How to Determine Your Slip and Fall Settlement in Texas

slip and fall

Slip and fall accidents are all too common in Texas. This is due to the nature of the type of work that is more common here in Texas. Agriculture, construction, and similar fields are some of the most prone to seeing serious slip and fall accidents. 

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”. That means you need legal representation to get your full slip and fall settlement amount! Contact Ryan Thompson and our team of experienced Dallas slip and fall accident lawyers at Thompson Law today

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 in Dallas to help get you the settlement you deserve. Contact us today for your free consultation. We don’t make a dime until you do!

More Information on Slip and Fall Settlements

Lost Wages Settlement

Anytime someone is forced to miss work due to injuries or obligations that were caused as a result of an accident, part of the settlement includes payments for lost wages. There is a major distinction between work that has already been missed vs work that will still need to be missed. For projecting future lost wages there are some standard scenarios that Nolo covers. Basically, if you can still work but can’t do your previous job, your settlement will be different than someone who isn’t able to work at all anymore, or someone who can’t perform their old job right now but will be able to in the future.

Slip and Fall Settlement 

When you find yourself in a slip and fall accident in Texas, you need to get the best personal injury lawyer. 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.  

Tax Implications of Your Settlement Amount

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

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. 

Some examples of slip and fall accidents in the workplace are:

  • Wet floors
  • Lack of proper maintenance or repairs causing a walking surface to be uneven or unsteady for someone to walk on
  • Unmarked steps
  • Improperly secured ladders
  • Improper footwear for the job being performed (if instructed to wear these shoes you are not at fault). Please wear the proper foot protection that your employer asks you to wear. This will ensure that you can’t be held responsible

Texas Statute of Limitations for Slip and Fall Accidents

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 claim a 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 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.”

Comparative Negligence in Slip and Fall Cases

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. 

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. 

The Thompson Law Difference

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. 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!

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Thompson Law’s Guarantee

Thompson Law offers free case reviews to every potential client so we can help you determine the best legal approach to pursue. We receive no attorney fees and you pay no legal expenses unless you get compensated for your accident.

Thompson Law’s personal injury lawyers and their legal teams treat every client with respect, empathy, and compassion. We understand that there is no one-size-fits-all approach, as every case is unique and different. Our firm won 10 of the top 50 settlements in Texas in 2020, including the 2nd and 3rd largest personal injury settlements in the State. We can help you, too.

State law limits the time to file a claim following a personal injury accident. If you have been injured, call now for the help you need.