A slip and fall accident can result in a variety of severe injuries and even death. In fact, the Centers for Disease Control and Prevention (CDC) reports that over 800,000 people per year are hospitalized due to falls, and the National Safety Council (NSC) explains that falls are the third leading cause of unintentional injury-related deaths.
If you or your loved one suffered because of a slip and fall accident on public or private property due to the property owner’s negligence, you may be able to receive compensation for your losses. A Fort Worth slip and fall injury lawyer at Ben Crump Law, PLLC could help you to recover the cost of damages caused by the accident. Call (800) 959-1444 today to schedule a free consultation.
Property Owner Liability in Texas
Texas Civil Practice and Remedies Code § 75.002 states that property owners are liable for injuries to other people on their property if the injuries are a result of “willful or wanton acts or gross negligence by the owner, lessee, or occupant.” Essentially, this means that in order to win compensation for a slip and fall injury in Texas, you must clearly prove that the injury was a result of the property owner’s negligence.
Negligence is the failure to provide a reasonable amount of care in preventing harm from occurring to another person. This can also be called a tort, which is an “an act or omission which gives rise to the injury or harm to another,” according to the Legal Information Institute.
Dangerous property conditions that could result in a slip and fall and be considered negligence on the part of the property owner include:
- Defective or dangerous sidewalks
- Improperly constructed staircases
- Potholes in pavement
- Uneven surfaces
- Wet floors due to a spill
- Recently mopped or waxed floors without proper warning signs
- Loose floorboards
- Cluttered floors
- Torn carpeting
- Improper lighting
When you suffer an injury on someone else’s property because of their failure to prevent harm, you deserve to receive compensation for your suffering.
For a free legal consultation with a slip and fall injury lawyer serving Fort Worth, call (800)-647-3113
Your Legal Options After a Slip and Fall Injury
You have two main legal recourses when you suffer an injury on public or private property due to the property owner’s negligence:
- File an insurance claim. You can seek compensation for your injury by filing a claim with the property owner’s insurance company.
- File a personal injury lawsuit. If the property owner does not have insurance or the insurance does not cover your losses, you may be able to recover damages by suing the property owner in civil court through a personal injury lawsuit.
Regardless of whether you choose an insurance claim or to pursue damages in civil court, your case is likely to be affected by the law of proportionate responsibility, outlined in Texas Civil Practice and Remedies Code § 33. Also called comparative negligence or shared fault, this law means that a portion of fault is assigned to each party in an accident or injury.
For example, if you fall and suffer an injury on someone else’s property but you are 25% at fault because you ignored a sign or were looking at your phone while walking, you will only receive 75% of the damage award. Additionally, if a party is found to be more than 50% at fault for an injury, they will not receive any damages. Because of this proportionate responsibility law, it is especially important to prove negligence in a slip and fall lawsuit.
A Fort Worth slip and fall injury lawyer at Ben Crump Law, PLLC may be able to help with your case. Our team can discuss your legal options, investigate, gather evidence, file a claim on your behalf, and pursue a settlement award for you.
Fort Worth Slip and Fall Injury Lawyer Near Me (800)-647-3113
Recoverable Damages for a Slip and Fall Injury
When you suffer an injury due to another person’s negligence, you may be able to receive compensation for your losses. The recoverable damages you could obtain through a personal injury lawsuit in Texas include:
- Medical expenses
- Loss of earning capacity
- Physical pain
- Physical impairment
- Mental anguish
- Loss of services
- Loss of consortium
Receiving a damage award after your injury can pay for the expenses of your injury, but it can also help offset future costs and help you to achieve closure after a traumatic event. By holding the property owner accountable for their actions, you could also help to prevent more accidents in the future. You should not have to suffer more by paying the expenses of an accident that was not your fault.
How the Statue of Limitations Could Affect Your Case
A statute of limitations is a law that states how long you have after a wrongful event occurs to pursue legal action. According to Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury or wrongful death, including in slip and fall cases, is two years.
For the majority of cases, this means that if you or your loved one’s fall occurred more than two years ago, you are no longer able to recover damages. However, there are rare exceptions to this statute of limitations, so you can still consult a Fort Worth slip and fall injury lawyer to be sure of your options.
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The Team at Ben Crump Law, PLLC Is Here for You
The Fort Worth slip and fall injury lawyers at Ben Crump Law, PLLC may be able to help you recover from your fall by pursuing compensation for you. To prove your personal injury case or help recover a settlement from an insurance company, our team could:
- Find video surveillance.
- Find photos of the scene of the accident.
- Present your medical records as evidence.
- Obtain and review police records.
- Gather eyewitness statements.
We can also identify what damages you may be able to recover, manage the communication between all involved parties, and firmly negotiate for you to receive a fair settlement. We will fight for you to receive compensation for your injury so you can focus on healing and recovering.
Call the team at Ben Crump Law, PLLC at (800) 959-1444 to begin your case. We offer a free consultation at no obligation, and because we work on a contingency fee basis, you will not owe us anything unless we can recover compensation for you.