A slip and fall accident occurs when a person slips, trips, or falls due to a hazardous condition on another person’s property. These accidents can occur anywhere, from shopping malls and sports stadiums to a neighbor’s sidewalk or a public park. When your slip and fall injuries are caused by the negligence or intentional conduct of another person, you are entitled to file a personal injury lawsuit in court and receive damages, or financial compensation, for those injuries.
In Texas, slip and fall accidents fall under a section of law called premises liability, which determines who may be liable for your injuries and the amount of damages or compensation you can recover. Continue reading to learn more about the type of injuries that can occur in a slip and fall accident, what you can recover compensation for, and how Godsey Martin, PC can help you with your slip and fall accident claim.
What Type of Injuries Result From Slip and Fall Accidents?
Injuries sustained in a slip and fall accident can vary depending on the circumstances. Common injuries caused by slip and fall accidents include:
- Minor cuts, scrapes, and bruises.
- Soft tissue injuries, such as sprains and torn ligaments.
- Broken or fractured bones.
- Brain, neck, and shoulder injuries.
- Back and spinal cord injuries.
Less common injuries include:
- Loss of limbs.
- Emotional injuries.
What Types of Damages Are Available After a Slip and Fall Accident?
In Texas, personal injury claimants may be entitled to three types of damages: compensatory, noneconomic, and exemplary. The type of injuries and harm you experienced due to the incident will determine the amount of damages you receive.
The main type of damages, compensatory or economic damages, are intended to compensate you for actual economic or pecuniary loss. They are awarded to compensate you for expenses you incurred and expect to incur due to the accident and your injuries. Expenses must be quantifiable or have an identifiable cost, usually proven with documents such as bills and receipts. Common compensatory damages include:
- Medical care and expenses.
- Short- and long-term care.
- Lost wages, including loss of future earnings.
- Damage to your property.
Noneconomic damages are awarded for nonmonetary losses or where an exact dollar amount may be difficult to pinpoint. Common examples of non-economic damages include:
- Physical pain and suffering.
- Mental or emotional pain or anguish.
- Loss of consortium, companionship, and society.
- Physical impairment.
- Injury to reputation.
Exemplary or punitive damages are neither economic nor noneconomic because they aren’t awarded to compensate for any loss. Instead, exemplary damages are awarded to punish wrongful conduct and serve as a warning to future defendants or wrongdoers. Punitive damages are usually reserved for cases where the conduct that caused your injuries or the accident involves:
- Fraud or the use of misrepresentation or concealment to deceive another person.
- Malice, or a specific intent by the defendant to cause substantial injury or harm to another.
- Gross negligence, or an act or omission conducted with an awareness of an extreme degree of risk or conscious indifference to the rights, safety, or welfare of others.
How Much Is the Average Slip and Fall Accident Case Worth in Texas?
Every slip and fall accident case is different, and the value of your claim will depend on a variety of factors, including the severity of your injuries and your medical expenses. Also affecting the amount you may recover is the modified comparative negligence rule, a special rule that Texas applies to personal injury cases. Under this rule, if you are determined to be more than 50% at fault for your accident, you will be prohibited from receiving compensation.
How Long Do I Have To File My Slip and Fall Accident Case?
To recover compensation, you must file your case within two years of the date of your accident or else you’ll forfeit your right to recover compensation for your injuries.
Does Texas Cap the Amount of Damages You Can Receive?
While Texas does not cap economic and noneconomic damages for most personal slip and fall injury claims, there are statutory limitations on claims against the government and on the maximum amount of punitive damages you can recover.
How Do You Prove Your Slip and Fall Accident Case?
To succeed in a slip and fall claim, you must prove four things:
- The property owner had control over the property and the condition that caused your injury.
- The dangerous condition on the property caused your injury.
- The property owner knew or should have known of the dangerous condition.
- The property owner failed to remedy the known dangerous condition or failed to provide warnings of the dangerous condition.
How Can Godsey Martin, PC Help You After Your Slip and Fall Accident?
We understand the unique nature of a slip and fall accident and the complicated process of filing a compensation claim. While the process can seem overwhelming, our law firm of over 90 knowledgeable attorneys can provide you with a dedicated, professional, and personalized experience from the first day you enter our offices.
With our extensive knowledge of Texas personal injury law, Godsey Martin, PC will help you with every aspect of your slip and fall accident case, including:
- Explaining your legal rights and options.
- Filing your claim with the insurance companies and/or the court.
- Obtaining necessary evidence for the case.
- Referring you to qualified medical professionals, including doctors and physical therapists.
- Managing all correspondence with insurance companies and their lawyers.
- Negotiating settlements with insurance companies and their lawyers.
- Getting compensation for medical expenses, pain & suffering, lost wages, and other damages associated with the accident.
There is no upfront cost with us. All our personal injury claims and cases are taken on a contingency fee basis. We do not collect a fee unless you get paid.
Contact us online or at 1-800-IGOTHIT (1-800-446-8448) for a free consultation about your slip and fall case. We also handle other types of personal injury cases, including car accidents and bicycle accidents.