If you or someone you know has suffered from a slip-and-fall accident, you may need help to get compensation for extra medical expenses and/or loss of income. This type of accident is more common than you might know. It is also more costly than you would probably imagine. In any case, you may have found you or your loved one in a situation where you need legal advice regarding compensation for the results of your accident, especially if the accident was due to negligence on a property owner.
- More than one million people go to the emergency room each year for a slip and fall accident
- The average cost of a slip and fall is $30,000 to $40,000
- Approximately five percent of slip and falls involve broken bones
- Approximately one-third of adults over 65 fall each year
- But slip and falls are a leading cause of injury for all age groups
- Falls are the most common cause of brain injury
- Falls are the most common cause of hip fractures
- Medical bills for slip and fall injuries top $34 billion each year
- Slip and fall victims miss an average of 11 days of work
- Only two percent of cases go to a jury trial
In Texas, there is a statute of limitations on slip-and-fall injury claims (or personal injury cases) of two years, beginning with the actual date of the injury. The two years consist of the time limit in which you can have your case heard in the Texas civil court system. Therefore, you must bring into action any lawsuit against a party with whom you have a valid complaint within those two years, starting at the date of the injury claimed. Work on your case needs to start soon after the injury to allow time to work with a lawyer in order to prepare a winning lawsuit.
Perhaps during your slip-and-fall injury, personal property was damaged, destroyed, or lost, like a laptop computer or expensive jewelry. Your lawsuit should also cover those items being repaired or replaced.
If you procrastinate too long and the statute of limitations has ended, the property owner will more than likely ask the court system to drop the case and the dismissal is almost always granted.
If your slip-and-fall case goes to trial in Texas and the person you are suing declares you are partly to blame for the accident, the state’s “modified comparative negligence rule” will determine how much you can still receive from the property owner. If this argument is successful, you could see a significant loss of any court award (and a finding of a shared fault will also likely reduce or eliminate the value of your settlement).
For example, the property owner could argue that:
- You were on a part of the property where visitors aren’t usually allowed or aren’t usually expected to be.
- You weren’t paying attention to where you were walking (you were using your phone, for example).
- You were wearing footwear that was inappropriate or even unsafe for the situation.
- The dangerous condition was cordoned off by cones and signage (reasonable steps were taken to protect visitors, in other words).
- The dangerous condition should have been obvious to you.
Can a Personal Injury Attorney Help You?
Yes, an experienced, capable, premises liability lawyer can help you decide if your claim is valid and help you receive appropriate compensation. An attorney will help you build a case that shows the lack of responsibility of the defendant that contributed to your injury and financial burdens.
Although recovering from a slip-and-fall injury can be a difficult time in many ways, you don’t need to handle it all alone. Call Cesar Ornelas Law Firm today to set up a FREE CONSULTATION tollfree at 855-339-1166 or 210-405-6503. You will not pay Cesar’s firm if they do not win your case or get you a settlement. No not wait any longer. Time is slipping away on that statute of limitations. You can depend on Cesar to do everything in his power to get you what you need and deserve! He is available 24/7. Call now!