Accidents happen, but what if your accident was caused because of someone else’s negligence? Slip-and-fall accidents can send you to the hospital and leave you on the hook for costly medical bills. If you or a loved one has experienced a slip-and-fall accident because of another’s failure to act, you may be entitled to compensation under Texas law.
The expert slip and fall accident attorneys at Patino Law Firm are here to help you build a case. Dr. Louis Patino, our founder, and principal lawyer has years of experience in the medical field and works with McAllen, TX, residents to file their personal injury claims.
A slip-and-fall accident can occur for a variety of reasons. Unfortunately, many are preventable if the property owner had taken a little extra care. It’s important to be aware of the most common causes of these accidents so you can avoid them or know when your accident may qualify for compensation. Here’s an overview of the most commonplace types of slip-and-fall accidents:
While tripping over a loose floorboard and regaining your balance isn’t cause for concern, a fall can have numerous adverse effects on the victim’s health and financial wellbeing. A slip-and-fall victim might find themselves in the hospital for weeks, with a lengthy recovery period ahead of them. And those who suffer an accident often miss work and lose wages. Not only do they incur expensive medical bills, but they may lose the income necessary to pay them in full. In a worst-case scenario, slip-and-fall accidents may even result in wrongful death.
Proving liability is a significant part of building your personal injury case. In the state of Texas, personal injury suits are guided by the shared fault rule. Under this rule, the negligent party can be held partially responsible for their part in your injury. For example, if multiple parties were responsible for your slip and fall, the court will assign each party a percentage of the fault. Each at-fault party will be subject to paying their shares of damages. Our experienced McAllen slip-and-fall attorneys can further explain proving premises liability when you meet with them in person.
In addition to a shared fault rule, Texas also has a statute of limitations on personal injury claims. Your time limit will vary according to the circumstances of the accident and your injury. In general, you can expect a time limit of two years for filing your personal injury claim. This statute of limitations is why contacting a personal injury or accident lawyer right away is so crucial.
If you’ve recently suffered a slip-and-fall accident, your best course of action is to get in touch with a trustworthy McAllen slip and fall accident attorney. These professionals are trained to help you build an airtight case that may result in compensation. Slip-and-fall accidents can mean mounting medical bills and loss of income while you recover, not to mention the psychological impact of dealing with trauma. Contacting a slip and fall accident lawyer is the best way to ensure you’re treated fairly during the legal process and receive the help you need.
As a retail hub for both South Texas and Northern Mexico, McAllen has a thriving retail industry that makes up a large chunk of the city’s economy. Shopping brings joy to many people, particularly if they’re out enjoying time together with their families. But shopping may also lead to accidents and injuries. Unfortunately, slip and fall accidents are common in shops throughout McAllen and the rest of the Rio Grande Valley, and they can cause serious injuries.
For example, someone may experience a slip and fall accident while dining at their favorite McAllen restaurant, going to the movie theater, visiting a friend, or stocking up on supplies at the local grocery store. McAllen property and business owners have a legal obligation to maintain safe premises for visitors, clients, and customers, including warning them about known hazards. Owners who fail to uphold their duty to keep the premises reasonably safe increase the risk of slip and fall accidents on their property.
After suffering injuries in a slip and fall accident caused by a property owner’s negligence in McAllen or the larger Rio Grande Valley area, Texas law permits injured victims to seek compensation. Injured victims may be entitled to compensation for any accident-related injuries and losses. Contact Patino Law Firm today for a free consultation and case evaluation to discuss the details of your slip and fall accident. Our dedicated team of slip and fall attorneys regularly fights for the rights of injured victims to seek the compensation they deserve.
The Centers for Disease Control and Prevention (CDC) reports that unintentional falls are the top cause of emergency room visits across the nation. Each year, almost nine million people visit an emergency room seeking treatment for an injury caused by a slip and fall accident. More than 1.2 million people are hospitalized annually as a result of fall injuries. Adults over the age of 65 are especially vulnerable to injuries from slip and fall accidents. Oftentimes, the injuries are severe, including traumatic brain injuries and hip fractures. Slip and fall injuries can occur at any time and location as people go about their day-to-day lives.
A wide range of hazardous situations can lead to these dangerous slip and fall accidents, including:
Determining liability in a slip and fall accident requires injured parties to prove that the business or property owner negligently maintained the premises. The fact that a visitor becomes injured after slipping and falling does not necessarily mean the property owner was negligent. Slip and fall attorneys, insurance companies, and investigators are knowledgeable and skilled at identifying potentially liable parties and demonstrating the elements of negligence.
To prevail with a slip and fall injury claim, injured parties must show the property owner was negligent by proving that:
In determining whether a property owner is liable for the damages resulting from a slip and fall accident, injured parties must show the property owner acted negligently. All Texas landowners have a legal obligation to maintain a safe environment for visitors. Property owners who are negligent and fail to uphold their duty put visitors at risk of suffering injuries from a slip and fall accident.
In considering whether the breach of a landowner’s duty contributed to a slip and fall accident, lawyers, insurance adjusters, and courts may ask:
We’ve mentioned that Texas law requires landowners to keep their property reasonably safe for visitors, including removing or fixing hazards that lead to slip and fall accidents. The specific obligations a property owner owes to visitors on their land depends on the visitor’s status, which may also impact a property owner’s financial liability for damages related to slip and fall accident injuries. Texas classifies visitors in three categories: invitees, licensees, and trespassers.
An invitee is someone who was explicitly invited onto a property for business or public use. Invitees, commonly business clients or consumers, are typically present on the premises to benefit the property owner. Individuals using public spaces, such as beaches, playgrounds, and parks, are also classified as invitees.
Of all visitors, Texas property owners owe the highest duty of care to invitees. Landowners’ legal obligations to invitees include removing all hazards on the property or warning invitees of known dangerous conditions that could lead to a slip and fall accident. Patrons of restaurants, bars, or nightclubs, shoppers at the mall, and clients of banks, accountants, dentists, and other professional businesses are all considered invitees.
Licensees are an intermediate category of visitors who may or may not have explicit or implicit permission to visit another’s property. Invited licensees are primarily family members and other social guests. Licensees have many of the same rights as invitees under Texas law. Other invitees who have implied consent to visit the property include salespeople, postal workers, off-duty employees, and delivery persons.
The level of care owed to a licensee depends on their specific purpose for entering the premises and whether they were explicitly invited. Each situation is different, but uninvited licensees generally do not have the same rights under Texas law and those who have been invited. Landowners, however, must refrain from intentionally harming uninvited licensees.
Trespassers enter another’s property without explicit or implicit permission from the landowner. Under Texas law, property owners only owe a duty to child trespassers — to protect them from injury. Property owners are not liable for slip and fall accidents suffered by adult trespassers. But landowners must not intentionally cause injury to adult trespassers.
A young child’s visitor status does not necessarily determine whether the landowner is liable for the child’s injuries. Property owners are financially responsible for child trespassers if the dangerous condition on the property that caused their injuries can be classified as an attractive nuisance. Private residences and businesses alike may have features on their property that attract children, encouraging them to trespass onto the property. Texas landowners have an obligation to protect child trespassers by eliminating potential “attractive” dangers that can lead to severe injuries or death.
Attractive nuisances that could lead to a child trespassing and experiencing a dangerous slip and fall accident include:
In the aftermath of an accident, injured victims must endure the physical and emotional costs of slip and fall accident injuries. They should not be responsible for the financial costs of an injury caused by a property owner’s negligence. Texas law permits injured parties to recover damages related to a slip and fall accident. Parties must file a claim within two years of the date of the injury, as provided by the statute of limitations.
Injured victims may receive compensation after executing a settlement agreement with the property owner’s insurance provider. If settlement negotiations prove unsuccessful, injured parties may proceed to trial, and if a judge or jury rules in their favor, they may collect the court-ordered compensation.
Some commonly recovered damages in slip and fall accident injury claims include:
When a slip and fall accident results in a victim’s death, certain family members may be entitled to seek damages through a wrongful death claim. Eligible family members may recover medical treatment costs up to the date of death, funeral costs, and burial expenses. In addition, eligible surviving family members may be entitled to damages for losses related to their relationship with the decedent.
Examples of non-economic damages include loss of support, loss of inheritance, and loss of parental guidance for minor children, as well as loss of companionship for surviving spouses.
Consult our McAllen slip and fall lawyers to learn the best course of action for your family after losing a loved one in a slip and fall accident.
One of the biggest advantages of hiring a McAllen slip and fall accident lawyer after suffering injuries is their skill and experience in dealing with insurance companies and legal defense teams. Insurance companies are businesses that aim to make a profit, and they will use a host of tactics to deny or discredit claims against their insured. It’s common for defense attorneys to shift blame to the victim to avoid financial liability for slip and fall accident injuries.
Insurance companies and their legal teams typically use the following tactics:
A skilled and experienced slip and fall accident attorney knows these strategies and can anticipate the defense strategy. With thorough case preparation, attorneys advocate and fight for their clients to give them the best chance of a positive outcome for their claim.
If appropriate, case preparation may include investigating the slip and fall accident, obtaining eyewitness statements, and gathering medical records and other documents. When your slip and fall attorneys have gathered enough evidence to build a strong case against the negligent landowner, they can enter into settlement negotiations with their insurance provider.
Whether you’ve had an accident or your loved one has been the victim of nursing home negligence, don’t hesitate to get in touch with Patino Law Firm. Dr. Patino is highly trained in both Texas law and medical concerns. He understands you want life to go back to normal as soon as possible, but you need adequate compensation to do so.
While we cannot guarantee a payout from the negligent party, we can promise to do everything in our power to help you get the funding you need. No matter your circumstances, feel free to contact our office to set up a free consultation. We’ll help you navigate this challenging process because we’re glad to serve the communities of McAllen.
You can reach us 24/7.
Some legal experts put the average slip and fall settlement in Texas at somewhere between $30,000 and $50,000. The exact amount will depend on several factors, including future and current lost wages, pain and suffering, medical bills, and any future medical costs. There’s an upper limit of $250,000 that you can claim for non-economic damages (e.g., pain and suffering, emotional pain, loss of companionship, and loss of consortium).
The first thing you should do, assuming your urgent medical needs are met, is start to gather evidence. It’s important to write down an accurate description of everything so you don’t forget any crucial details. You should use your phone to take pictures of anything that could be used as evidence, such as wet floors, cracks or uneven surfaces, inadequate lighting, and/or inadequate handrails.
Also, get the name and contact information of any witnesses. Better still, ask them for testimony and record it on your phone (you can use your phone’s video function to do this).
Before you leave, take a photo of yourself, including your injuries. Also, take a photo of the shoes and clothes that you were wearing and put these items aside once you are home. This is to avoid the claim that you were wearing something inappropriate that contributed to the fall.
Next, talk to the property owner and report the incident. Ask them to make a record of the report and try to take a photo of the report if possible. This establishes a legal record of the event. Try to say as little as possible and don’t add details that might put you at fault, such as “it’s possible that I wasn’t looking where I was going.” Going forward, don’t discuss the details with anyone except your doctor and your attorney.
Once you’ve made your report, get your injuries looked at by a medical professional, even if you feel okay. Sometimes injuries can turn out worse than they feel at the time of impact, so it’s better to be safe than sorry. A doctor can assess the extent of your injuries, provide necessary treatment and document your injuries.
Make sure you speak to an experienced slip and fall attorney, such as Dr. Louis Patino, as soon as possible after the event. For a slip and fall injury in McAllen, call 956-631-3535. For a slip and fall injury in San Antonio, call 210-646-9100.
As we’ve already said, it’s best to see a doctor as soon as possible after a slip and fall injury. It’s best to have a medical professional assess your injury to see if any immediate treatment is needed. It’s also good to have a doctor document the injury.
In Texas, the statute of limitations for personal injuries, including slips and falls, is two years from the time of the accident (Tex. Civ. Prac. & Rem. Code § 16.003). If you don’t file a suit within two years, the case becomes time-barred, and you will be unable to do so.
A slip and fall settlement can take weeks, months, or years to resolve, depending on the case’s complexity. It’s typically going to be months or over a year. The case can be settled in a few weeks when liability is clear. If your case is complicated, if your medical injuries are severe, or if the potential compensation is very high, the case will likely take longer.
You’ll need to show that the property owner was negligent to win compensation from a slip and fall case in Texas. The burden of proof lies with you, so it’s essential to take steps to collect evidence.
As explained above, taking photos and videos of the environment is a good idea to show how it contributed to the injury. You should also take photos and videos of your injuries. Get the names and contact details of witnesses and see a doctor so they can document the extent of your injuries.
As always, contact an experienced slip and fall injury lawyer in Texas as soon as possible to discuss the specifics of your case.
As soon as possible, once you’ve sought medical treatment, contact an experienced slip and fall injury lawyer. For a slip and fall injury in McAllen, call 956-631-3535. For a slip and fall injury in San Antonio, call 210-646-9100.
Yes, most slip and fall cases settle out of court. According to some legal experts, only 2% of slip and fall injury cases in Texas go to court. A settlement occurs in place of a court trial but still results in financial compensation for the injured party.
The first thing that you should do is call emergency services if the injury is severe enough. Then, if someone is first aid trained, provide medical assistance as appropriate.
Next, it’s important to document everything. If you’re a business owner and your business is open to the public, you assume a certain amount of liability for anything that happens to customers while they are on your premises. However, the customer will have to prove that you have been negligent to make a successful claim against your business.
As soon as possible after the incident, call your insurance provider and report the event in detail. You should also start gathering evidence as soon as you possibly can. Use your phone’s camera to take pictures of the area where the incident happened. Get the names and contact information of anyone who can act as a witness and ask them to give testimony. Get everything written up in a report and send it along to your insurance provider.
If you have found anything that you think may have contributed to the incident, make sure it’s tidied up as quickly as possible.
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