Kerrville Slip and Fall Lawyer Representing Injured Clients
Falling in a public place can be a startling and embarrassing situation for any adult. While many times you may just walk away with a few bruises, slip-and-falls can sometimes result in broken bones, concussions, and other painful injuries. So what should you do if you were visiting a business or public area and ended up slipping or tripping and falling? Learn how slip-and-fall claims work in Texas and the steps you should take to receive compensation.
What Are the Most Common Injuries Sustained Due to a Slip-And-Fall Accident?
The majority of slip-and-falls occur at a walking level when a person suddenly encounters an obstacle such as uneven flooring, slick surfaces, ripped carpet or floor mats, sidewalks covered in snow and ice, unsecured electrical wiring or extension cords, and poor lighting, for example. The obstacle or unsafe area causes the person to lose balance and fall. Some falls can be minor and lead to bruising and soreness, while others can be significantly more serious.
If an individual falls and hits their head, they can end up with a TBI (Traumatic Brain Injury), which could be as simple as a concussion or as severe as a brain lesion that could cause temporary or permanent disability. Likewise, sometimes a person tenses up and overexerts themselves once they realize they are falling, an action that can contribute to spinal cord injuries such as herniated discs, and the worst cases could result in paralysis.
Broken bones can also be a common injury, with seniors frequently presenting broken pelvis and hip bones as a result of a fall. If a person lands on their shoulder or neck during a fall, they may sustain a variety of injuries ranging from muscle strains to shoulder dislocation and broken collar bones. Finally, soft tissue injuries such as cuts, bruises, skin abrasions, torn ligaments, tendons or muscles, and even whiplash are also common after a slip-and-fall.
What Should I Do After a Slip and Fall?
If you have been hurt after slipping and falling, your priority is to seek medical help. You may not feel injured right away, but it is common for many injuries resulting from a slip and fall to manifest themselves hours, even days after your accident. It is important to be examined by a doctor so you can have the medical records to document the progression of your injury and thus have the evidence to link your current symptoms to your accident.
If it is safe to do so and your injuries do not require immediate attention, try to collect evidence from the area where your fall occurred. Take pictures and videos, and document any obstacles or unsafe situations that may have contributed to your fall, such as uneven ground, slippery floors, or a sidewalk that was not properly treated for ice or snow. If anyone witnessed what happened, write down their contact information if possible.
You will also want to get the name and contact information of the party in control of the property, whether that is a business, private residence, or public place, as well as their liability insurance information, if available. With all of these pieces of information, you will have better chances of initiating a successful slip-and-fall accident claim. Finally, contact a Kerrville slip and fall lawyer as soon as possible.
How Can You Prove Negligence in a Slip-And-Fall Case?
Like any personal injury case, a slip-and-fall claim is based on the notion that the accident and injury may have been prevented if the party responsible for managing and controlling the property had not breached its duty of care to customers and visitors. It is up to the victim (or plaintiff) to come up with the evidence needed to prove that the other party’s negligence was the main cause of their accident.
In order to accomplish that, the plaintiff of a negligence-based case must prove that (1) the party in control of the property (the defendant) had a duty of care to individuals lawfully present on the property, meaning they had the duty to maintain a safe environment free of obstacles and hazardous situations; (2) the defendant breached their duty of care by not taking appropriate action to remedy a hazard that they knew about – or should have known about –; (3) the plaintiff was injured as a result of the defendant’s breach of duty of care and (4), the plaintiff sustained significant damages.
Who Can Receive Compensation for a Fall in Texas?
In most slip-and-fall cases, victims who were injured while lawfully present on private or public property and who can prove their injury was a result of the owner’s negligence may seek compensation for a slip and fall in Texas. For example, customers shopping at a store or retail business, visitors to a museum or government-owned area, independent contractors doing work at a construction site, and even guests to a private residence. Employees of a business injured in the course of a job-related activity may also receive compensation, but in most cases, their claim will go through their employer’s workers’ compensation insurance.
So, can a trespasser injured in a slip-and-fall accident have a claim against the property owner? In most cases, a trespasser is breaking the law by entering a property without authorization and thus may likely not have a valid claim against the property owner, with very few exceptions.
Those entitled to compensation may seek repayment for economic and non-economic damages. Economic damages encompass tangible financial losses that occurred as a result of the accident and injury. Medical bills, lost wages, and property damage are some frequent examples of economic damages. However, it is understood that any accidental injury takes a toll on the victim in more ways than just financial losses. Being injured is painful, and sometimes the process of recovering from an injury can be equally painful. The pain, suffering, and mental anguish resulting from the accident are all examples of non-economic damages.
Why Should I Call a Kerrville Slip-And-Fall Lawyer?
Slip and falls are perhaps the most common type of personal injury claim, and courts deal with numerous frivolous slip-and-fall claims every year, making it essential for legitimate slip-and-fall victims to put in extra effort to prove their case. Working with a Kerrville slip and fall lawyer is the first step you should take to build a strong case and receive the compensation you deserve.
Depending on where your accident happened, getting the responsible party to cooperate may not be an easy process. You may also find yourself dealing with a government agency if you fall on a public area or government property, which means you may need to follow very specific steps and be subject to shorter deadlines to take action. Some government agencies may give you as little as 30 days to begin your claim process. By working with an attorney, you can rest assured your case is being handled in a professional manner, and you won’t need to worry about figuring out the next step you should take.
A slip-and-fall attorney can handle every aspect of your case for you – whether you need to file an insurance claim and are being bothered with insurance adjuster phone calls or need to initiate a civil lawsuit and take your case to the courtroom, your attorney can apply their knowledge of the law and experience acquired during previous similar cases to help you reach a favorable outcome for your case. This allows you to place your focus back on healing and to get back on your feet.
At the Law Offices of S. Dylan Pearcy, every client is treated with compassion, respect, and professionalism. The legal team at the Law Offices of S. Dylan Pearcy has handled countless slip-and-fall claims for clients in Kerrville and surrounding areas, securing hundreds of thousands in compensation for their clients. If you have been hurt in a slip-and-fall accident due to a property owner’s negligence, reach out to our firm to discuss your case. You may call the Kerrville office at (830) 222-8629 and schedule a no-commitment initial consultation to learn your options and see how we may be able to help.