Slip and fall accidents can result in serious injuries and expensive medical treatment that could last a lifetime. If you or someone you care for was injured in a slip and fall accident, inquiring with a qualified attorney could help you secure financial compensation to cover the expenses associated with the accident.
The Fort Worth slip and fall accident attorneys at Anderson & Cummings can discuss the details of your claim in an evaluation at no charge to you. We work on a contingency fee basis – meaning we do not get paid unless we recover funds for your claim. The attorneys at Anderson & Cummings have over 50 years of combined legal experience and our firm has secured over $100 million in compensation on behalf of our clients throughout the state of Texas.
How Do I Know if my Slip and Fall Claim Qualifies for Compensation?
To determine whether your claim could qualify for compensation, your attorney will need to prove that your slip and fall accident was the result of negligence. The following factors must be determined:
- The at-fault party legally owns the property where the slip and fall accident occurred
- The accident was caused by the property owner’s failure to properly maintain the premises
- The injured victim was legally allowed to be on the premises when the accident took place
Who is Legally Allowed to Be on the Property?
Legally speaking, there are three different types of visitors:
Invitees are given express or implied permission by the property owner to enter the premises for the benefit of both parties. For example, invitees could include employees or customers entering a place of business. Property owners are legally responsible to perform regular inspections to prevent potentially hazardous obstacles or situations. Property owners also need to warn invitees about dangerous conditions.
Licensees can enter the property for reasons not related to business, such as a social guest attending a house party. These guests must be invited by the property owner or tenant; however, warnings must be given about any known dangers.
Trespassers are not allowed to be on the property, therefore, the property owner is unlikely to be held liable if an accident occurs. However, property owners could be held liable if it is found that the harm done to the trespasser was intentional. In the case of a child trespasser, the property owner could be held liable if the child had easy access to the dangerous situation.
Your lawyer must also be able to prove that the harmful situation existed on the property and the accident would not have occurred if the property owner properly addressed the situation or repaired the issue. Some important factors your attorney may need to consider are:
- Was there a reason for the dangerous condition? For example, rainy weather could cause the entrance of the property to become slippery and could result in a slip and fall.
- Did the dangerous condition exist on the property long enough for the property owner to become aware of the issue?
- Was there a specific protocol in place to address the issue?
- Did the property owner try to resolve the issue?
- Was there adequate signage to provide a warning of the dangerous condition to potential visitors?
It is important to have a lawyer who has experience working with these types of cases. Our Fort Worth slip and fall lawyers have in-depth knowledge of state and federal laws as well as extensive experience researching past cases that may help your situation.
How is Compensation Valued in a Slip and Fall Claim?
It depends on several important factors your lawyer will need to go over with you. It is important to keep documentation of any expenditures or financial losses related to your accident, such as:
You could recover compensation for any past, present or future medical costs related to your slip and fall injury. This includes a wide variety of things like doctor visits, hospital stays, ambulatory care, medications, physical therapy, assistive medical equipment needed and more.
If you were forced to miss work because of your injury, you could recover compensation for the income you would have earned for that period. This includes time off to attend medical appointments. When a slip and fall injury victim sustains severe injuries, he or she may never be able to return to work in the same capacity as before the accident. If this is the case, you might be eligible for lost earning capacity compensation.
Pain and Suffering
As a victim of a slip and fall accident, you could qualify for compensation based on the amount of physical, mental and emotional pain you sustained. Anxiety, insomnia, depression, fear and other psychological effects could be considered for compensation.
Be sure to preserve evidence of your injury, including all medical bills, lost wages and take note of the amount of pain and suffering you endure each day.
How Soon Do I Need to File a Slip and Fall Claim?
To have a chance of recovering compensation for a slip and fall injury that was caused by the negligence of another party, your claim must be filed within a certain time frame, which is known as the statute of limitations. If your slip and fall accident occurred in Texas, you generally have two years from the date you discovered your injury to file a claim.
However, there could be certain situations where your claim may need to be filed earlier or later. For example, if the injured victim was under the age of 18 at the time of the accident, they may have more than two years to file (the two-year clock does not begin to run until the victim turns 18).
If you have any questions about the time limit for your slip and fall injury claim, contact a knowledgeable Fort Worth slip and fall accident attorney at Anderson & Cummings today. Remember, we do not collect any lawyer fees unless we win compensation for your claim.
How Can a Lawyer Help With my Slip and Fall Claim?
Injury victims who hire a lawyer often receive larger settlement awards compared to those who represent themselves. Our lawyers have a wealth of experience and knowledge of the laws in Texas. Some of the tasks our attorneys are prepared to help with include:
Investigating Your Accident
Damages in a slip and fall accident cannot be accurately assessed without a proper investigation by a professional. Our lawyers are trained to carefully investigate accident scenes for helpful evidence to prove your claim. We know which medical documentation is needed to prove the severity of your injuries. If you have a viable claim, we can also obtain police or accident reports, interview witnesses and hire industry experts to help us validate the cause for your slip and fall accident.
Negotiating Fair Compensation
It is important to be careful when speaking to insurers and anyone else involved with your slip and fall accident. Insurance companies and lawyers from the defendant’s side may try to get you to say something that could be held against you to devalue your claim.
Your lawyer can legally handle all communications involved with your case to protect the value of your claim. Our trusted lawyers know how to effectively communicate and negotiate fair compensation for injury victims.
Common Causes of Slip and Fall Accidents
While there could be several reasons for a slip and fall accident, some of the most common causes are:
- Damaged steps or stairways
- Loose handrails
- Broken or uneven floorboards
- Poor lighting
- Wet floors due to spilled liquids or mopping
- Dirty floors from debris or trash
- Dangerous walkways due to potholes, broken tiles or splintered flooring
These hazardous conditions are known to result in several types of injuries, such as:
- Strained and sprained ligaments
- Fractured or broken bones
- Hand and wrist injuries
- Shoulder dislocation
- Spinal damage
- Traumatic brain injuries
If your slip and fall accident resulted in one or more of the above injuries or something similar, it is important to take the necessary steps to receive a medical examination by a health care professional followed by seeking legal assistance. You could be eligible for compensation to aid with your recovery.
Our Fort Worth slip and fall accident attorneys are available to discuss your claim at no cost to you. We only receive payment if we win your case.
Seek Legal Assistance from a Fort Worth Slip and Fall Lawyer Today
Suffering from a slip and fall injury that could have been prevented is difficult enough. Holding negligent parties liable for your damages could be an added burden. Inquiring with a licensed lawyer could help ease the burden of the legal process so you can focus on a healthy recovery.
Our Fort Worth slip and fall accident lawyers are ready to discuss your claim in a no-cost evaluation. We charge zero fees up front and you do not have to pay us unless we recover compensation on your behalf. You will not be obligated to hire our firm, even after your no-cost, confidential evaluation, so there is no risk in speaking with us.
Our firm has a five star Google rating and we have several great reviews and testimonials, so you can see for yourself how good we treat our clients.
Our main office is in Fort Worth at 4200 W Vickery Blvd, which is only a couple miles away from the MedicalCity Healthcare facility. However, you can get the process started from the comfort and safety of your own home.