You slipped and fell on someone’s property in Melissa, TX, and now you’re wondering if the property owner’s negligence is what contributed to your accident and if you should be compensated for your injuries.
If you’re able to determine what factors led to your accident or you aren’t really sure, you can have your slip and fall accident lawyer serving Melissa assess your case. When someone falls on another person’s property, whether it be public or private, and a dangerous or defective condition caused the fall, they may be entitled to recover damages to make up for how the incident has impacted their personal and professional life.
In This Article
- Property Owners in Texas Owe You a Duty of Care
- Why it’s Important to Retain a Lawyer After an Accident
- If the Property Owner’s Insurance Company Doesn’t Pay Your Claim
- Your Timeline to File a Personal Injury Lawsuit After a Slip and Fall Accident
- We are Here to Help You Understand Your Rights After a Slip and Fall Accident
Property Owners in Texas Owe You a Duty of Care
Both private and public property owners are required to maintain their premises so that they are reasonably safe to enter. This means there shouldn’t be any defects in the flooring or obstructions in the walkway that could potentially cause someone to slip and fall. If an unsafe condition does exist, then the property owner is expected to warn potential visitors of these conditions to avoid an accident.
Unfortunately, some property owners fail to regularly inspect their premises, leaving them unaware of a dangerous condition. In other cases, a property owner may be aware the carpet in their business is lifted or the flooring isn’t stable but neglects to fix it to avoid having to pay for the repairs.
When any hazard leads to a slip and fall accident, there is a good chance the property owner can be held financially liable if the condition caused someone to suffer injuries. Therefore, if you fell because of an unsafe condition, you might be entitled to financial relief from the property owner—regardless of what they may have told you. The fact is, many property owners try and avoid being held liable for slip and fall accidents, especially those that result in serious injuries.
Why it’s Important to Retain a Lawyer After an Accident
Right after engaging in a slip and fall accident, victims are always encouraged to retain an attorney. When you suffer injuries on someone else’s property, you need to become aware of your legal rights, as well as what should and shouldn’t be said to the other party or their insurance company if they attempt to contact you. The statements you provide following a slip and fall accident could impact your ability to recover compensation, given you are entitled to it.
In addition to this, your lawyer can also help with the following:
Determining If You Have a Valid Case
Before assuming you have the grounds to sue or recover compensation from the property owner’s insurance carrier, you need to be sure you are entitled to damages (i.e., financial relief).
Once we have established that you have a viable case, our legal team will begin working to gather evidence to help support your need for compensation. This is often done by gathering medical records, surveillance videos, witness statements, and more.
After we know how much it is you are entitled to receive, we can then pursue the property owner’s insurer for compensation. Because most property owners are required to carry liability coverage, you may be eligible to receive a payout from the insurer.
If the Property Owner’s Insurance Company Doesn’t Pay Your Claim
Because this is a potential outcome, our legal team always prepares for “what if” scenarios. In the event the insurance company doesn’t want to cover your slip and fall accident claim, we can always challenge the carrier’s decision. If coverage becomes exhausted and you aren’t able to recover what you are entitled to from the insurer, we can then discuss filing a personal injury lawsuit.
If we decide filing a personal injury claim is the best course of action for you to take, we will help draft the paperwork and get it served to the property owner. In addition, we will walk you through the entire process and help establish liability. This means we will gather the evidence needed to show that the property owner’s negligence contributed to the accident and caused you to suffer injuries.
Your Timeline to File a Personal Injury Lawsuit After a Slip and Fall Accident
It is important for you to understand that there is a timeline to file a personal injury lawsuit in the event you decide to do so. According to the Texas Civil Practice and Remedies Code §16.003, you generally have two years from the date of your accident or when you discovered your injury to file your lawsuit. After the deadline has passed, you may no longer be entitled to damages given you had a valid case.
Your Role in the Accident Could Affect the Outcome of Your Case
While some property owners are 100% liable for the slip and fall accidents that occur on their premises, others may only be partially liable. If it is determined that you shared some of the blame, you may be limited to how much you can recover—or barred from recovering anything at all. For instance, maybe you weren’t paying attention to your surroundings and tripped over an obvious hazard.
According to the Texas Civil Practice and Remedies Code §33.001, if you are 51% or more at fault for an accident that results in injuries, you are not entitled to pursue another party for compensation. However, if your percentage of fault is 50% or less, you can file suit for damages. Your actions might not bar you from filing suit or interfere with your ability to recover compensation.
We are Here to Help You Understand Your Rights After a Slip and Fall Accident
Our firm has secured millions of dollars in settlements for injury victims and would be happy to help you exercise your right to compensation. A slip and fall accident lawyer with our firm is standing by to fight for you.