If someone else’s negligence caused you to slip and fall, that person is responsible for your injuries. You have two options for getting payment:
- File a claim with the property owner’s insurance; or
- File a personal injury lawsuit.
A slip and fall lawyer in Sugar Land can help you explore your legal options after a fall. For help getting compensation, contact D. Miller & Associates, PLLC. Whether you plan to file a lawsuit or an insurance settlement, you should contact one of our attorneys as soon as possible so we can get to work on your premises liability case.
Our attorneys can investigate your accident, determine the responsible party, and seek a financial settlement on your behalf. We work on a contingency fee basis, so you do not pay our fees until we win your case. Call 713-850-8600 today for a free consultation.
Who Is Responsible for My Slip and Fall Accident?
Just because you fell on someone else’s property does not automatically make it their fault. To hold the property owner responsible for the fall, we must prove that they knew about the hazard that caused your accident, such as a puddle—torn carpet, poor lighting, or an obstacle in a walking path—but failed to correct it or warn you of the danger. If the property owner claims they were not aware of the hazard, but we can show a reasonable person caring for the property would have found and fixed the problem, we can still hold them responsible.
How do we prove what someone should have known? Courts decide that by looking at what the owner did to keep the property safe. We can offer a compelling argument of the property owner’s responsibility by showing:
- The problem existed for a long enough period of time that they should have discovered it;
- The company keeps a regular maintenance or cleaning schedule that should have uncovered the hazard; or
- There was ample time for the property owner to put up a barrier or warning sign of possible danger.
If we can show the property owner did not keep the property safe, we may be able to prove your claim for compensation.
What Compensation Can I Recover After a Slip and Fall?
After a fall, you may recover compensation for all of your accident-related injuries and financial losses. The details of your case will determine your settlement’s value, but in general, you can seek compensation for:
- Medical bills;
- Lost wages;
- Damaged property;
- Long-term medical care costs;
- Reduced earning capacity; and
- Pain and suffering.
Certain permanent or severe injuries, such as brain injuries, will lead to a higher settlement value. Our attorneys can calculate a fair value for your claim before we file with the property owner’s insurer.
What If I Was Partly to Blame for My Slip and Fall Accident?
The insurance company or the property owner may try to prove that the accident is at least partly your fault. They may claim:
- You were in a restricted area;
- You ignored warning signs or cones;
- You were not paying attention to where you were walking;
- You wore unsafe shoes;
- You were under the influence of alcohol or drugs; or
- You were behaving recklessly.
If the insurer succeeds in proving part of the blame is yours, Texas law will only allow you to recover partial compensation for your losses. This legal concept is comparative negligence.
Under comparative negligence, your percentage of fault reduces the value of your claim. For example, if you are 10 percent to blame for your slip and fall, and the owner owes you $40,000, the court subtracts 10 percent of your damages from your award total. The owner will then pay you 90 percent of your claim’s value, or $36,000.
If you are to blame for 50 percent or more of your slip and fall, you cannot recover any compensation.
We can examine your case to determine if you share fault for your accident. If so, we will fight to get you maximum compensation possible under state laws.
How Can a Slip and Fall Attorney at D. Miller & Associates, PLLC Help?
During your free case evaluation, we will gather details about your accident, answer your questions, and discuss the legal options you have. If we take your case, you do not pay any legal fees until we get you a settlement or win in court.
To prove your right to compensation, we will gather proof of your injuries and damages. We will calculate a fair settlement amount by collecting your medical costs and repair or replacement costs for any property damage. If you missed work due to your injuries, we will calculate the total of your lost income. If your injuries are serious or permanent, we will get an estimate for future medical care, time off work, rehabilitation, or personal care you will need. If needed, we will find medical experts to explain how your injuries will impact your life in the future.
We will then file your claim and try to settle with the at-fault party’s insurance company. Usually, the insurance company responds with a low settlement offer. We will negotiate aggressively, fighting to get you the settlement amount you deserve. If we cannot get a fair offer, we will take your case to court.
Because you have only two years to take legal action after a fall, the sooner you contact us, the better. It takes time to build a case. We will need to interview any eyewitnesses, look at the place where you fell, and gather other evidence before time runs out.
Call 713-850-8600 to Talk to a Lawyer for Free.
After a slip and fall, it can be hard to know what to do after a slip and fall and where to turn. The attorneys at D. Miller & Associates, PLLC, understand how to navigate a claim like this. We can help you go after the compensation you need to recover.
Having our experienced lawyers fighting for you can save you stress. Call us today at 713-850-8600 and let us start working for you.
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