Category: Slip and Fall Accidents

You may be eligible for financial compensation if you are injured in a Seabrook Texas slip-and-fall accident. You or your attorney must prove negligence before you can receive compensation for medical bills and other losses. This legal requirement requires evidence to prove that the defendant caused or contributed to your accident.

What is Negligence?

Neglect is a failure to exercise a reasonable or average amount of care in personal injury law. In a premises liability case, negligence could be the intentional disregard of a property defect or hazard. Negligence can be described as four elements.

• Duty of care or the obligation to act with carefulness and prudence.
• Violation of the duty to care.
• There is a causal link between the plaintiff’s injury and the defendant’s breach.
• Compensation for the plaintiff’s losses.

A reasonable and prudent party would not have done the same thing in the same circumstances. This is considered negligence. Negligence can cause injury to another person. The negligent party can be financially responsible or liable for the losses.

Example of Negligence in a Slip and Fall Case

Many different types of negligence can cause Texas. You may be held responsible if the property owner knew about the defect or risk that led to your accident but did not remedy it. The negligence of property owners can cause slips and falls.

• Employees in stores ignore slip-and-fall hazards
• Failure to adhere to a cleaning and mopping schedule.
• Failure to post the “Warning: Wet Floor Sign” when it is necessary.
• Avoid dangerous weather like rain and snow.
• Allowing a staircase to fall into disrepair.
• Do not ignore the need to fix an uneven curb or surface.
• Use lighting that is too dim.
• Failure to provide proper footwear for nursing home residents
• Failure to maintain your property correctly.

You are the plaintiff or the filing party in a Texas slip and fall case. You or your attorney must prove that the defendant was negligent and that your accident resulted from this. Clear and convincing evidence must be presented to prove negligence or fault.

Evidence in a Slip and Fall case

Any records, information, or data that can be used to support your claim can be considered evidence. This is known as the preponderance or burden of proof in slip and fall cases. These steps will help you gather evidence that supports your claim as an injured victim of an accident in Texas.

1. Talk to eyewitnesses immediately after your slip-and-fall accident and report it to a supervisor or staff member.
2. Photograph the scene of an accident while you are still there, paying attention to the slippery surface, hazard, or puddle that caused it.
3. Request a copy of any surveillance camera that may have captured your fall on tape.
4. Request copies of your medical records after being admitted to the hospital for emergency medical care.
5. To gather additional evidence such as maintenance logs, work with a slip-and-fall accident lawyer.

An attorney is the best way to prove negligence when involved in a slip-and-fall case in Seabrook, Texas. An attorney can help you understand your case and how to negotiate with insurance companies to maximize financial compensation. While your lawyer works to prove your case, you can focus on your healing and relaxation. Contact a Seabrook personal injury attorney today if you have been hurt in a slip-and-fall accident.

It takes two years to resolve a personal injury case where you have been injured when you slip and fall due to the property owner’s negligence. Complex cases may take many years to resolve.

It is important to remember that every case is different. It may prove not easy to establish a time frame for the case.

The length of the case will depend on many factors, such as the date you filed the claim, the response from the insurance company, and whether or not the case must be resolved in court.

Factors that Determine the Time It Takes to Clear Slip and Fall Cases

Slip and fall claims can be challenging to resolve depending on the facts of the accident and the parties involved.

The following factors can be used to determine the severity of a case:

Claim Filed

In some cases, you may be able to sustain severe injuries that require hospitalization, emergency care, and continued physical therapy. It is possible to delay filing a claim until you have received all necessary medical treatment.

Even if you think you aren’t hurt, it’s a good idea for you to seek medical attention immediately if you slip on another person’s property.

The Insurance Company’s Response To Your Claim

After you have filed a claim with your insurance company, they will review the case and determine what next steps to take. There are two options available to the insurance company:

1. An insurance adjuster will propose a settlement. Accept or decline the offer.
2. The insurance adjuster may deny your claim. You can take your case to court.

It can take several months to negotiate with the insurance company. Your slip and fall attorney in Pasadena, Texas, can gather evidence during this time.

• Police reports
• Eyewitness accounts
• Documents, such as medical records, diagnosis reports, and bills can be used to verify the authenticity of receipts.
• Video or photo surveillance of the accident

Your attorney will complete all paperwork and submit them to the insurance company.

Lawsuit and Litigation in a Slip-and-Fall Injury

You can file a lawsuit against the insurance company if they refuse to pay your claim. Your attorney may represent you during litigation.

These are the steps involved in civil litigation:

• The court serves a notice of intent to sue on the defendant. It can take several months to serve the papers.
• The defendant has ample time to respond. You may be able to negotiate with the defendant before trial, or you can challenge your claim in court.
• Both sides have lawyers who enter discovery periods to gather evidence and testimony from potential witnesses.
• If the matter is not resolved, the court will schedule a trial.

After you file a lawsuit in Texas, it can take some time before a civil trial begins. The complexity of the case and the speed at which the court processes the case will determine how long it takes to resolve your claim. The trial period can last from one day to one month.

Four Factors that Can Cause a Slip-and-Fall Injury Case

Texas can delay cases involving slip-and-fall injuries by four factors.

1. Establishing Facts: You and the defendant may disagree about the facts of your case. This could include fault and liability, how and when the accident happened, and if you were partially responsible for it.
2. You may be seeking damages for medical expenses, lost wages, or pain and suffering. It may take longer to resolve a case if you seek extensive damages.
3. Still Receiving Treatment The court may delay proceedings until you have received treatment.
4. You have missed the Statute of Limitations. According to Title 2 SS 16.033, the Texas Civil Practice and Remedies Code Title 2 SS 16.033, two years are allowed for you to file a claim. You may still be eligible to file a claim even if you have missed the Texas statute of limitations. This depends on certain factors. Your case might take longer to resolve.

 Find a Texas Slip and Fall Injury Lawyer. 

If you’ve been hurt in a slip-and-fall accident in Pasadena, Texas, contact a Pasadena TX personal injury attorney. We will review your case and discuss your legal options.

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.