According to the National Floor Safety Institute, “Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls.” When you are injured in a slip and fall accident, you need experienced slip and fall accident lawyers to ensure maximum value for your slip and fall settlement. Contact our team of experienced injury lawyers at Thompson Law today for a FREE CONSULTATION!
One of the biggest challenges in most slip and fall cases is determining fault, and if the property owner should be held responsible for some or all of the blame based on their inability to provide safe conditions. If you are injured on the job this is a different scenario than if you were injured while at a store or on someone’s personal property. You need a team of experienced slip and fall attorneys to help get you the slip and fall settlement you deserve. Contact us today for a FREE CASE REVIEW. We don’t make a penny unless we are able to obtain a slip and fall settlement for you.
A variety of factors will impact the value of your slip and fall settlement. The amount you receive for a slip and fall settlement depends on factors such as the negligence of the owner of the premises, the severity of your injuries, and the manner in which the injuries impact your life.
Factors that are considered when determining the value of a slip and fall settlement include:
The factors above are typically broken down into two broad categories: economic damages (also known as monetary damages) and non-economic damages (also known as non-monetary damages).
Economic damages are easy to quantify because they refer to a specific expense you have incurred, a debt you owe, or an expense you will incur. Examples of economic damages in slip and fall settlement claims include:
When you find yourself in a slip and fall accident in Texas, you need to get the best personal injury lawyer with experience handling slip and fall settlements. Slip and fall accidents are often overlooked or brushed off by employees. However, it is important to get the proper medical treatment so that you have a basis to start your claim, and an attorney with a track record of strong results handling slip and fall settlements.
If you believe that you have a basis for making a slip and fall claim, contact our accident lawyers for a FREE CONSULTATION. We will ask some questions about your accident, answer any questions you may have, and can have an attorney working on your flip and fall settlement claim today.
Negligence is slip and fall accidents is often difficult to prove. Generally, three facts must be in your favor to have a strong slip and fall case: 1) the dangerous condition which caused your accident was not “open and obvious”, meaning it is not something a reasonable person would have seen; 2) the owner of the premises had knowledge of the dangerous condition on his or her property; and, 3) the property owner did not take reasonable steps to repair, replace, or restrict the area so visitors or guests on the property would not be harmed.
Slip and fall accidents are a subset of premises liability cases. For negligence to apply as it relates to the owner of the premises, your slip and fall attorney will have to prove four elements:
A slip and fall settlements attorney will be able to help prove up all of these elements with your help. We will be able to investigate and prove who the owner of the property was at the time of your accident, although sometimes obtaining that proof requires filing of a lawsuit. We will establish whether a duty of care was owed to you based on the type of “visitor” you were on the property, with invitees having the highest duties of care due to them, and trespassers the least. We will investigate the circumstances surrounding the dangerous condition to prove up knowledge by the owner, and your medical bills and other damages will prove up your financial consequences.
If you were injured on someone else’s property in a slip and fall due to the dangerous or defective conditions on their property, call our slip and fall attorneys to discuss your slip and fall settlement options. We offer FREE CONSULTATIONS and charge NO FEE unless we are able to obtain a recovery on your behalf.
The IRS has compiled an information sheet to break down some basic instances of how to determine if all or part of your settlement is taxable. The general rule of thumb is that any compensation directly related to the physical damages incurred will not be taxable. So generally subsequent injuries and ongoing mental anguish or trauma as a result of the accident may be taxable. These are all just very loose rules of thumb and if you want to read all about the tax implications of your settlement you can visit the IRS page dedicated to this topic.
Slip and fall accidents in the workplace are very common and account for 16% of all claims according to workers comp statistics from ITT-Hartford Insurance Company. Falls from elevation are generally more dangerous. Falls from elevation comprises approximately 40% of compensable fall cases. Fatalities due to slip and fall accidents are not common. However, approximately 10% of occupational fatalities are a result of a slip and fall accident.
If you suffered injuries related to a slip and fall in the workplace, call our accident injury lawyers for a FREE CONSULTATION.
If you or a loved one were a victim of a slip and fall accident due to the negligence of someone else, you are entitled to file for a slip and fall settlement for the damages and pain incurred. Often people who are victims of slip and fall accidents in Texas pay for their medical expenses out of pocket. Or even worse take the low-ball settlement offers that insurance companies try to pressure you into following an accident.
Oftentimes, insurance companies or the individual(s) involved in causing your accident will try to get you to take a lower settlement than what you are entitled to. You have up to 2 years to pursue legal action in our great state of Texas. According to legal site Nolo.com, “The statute of limitations that will apply to a slip and fall injury claim in Texas is the same as the larger one that applies to all personal injury cases filed in the state’s civil court system. Specifically, Texas Civil Practice & Remedies Code section 16.003 sets a two-year deadline for the filing of any civil action seeking a legal remedy for personal injury.”
Contributory negligence is a concept that you want to be familiar with if you are a Texas resident. Texas follows comparative negligence common law. This means that if a slip and fall case goes to trial in Texas, the state’s “modified comparative negligence rule” will determine how much you can still receive from the property owner for your slip and fall settlement.
The modified comparative negligence rule is relatively simple. Whatever percentage of blame the jury finds the victim of the accident guilty of, is reduced from the settlement. For example, say you got into a slip and fall accident in Texas and your settlement was worth $100,000. Then the jury found you 30% responsible for the accident. That means that you would be entitled to $70,000 because your settlement would have been reduced by $30,000 due to proving your 30% negligence.
As you can imagine, insurance companies and corporate legal teams will do everything they can to try to increase the amount of negligence that can be blamed on the victim. Don’t let the insurance companies push you around!
Do not let insurance adjusters take advantage of you or your loved ones after a slip and fall accident. Call Thompson Law for a free consultation. Let us go up to bat for you. We have experience navigating the clever and shady tactics of insurance companies, and a proven track record of success for our clients.
Our firm’s Managing Partner, Ryan Thompson, has been ranked in the Top 100 National Trial Lawyers and is a Lifetime Member of the Multi-Million Dollar Advocates Forum. The statute of limitations for personal injury cases in Texas is two years, so if you have been injured in a slip and fall accident, consult with an experienced personal injury lawyer regarding your slip and fall settlement. The sooner you know your options, the sooner you are on the path to recovery and your deserved compensation.
Don’t hesitate, call us and get your free case evaluation today! There’s no fee unless we win for you.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.