable litigation result in your case.
Where Do Slip and Fall Accidents Frequently Occur in San Marcos?
Slip and fall accidents can occur in various locations near San Marcos. These accidents may also happen both indoors and outdoors. Indoor slip and fall accidents are common at bars and restaurants in the Downtown San Marcos area. They may also occur in private residences, especially in kitchens and bathrooms, where liquid tends to spill on the floor.
Outdoor slip and fall accidents may happen on driveways, sidewalks, or in parking lots and garages. Outdoor slip and fall accidents are common when property owners fail to properly fix cracks, spalling, and other defects on macadam and concrete.
If you sustained injuries in a slip and fall accident in one of these locations, talk with an attorney as quickly as possible about your legal options. The skilled San
Marcos slip and fall accident attorneys at DJC Law can go over your legal options with you and select the best course of action for your personal injury case. We can handle all communications with insurance company adjusters on your behalf and, if necessary, pursue litigation in the court system for you.
Causes of San Marcos Slip and Fall Accidents
Slip and fall accidents typically occur when property owners and managers fail to maintain their premises in a safe and reasonable manner for the benefit of property visitors. However, to recover monetary damages from a property owner's insurance company in a slip and fall scenario, the injured accident victim has the legal burden of proof.
First, the injured accident victim must establish that the property owner owed them a legal duty of care. If the slip and fall accident occurred on business premises, the property owner likely had a duty to warn about or correct known dangerous hazards on their premises.
Those defects may include spills on the floor, outdoor potholes or cracks, and other imperfections that may present a fall hazard. In addition, a business owner likely has a duty to inspect their premises regularly for unknown dangers. If they come across something, they are responsible for adequately warning about or fixing the hazard within a reasonable time.
In addition to establishing that the property owner owed them a legal duty of care, an injured property visitor must typically show that the property owner violated their duty of care by failing to clean up a spill or correct another defect within a reasonable amount of time.
Finally, the property visitor must demonstrate that because of the property owner's negligence, their slip and fall accident occurred, and they suffered one or more physical injuries.
Sometimes, satisfying this legal burden of proof can be difficult; however, our legal team can retain one or more experts who can testify in your case.
For example, we can obtain an accident reconstructionist if the insurance company is disputing fault or liability for your accident. An accident reconstructionist can visit the scene of your slip and fall accident, speak to witnesses, review incident reports, and reach a conclusion about how the accident happened and who was at fault.
Similarly, we can retain a medical expert to testify in your case. A medical provider can state in a medical report or testify at a deposition or jury trial that your injury or injuries directly resulted from your slip and fall accident. A medical provider can also establish, to a reasonable degree of medical certainty, that you sustained one or more permanent injuries in your slip and fall accident.
Common Injuries in a Slip and Fall
Victims of slip and fall accidents in San Marcos often stand to suffer severe injuries. This is especially true if they hit the ground with much force. How they land on the ground may also affect the size and scope of their slip and fall injuries.
Some of the most common injuries that individuals suffer in slip and fall accidents include:
- Bone fractures
- Rib fractures
- Soft tissue neck and back injuries
- Open lacerations and road rash
- Spinal cord injuries
- Traumatic head and brain injuries
- Internal bleeding
- Internal organ damage
Fighting the Insurance Company After a Slip and Fall Accident
After suffering injuries in a slip and fall accident, we can handle all settlement negotiations with insurance company representatives. In any situation, our legal team will deal with the insurance company for the negligent property owner.
Insurance company settlement negotiations are often an uphill battle for the injured accident victim. Insurance companies do not have an incentive to resolve a claim or lawsuit in the accident victim's favor. Instead, the insurance company will do everything possible to undermine the accident victim’s claim.
In a slip and fall accident scenario, the insurance company adjuster might allege:
- The accident victim fell because they were not watching where they were going.
- The accident victim was wearing improper footwear.
- The accident victim's claimed injury or injuries are pre-existing or unrelated to the slip and fall accident.
Our legal team can face the insurance company head-on and aggressively fight for your legal interests. We can point to various evidence in your case, such as a favorable report from an accident reconstructionist or a favorable medical record.
We can also call on an expert to testify at a discovery deposition or a litigation proceeding, including your civil jury trial. Our team will do everything possible to maximize your damages via a favorable settlement offer. We are also not afraid to litigate your case in the court system and take your case to trial if that step becomes necessary.
Essential Steps to Take after a Slip and Fall
Following a slip and fall accident in San Marcos, there are specific steps that you can take to increase your chances of obtaining a favorable result.
First, you must undergo all the medical treatment your provider recommends so you can recover fully from your injuries.
For example, you may need to consult with a medical specialist, undergo a procedure, or attend physical therapy. By completing all your medical treatment, you show that your injuries are severe and that you made your medical treatment a top priority. As a result, the insurance company might be more willing to offer you favorable compensation to resolve your case.
In addition, you should gather critical medical records, treatment bills, lost income documentation, police reports, camera footage, and other accident-related documents and forward them to us.
After your medical treatment concludes or you know what future treatment you need, we can assemble these documents into a complete settlement demand package for the insurance company to review.
Speak with a Slip and Fall Accident Lawyer in San Marcos Right Away About Your Legal Matter
If you sustained injuries in a San Marcos slip and fall accident, you must take action as quickly as possible. Under the statute of limitations, accident victims have only a short window to file a personal injury lawsuit seeking monetary damages.
If the accident victim files their lawsuit after the deadline expires, absent some exceptional circumstance (which rarely applies in a slip and fall accident case), they can no longer collect monetary compensation for their accident-related injuries and damages.
Accident victims should never negotiate with insurance companies on their own. As we've previously discussed, insurance companies are for-profit organizations. They often have large teams of lawyers and adjusters who are not there to be your friend. They are there to represent the interests of the company, and if they can find a reason not to give you the compensation you deserve, they will exploit it.
At DJC Law, our experienced team of attorneys can represent you right away in your case. We can gather the necessary documents, negotiate a favorable settlement offer with insurance company adjusters, or litigate your case to a fair resolution in the court system. We can also address all your legal questions and guide you to make informed and intelligent decisions throughout your case.
For a free case evaluation and legal consultation with a personal injury lawyer in San Marcos, please call us at (210) 220-2222 or contact us online for more information.