In Texas, property owners and occupiers have to keep their properties free of unreasonable hazards and avoid putting people at risk of injury. If they fail to do so and you slip and fall, they may be legally responsible for paying your medical bills, as well as other related expenses and losses. You will need to file an insurance claim or personal injury lawsuit to recover these damages. A slip and fall lawyer at our firm serving Baytown can help.
At D. Miller & Associates, PLLC™, our Baytown slip and fall team can help you understand your legal options after an injury. We offer case evaluations that let us analyze your circumstances and explain if you have a valid case against the property owner. If you enlist our help, we can handle the insurance claims process for you. In most cases, we can negotiate a fair settlement without ever having to go to court.
Common Injuries and Damages in a Baytown Slip and Fall Case
While we think of falls as minor accidents, this is not always the case. For some people, a fall injury can require emergency medical care and intensive rehabilitation and even lead to temporary or permanent impairments. Some fall injuries our clients suffered include:
- Sprains and strains
- Torn ligaments and tendons
- Soft tissue injuries to the neck, shoulders, and upper back
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
The severity of your injuries is a major factor in determining the value of your case. There is no way to know exactly how much your case is worth until we investigate the accident and collect documentation of your expenses and losses related to the fall. Common damages we recover include:
- Medical bills
- Rehabilitation and physical therapy costs
- Prescription medication expenses
- Ongoing care costs and estimates of future care needs
- Crutches, canes, walkers, wheelchairs, or other mobility aids
- Reimbursement for any property damage
- Reimbursement for any fall-related out-of-pocket costs
- Pain and suffering
Do Not Wait to Make Us Part of Your Slip and Fall Case
The state determines how much time you have to seek financial recovery from the liable party. The sooner you get our personal injury team involved in your slip and fall case, the better. Acting quickly has the following two benefits:
- Texas law generally requires you to file your lawsuit within two years of the date of your fall. With enough notice, our team can ensure compliance with the relevant statute and remove the risks associated with non-compliance.
- The sooner we get involved, the more time we have to investigate your case. Early intervention means we can talk to witnesses while memories are fresh. We can also canvass the area for photos and videos.
Leave the details of your case to us. Our goal is to streamline your case as much as possible and to help you start rebuilding your life after an accidental fall.
How Long Will It Take to Negotiate a Settlement?
How long it will take to settle your case will depend on various factors. The time the at-fault party’s insurance company takes them to initiate an offer and to agree to our terms factor into this time frame. If they fail to act in a timely fashion or make a satisfactory offer, we will take your case to trial.
Other factors that will affect the timespan until we reach a settlement include:
- The time it takes to investigate your case
- The time it takes to understand its costs
- The time it takes to reach a final agreement
In addition, you play an important role in the settlement timeline. You, not us, will make the final decision to accept or reject a settlement. Our team helps you weigh the pros and cons of each offer you receive. We also make sure you have the information you need to make a well-thought-out decision.
Where and How Slip and Fall Accidents Occur
Property owners have a responsibility to keep guests safe from unreasonable hazards. They are required to provide you with a reasonable duty of care. When they do not and you suffer physical and financial damages, they are liable for covering those costs. This applies to owners of almost any type of property, including:
- Private homes
- Public sidewalks
- Parking lots
- Public roads
- Private driveways
If the property owner spots an unsafe condition that could cause a fall or other injury accident, they have an obligation to repair it as soon as possible. If they cannot repair it immediately, they need to warn others of the hazard.
If the property owner or occupier spots the hazard—or should have spotted it—and failed to take action, this is negligence. When they act negligently, they are liable for any injuries you suffer. This happens frequently. Any of these common situations could lead to a fall:
- Spills that are not cleaned up
- Tracked rain without rugs
- Torn, damaged, or rolled carpets
- Broken or damaged tile floors
- Uneven floors
- Stairs without adequate hazard warnings or other markings
- Trip hazards, such as items in the walkway
- Missing or broken railings
- Poor lighting
- Potholes and other defects in the asphalt or sidewalk
Liability for Slip and Fall Injuries
Under Texas premises liability laws, the liable party in a slip and fall accident is the person or company responsible for the maintenance of a property. In most cases, this is the property owner or the property occupier. Occasionally, there are multiple parties who may be liable. One of the first things we do when investigating one of these incidents is identify all liable parties.
Not all slip and fall injuries will qualify as a negligence-based accident. We cannot hold the property owner or occupier responsible for your fall unless they ignored a known hazard. For example, if you are walking behind someone in a restaurant who drops a drink and you slip in it, it is unlikely you have a valid claim. However, if you walk by 10 minutes after the spill and slip in it, we can likely recover damages for you. In a busy restaurant, it is unreasonable to think no host, server, or manager walked through the area and noticed the spill during this period.
In most cases, we can recover damages by filing a third-party liability insurance claim. We approach the property owner’s homeowner or business liability insurer and demand a fair settlement based on the evidence we collect and our documentation of your damages. In rare cases, we may need to file a personal injury lawsuit to get the fair recovery you deserve.
Proving Negligence and Liability in a Slip and Fall Case
All slip and fall cases hinge on our ability to prove negligence and liability. We can provide evidence to show the property owner acted negligently, and this negligence caused your injuries. Usually, this task requires evidence to prove:
- There was an unreasonable hazard.
- The property owner knew or should have known about this hazard.
- They took no action to repair, remove, or warn you of the hazard.
- The hazard caused your fall.
- You suffered injuries and financial losses.
The evidence we use to prove these cases includes:
- Police reports, if they responded to the scene of your fall
- Witness statements
- Accident reports the company filed if you were in a store or restaurant
- Photographs of the scene
- Video of the fall, if available
- Any documentation that shows they knew about the hazard
- Your medical records and other documentation of your injuries
What Previous Clients Say When They Talk About Our Law Firm
Our team works hard to get the best possible outcome for every injured client we represent. When they talk about their experience with our team, our previous clients say:
- “I have been represented by D. Miller & Associates, PLLC for almost a year and I have nothing but positive things to say…I would strongly recommend this firm for any of your personal injury or any other claims you may have.” —Wayne P.
- “Very attentive and helpful law firm. Quick to answer your questions and explain tough legal language and made a negative time of my life have a positive outcome and brighter future.” —Daniel L.
When our law firm manages your case, we handle every relevant detail and even make sure you get the medical care you need.
Talk To Our Slip And Fall Team Serving Baytown About Your Case Today
The Baytown slip and fall team from D. Miller & Associates, PLLC™, offers case evaluations. We can help you understand your right to recover damages and explain your options for filing a case. If we believe you have a valid case against the property owner, we can guide you through the claims process and pursue a settlement on your behalf.