You slipped and fell on someone else’s property. The fall wasn't your fault, but if you fail to take action, you will be the one paying the bills.
The Property Owner May Be Legally Responsible for Paying Your Damages
In Texas, owners must make a reasonable effort to keep their property safe for visitors. They may be held liable if they knew or should have known about a dangerous condition and you were hurt because they failed to make proper repairs.
The property owner may try to argue that your own negligence was the primary cause of your injury. For example, the property owner may argue that you should have seen the broken stair or torn carpet and avoided the danger. Because accident responsibility and damages are assessed based on the comparative negligence of each party involved in the accident, this argument can directly impact your financial compensation. It's important to anticipate this likely defense and take action to prove liability for the accident.
5 Steps You Can Take to Protect Your Slip and Fall Recovery
There are specific things you can do to make a fair recovery after a slip and fall injury.
- Get prompt medical care. This will allow a doctor to diagnose your injuries so a treatment plan can be developed to address your pain and medical needs. When you pursue a legal recovery, the medical records from your first medical appointment may also serve as important evidence in proving your injuries were caused by the slip and fall.
- Report the accident to the property owner or manager. At a private residence, this would be the homeowner. At a commercial property, this might be the on-site manager. Some businesses may have a special accident form for you to complete. It is important to document the date, time, and location of your fall. However, you should not discuss potential fault or reasons for your fall.
- Gather evidence about your fall. This evidence could include pictures, video footage, witness contact information, and medical records.
- Do not talk to the insurance company before talking to a trial lawyer. The insurance company’s goal is to give you as little as possible for your injury claim. Anything you say to the insurance company may be misconstrued and used against you. Instead of taking this risk, tell the insurance adjuster you are represented by a trial lawyer and to contact them for more information.
- Hire a trial lawyer. A slip and fall trial lawyer can advise you of your rights, make sure all applicable deadlines are met, conduct a comprehensive investigation, and handle all of the necessary paperwork to make sure your recovery is protected.
While the above actions are recommended, you should still talk to a trial lawyer even if you did not or could not take all of these steps after your slip and fall accident.
You Have a Limited Amount of Time to File a Slip and Fall Case
Texas, like other states, limits the amount of time that you have to pursue a slip and fall injury case. If you’ve been hurt on someone else’s property, in most cases, you have two years from the time of your accident to file a lawsuit.
However, it is important not to wait this long to talk to a slip and fall trial lawyer. The sooner you obtain a trial lawyer, the sooner they can start gathering evidence and pursuing your recovery for things such as past and future medical bills, lost income, out of pocket costs, physical pain and emotional suffering.
To learn more about how to get the fair recovery you deserve, please contact the Larrick Law Firm PC today for a free, no-obligation consultation.