Many people consider death and taxes the only certainty in life. However, accidents are a fact of life. Unfortunately, these accidents can often result in injuries. However, many accidents can be prevented, even those involving slip-and-fall incidents. You may consider taking legal action if you have been injured in a slip-and-fall in Webster, Texas, accident on someone else’s Texas property. If you’re one of those who are reluctant to take legal action, it might be worth considering what you could lose if your actions are not taken.
Do not Take on the Responsibility
You can choose to deal with your injury on your own. This could lead to dire consequences for your family and you.
- Your injuries will require medical treatment.
- Any income you lose due to your absence from work will be lost.
- If you require physical rehabilitation, you will be responsible for paying.
- In the event of a severe injury that renders you permanently disabled or unable to work, you will have to make up for your income loss.
- You have lost your right to claim redress from the property owner’s negligence.
The National Floor Safety Institute estimates that approximately 1 million Americans visit the emergency room each year because of injuries from slip-and-fall accidents. In 2002, the Bureau of Labor calculated that over a fifth of slip and fall injuries resulted in an injury that required accident victims to be absent from work for at most 31 days. Many workers cannot afford to lose a month’s income to avoid litigation.
Take a look at your options
Texas has a two-year statute of limitations on most civil actions arising from slip-and-fall accidents. You only have two years to file a lawsuit to receive compensation for any personal injuries. This includes your actual financial damages and any damage to your personal property. Although it may seem like a lot to think about, there are essential things you should keep in mind when deciding whether to pursue legal action.
- It is vital to act quickly. It is best to seek medical attention as soon as possible after an accident. You may be eligible for compensation if an injury is found and the injury was caused by your fall.
- You risk that your injury is exacerbated by factors other than the accident. This could be a defense for your claim. This could also make the jury wonder why you didn’t act sooner after discovering the injury.
- Any case involving damages will be decided based on how you were treated. To ensure you are compensated, legal representation may be necessary.
Your First Steps
It is essential to consult an attorney after an accident. A lawyer can review the accident’s circumstances and help determine if the property owner is at fault. This finding will require certain elements. These elements include the owner’s duty of safety, failure to do so, evidence of injury, and actual damages that can be awarded.
These elements should be present, so you can pursue the compensation you are due. However, you must remember that you have to do certain things if you want to maximize your chances of obtaining monetary compensation for your injuries. These actions must be taken immediately following your fall.
- If possible, report the accident to the property owner or manager. You should ensure that you properly document the fall and request a copy.
- Please keep track of details like the date and the time of the fall and who witnessed it. Contact them.
- Seek medical attention. This is not only important for your general wellbeing, but it is crucial to establish the cause and effect between the injury and fall.
- Talk to an attorney. An attorney will tell you not to speak with insurance companies and to resist the urge to make comments on your accident or medical condition on social media. That advice is essential.
You may be wondering if recent changes to the law have affected your chances of receiving compensation, given the importance that has been placed on tort reform. You can rest assured that injury damage caps in the state only apply to medical malpractice cases. Slip and fall injuries do not have such caps, so don’t let those worries stop you from seeking the proper compensation. You might be able to claim compensation under Texas’ modified comparative fault rules even if the fall was partially your fault. However, a jury must find you responsible for less than half of the accident.
You will ultimately decide whether to seek compensation through the courts. You should make that decision with full knowledge of the potential consequences if you decide to pay for the financial costs of your injury. Consider consulting an experienced Webster personal injury lawyer before you make this decision. This will allow you to explore your options thoroughly.