What your slip and fall injury case is worth in Texas depends on the nature of your accident, the extent of your damages, and the party liable for the injuries.
An exact estimate of the value of your case value is impossible to calculate without understanding the details of your case. The value of your case will be determined when you negotiate a settlement with the at-fault party or their insurance company. A slip and fall injury lawyer from our firm can handle settlement negotiations, among other actions.
Factors that Affect the Value of Your Slip and Fall Case
Several factors determine the value of your slip and fall case. Some of these are:
The Severity of Your Injuries
You may have sustained multiple different injuries, such as spinal injuries, head/brain trauma, or broken bones. The severity of your injuries will impact the value of your slip and fall case.
Emergency Care and Medical Expenses
You may have to pay for an ambulance, emergency medical care, hospitalization, rehabilitation, or ongoing visits to your doctor. You may also have to take pain medication or other prescriptions. These medical bills may be recovered as part of your settlement.
Loss of Income/Diminished Earning Capacity
You may be out of work for an extended period during your recovery, resulting in lost wages. If you are permanently disabled, it could affect your earning capacity or your pension. You may be able to recover lost wages as part of your slip and fall case.
Physical Pain or Emotional Suffering
You may experience pain and suffering, disfigurement, and/or long-term disability. If your loved one passed away after a slip and fall injury, you may also be suffering the loss of companionship or loss of income related to their wrongful death. Non-economic damages such as these losses may be considered when determining the value of your case.
You may be able to recover costs for a deceased loved one’s funeral and burial as well.
Factors that Determine a Slip and Fall Settlement
Three main factors contribute to the outcome of a slip and fall accident case. These three factors include:
The At-Fault Party Ultimately Found Liable for the Accident
The most important element of a premises liability case is establishing who is responsible for your accident and subsequent injuries. If the premises is covered under liability insurance, the insurance company may become involved and work to resolve your case.
How the At-Fault Party Contributed to the Accident
In most cases, the property owner neglected to maintain the property in a safe manner to prevent slip and fall accidents. The at-fault party’s carelessness or recklessness may have also contributed to the accident and your injuries.
Conditions such as poor lighting, limited visibility, lack of company policy, or lack of notification all contribute towards the determination of negligence in a slip and fall case.
Plaintiff Freedom from Fault or Contribution
While there may have been conditions present that caused your slip and fall accident, you must be cleared of any shared liability. If you contributed to the accident, your share of the liability may affect the value of your case.
A Slip and Fall Lawyer May be Able to Assist You with Your Case
A slip and fall attorney may be able to answer your questions and provide legal assistance to help you with your case.
An attorney can help you in the following ways:
Review your Case
Your first step is to obtain a free case evaluation with a team member. Together you will go over the details of your case, discuss your injuries, how the accident happened, and what legal options are available to you.
Conduct a Formal Investigation
An attorney will explore the facts of the case and gather evidence, including:
- Medical records and bills
- Police reports
- Expert witness statements
- Eyewitness testimony
- Photos or surveillance camera footage
- And more
We can also identify the liable party. It could be one of many parties, including a store owner or a municipality.
Solicit an Offer from the Insurance Company
A lawyer will engage the at-fault party and the insurance company to work out a settlement. An attorney will also handle all documentation and evidence requested by the insurance company.
File a Lawsuit
If the at-fault party or insurance company is unwilling to resolve your case, an attorney can file a lawsuit on your behalf and represent you during litigation. We will fight for the financial recovery you deserve.
The Importance of the Four Elements of Negligence
In order to have a valid case, we must prove that the four tenets of negligence are present in your case. They are as follows:
- Duty of care: The liable party had a responsibility to keep you and others safe on the premises.
- Breach of duty of care: The liable party was negligent in some way, allowing there to be a hazard on the premises and not taking action to remove the hazard.
- Causation: Because the hazard was not removed, it caused you to slip and fall and injure yourself.
- Damages: You now have damages, which may include medical expenses and pain and suffering. A financial award can remedy these damages.
Statutes of Limitations to Know in Texas
According to Texas law, one typically has two years to file a personal injury lawsuit. It may seem like there is no rush to take action after your accident. However, a slip and fall injury lawyer with our firm needs ample time to create a strong defense. We want to bring you justice and a fair financial award. It is best to get to work on your case immediately after your slip and fall.
Connect with a Slip and Fall Injury Lawyer in Texas
If you were injured in a slip and fall accident in Texas, you don’t have to face the legal process alone. D. Miller & Associates, PLLC can assist you with your claim or help you file a lawsuit to recover damages.
If you’ve been injured in a slip and fall accident, call us for a free case evaluation at (713) 850-8600.
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