Houston Slip and Fall Accident Lawyer

You should not worry about falling every time you set foot in a new place, but suffering a fall can make you feel like every step is uncertain. Our slip and fall lawyers in Houston can work to get you back on your feet, literally and figuratively.

If a property owner caused—or failed to prevent—your Texas slip and fall injuries, you may be able to hold them financially responsible for your medical care, lost wages, pain and suffering, and other losses.

What Are the Grounds for a Slip and Fall Case?

While many fall injuries are minor and result in only bruising, strains, and sprains, some people do suffer serious injuries in slip and fall accidents. Torn ligaments and tendons call for surgery, while head or spinal injuries lead to permanent impairments. Victims of serious slip and fall injuries may miss several weeks or more of work and often have thousands of dollars in medical and rehabilitation bills.

If you suffered injuries in a slip and fall accident, and you believe the property owner should have prevented your fall, the attorneys at D. Miller & Associates, PLLC™ can evaluate your case and determine if you have a valid personal injury claim. If so, we can help you file an insurance claim and fight for the recovery you deserve based on the facts of your case.

The legal team from D. Miller & Associates, PLLC™ is waiting on your call. You can reach us at (713) 850-8600. Call to talk to a slip and fall lawyer in Houston today.

How Can Negligence Cause Slip and Fall Accidents?

Property owners have a responsibility to keep guests and other visitors safe. Upholding that responsibility means several things—maintaining safe premises, addressing potential danger when it arises, and warning people of risks.

Negligence can cause a fall in conjunction with almost any type of fall hazard. If there is an unreasonable hazard the property owner is aware of—or should be aware of—and they do not take action to repair it or warn guests, this is negligence. Some of the most common fall hazards include:

  • Torn or damaged flooring or carpets
  • Rolled or damaged rugs
  • Uneven floors without some type of warning
  • Steps without proper markings
  • Trip hazards, such as items in the walkway
  • Unsecured cords with no warnings nearby
  • Spills, including both liquids and foods
  • Tracked rain, ice, or snow
  • Missing or inadequate handrails
  • Poor lighting conditions

We often stress “should have” in slip and fall cases. A property owner cannot get away with leaving you injured just by claiming they didn’t did not know there was an issue. Ignorance is not an excuse. We can hold them accountable for either action or inaction that caused you pain.

Who Is Liable for My Injuries?

Under Texas premises liability laws, a number of people have a responsibility to maintain properties and prevent guests from suffering injuries. These parties include:

  • The property owner
  • The operator of the business on the property
  • A company that maintains the property
  • The resident who rents or leases a property

All property owners and occupiers must repair or remove any potential property hazards as quickly as possible to prevent falls and injuries. For example, if customers track rainwater into a local restaurant, the manager has a responsibility to notice this issue, take action to bring in rugs or mop up the water, and post “wet floor” signs as a warning to others coming in to eat.

If the manager ignores the wet floor, the business owner may be responsible for any injuries customers suffer due to a fall. This means the company’s business insurance provider will likely have to cover the victim’s treatment, lost wages, and other financial damages.

If you suffered injuries in a fall, we can usually hold the at-fault party liable with a third-party insurance claim. Filing this type of claim and negotiating a fair settlement with the insurance company is the most common way we get recovery for our clients. Only occasionally do we need to litigate these cases by filing a premises liability lawsuit.

What if Insurance Tries to Shift Blame or Denies My Claim?

Our slip and fall liability lawyers know the tricks of the trade used by insurance adjusters to avoid paying a claim:

  • Pointing to another party as the cause of your fall
  • Claiming you contributed to your injury
  • Underestimating what you deserve in a settlement
  • Pressuring you to settle early in the claims process
  • Dragging out the claims process to frustrate you
  • Denying the claim unfairly or without giving a reason

You may find yourself investigated by the insurance company to verify your injuries or your version of the accident. These tactics can be scary or frustrating, especially when you are already feeling vulnerable.

The team at D. Miller & Associates, PLLC™ can act as a buffer between you and the insurance company. We not only can take steps to protect you from intimidation but also stand up for you in settlement negotiations. In fact, we can take over the process of dealing with the claim, handling communication and paperwork.

If property owners can have someone representing them, you deserve your own champions who can speak for you. Our slip and fall attorneys can advocate for you during the claims process.

How Can I Prove the Property Owner Is Liable for My Slip and Fall Injuries?

Proving liability in a Houston slip and fall case requires us to provide evidence to document six elements. We must prove:

  • You were an invitee or licensee, meaning you were on the property legally and not trespassing
  • The property owner or occupier had the ability to make changes or repairs on the premises
  • There was a hazard that posed an unreasonable risk of harm
  • The property owner knew or should have known about this hazard
  • They failed to warn you about or protect you from this hazard
  • Their failure led to your fall and the resulting injuries

Compiling information to support these points is our job. We will keep you updated on our progress in demonstrating negligence but want you to remain focused on your healing; we can handle gathering proof.

What Forms of Evidence Are Needed in My Case?

The type of evidence we need varies from case to case. Some of the most common things we use to build a strong case for our clients include:

  • Medical records
  • Eyewitness statements
  • Accident reports from the property owner or occupier
  • Photographs of the scene
  • Video of the fall
  • Other documentation to prove the liable party knew about the hazard
  • Proof of the serious nature of your injuries

For example, if you suffered a traumatic brain injury (TBI) in your fall, we can include diagnostic test results and expert testimony from your doctor. Even your bills can help emphasize your injury’s severity, especially since inpatient stays for TBIs tend to be longer and more expensive than other injuries according to the Agency for Healthcare Research and Quality (AHRQ).

We may also combine various forms of evidence to create a timeline and reconstruct the fall, illustrating when the hazard was formed, when you fell, and how it injured you. In other words, our fall injury attorneys utilize many avenues of information to piece together what happened to you and why it entitles you to damages.

What Types of Damages Can a Slip and Fall Lawyer Recover in My Case?

Because every fall victim suffers drastically different injuries, there is no such thing as a typical slip and fall case. It is impossible for us to tell you how much your claim is worth before we conduct a full investigation of your case and negotiate a settlement with the insurer. Some of the most common types of damages we recover for our clients, however, include:

  • Ambulance transportation
  • Medical care, including hospitalization and surgical expenses
  • Rehabilitation and physical therapy costs
  • Lost wages
  • Mobility equipment and assistive devices
  • Ongoing care costs
  • Pain and suffering
  • Loss of quality of life

We also care about your mental health, knowing it can be a significant component in your overall health. Returning to our TBI example, you could suffer from issues like depression, attention-deficit hyperactivity disorder, anxiety, or insomnia. Treating these complications is part of treating your injury, and therefore should be included in your financial recovery. The Mayo Clinic even lists “coping and support” as part of TBI treatment.

While the value of most of these damages is easy to calculate based on your bills, receipts, or other documentation, some are much more complicated to value. We are up to the challenge, especially when it involves acknowledging your pain and righting the wrong done to you.

When it comes to pain and suffering and other non-economic losses, we can offer insight on how the insurance company may try to calculate these damages. We can also offer our own methods of calculation that utilize the value of your economic losses to determine your pain and suffering damages.

How Can D. Miller & Associates, PLLC™ Help Me?

The legal team from D. Miller & Associates, PLLC™ offers complimentary case evaluations to anyone who has suffered slip and fall injuries in Houston. Give us a call today to schedule an appointment with one of our slip and fall lawyers.