When you go onto another person’s property, you should never have to worry about whether or not you will get hurt. Unfortunately, there are times when the careless or negligent actions of property owners cause injuries. At the Villarreal & Begum, LAW GUNS, our San Antonio slip and fall accident attorneys are ready to help if you have been injured and need compensation. Contact us today for your free consultation.
A slip and fall incident that causes injuries is going to require assistance from a skilled attorney who understands all aspects of personal injury law. At the Villarreal & Begum, LAW GUNS, our qualified and experienced team will get you through this.
Slip and fall laws vary from state to state. In Texas, a slip and fall case falls under premises liability. In order to win your case, you have to show the guilty party was negligent and that this negligence caused you harm. If you were harmed, you should be compensated for the damages you suffered as a result of the negligent parties’ behavior.
It is not uncommon for property owners and their insurance carriers to try to blame the injured victim for the slip and fall incident. Your San Antonio slip and fall accident attorney will work diligently to obtain all evidence related to what happened, including video footage, eyewitness accounts, incident reports, and more.
After establishing the property owner’s liability or negligence, your attorney will use your medical records and total losses to negotiate a settlement that is fair. If the defendant refuses to offer a fair settlement, your attorney will be ready to take your case to trial.
Slip and fall incidents are often the result of negligent store owners or employees. It is vital that property owners take steps to prevent slip and fall incidents. They can do this by properly training their employees and ensuring all areas of their property are regularly inspected and maintained.
Slip and fall accidents are commonly caused by:
Injuries from these incidents are often severe and can leave victims with major medical expenses as well as other hidden costs. According to the National Floor Safety Institute, approximately one million people seek treatment in hospitals or emergency departments each year due to slip and fall injuries.
If you or someone you care about has been injured in a slip and fall incident on another person’s property, you should seek legal assistance immediately. At the Villarreal & Begum, LAW GUNS, we know that you may be entitled to various types of compensation. This can include:
Unfortunately, sometimes people slip and fall. What is even more unfortunate is that these accidents could have been prevented, but wasn’t due to someone’s negligence. No one plans for a slip in fall accident to happen. However, when it does you need to know what to do. At the moment, you could be scared or confused. Obviously, this is not the ideal state of mind to be in. The next decision you make could affect your ability to recover damages.
Not only is it important to make sure you are okay, but its the first step in building up your case. Plus, it is important to remember that not all injuries are apparent as soon as you get them. It may take some time for you to notice anything is wrong. A medical professional can help you discover any injuries before its too late. If you don’t seek medical attention, the party at fault will use this against you. The defense could use a number of tactics to dismiss your injury. They could claim that you got it somewhere else. This is why it is so important to see your doctor as soon as possible. Getting a full account of your injuries is important for your case and for your health.
Did someone forget to put out a wet floor sign? Did the store allow far too many people to enter? Were there products not easily seen on the floor? We recommend that you look around as soon as the fall occurs so you can figure out what the cause was. Trying to figure it out later can be difficult, especially if the store cleans up the mess right after.
Having a visual aid will not only give the jury proof of the guilty parties negligence, but it will help your attorney build your case further. Remember to take as many pictures as possible of the area. Your attorney can figure out what isn’t relevant later. What is important is gathering enough proof that your description of the event is accurate.
If your accident happened at a store or some other business, other clients or customers are your best witnesses. They will help strengthen your case further. Get anything you can. Name, phone number, email, and address of anyone who can attest to the fact that your depiction of the event is accurate. Having a witness will make it harder for the defense to discredit your version of what happened.
This is for their records and you shouldn’t be afraid to fill this out. Just remember to write down all the important details. You don’t have to embellish anything. Just fill out the important facts. If you refuse to fill out this report, the defense could say that you didn’t take your accident that seriously. Getting as much documentation of what happened is always a good idea. You should also write down what happened for your own records. You want to make sure you don’t forget any important details either.
Your lawyer can help you navigate the traps the insurance companies or the other party might set up in order to discredit you. They will try to take whatever you say out of context. This is because they are trying to pay out as little as possible for your claim. Your attorney can help you get the compensation you deserve.
If you have been injured in San Antonio in one of these situations, how will you go about taking it to trial? Or will you be able to get a settlement and avoid trial altogether?
This is the first and best way you can ensure a win for your case. You should note where the incident happened, what exactly happened, and proof of why the owner of the property is at fault. If it was on commercial property, you basically need to be able to prove that either an employee or the owner is at fault because they knew about an unsafe condition and did nothing to fix it.
On private San Antonio property, you will need to prove that the owner could have repaired the unsafe condition, and the cost would have been reasonable in cost. In other words, it was exclusively their fault for not fixing the situation.
You should immediately take note of the circumstances before, during, and after the incident. Include things like warning signs, whether the unsafe condition was visible beforehand, and if there were unfavorable weather conditions at the time. You should even write down (and keep on hand) the clothes and shoes that you were wearing at the time. This is to avoid the company or property owner from blaming the fall on you.
You should also take note of what the owner’s response was at the point of the incident. Did they apologize (therefore admitting responsibility), or offer to pay you for any medical expenses? These things could be used to show that the owner is at fault, and will hopefully help you avoid a trial altogether.
If you aren’t too badly injured after your fall, you should immediately look around for any witnesses who may have seen it happen. Try to see if they are willing to make a statement or be available for contact. Their testimony could completely make your case since they have no direct investment in how the case turns out, making their word even more convincing.
You should also take pictures of the spot where you fell, from as many different angles as possible. You want to keep the setting as similar to when it actually happened as possible: if the injury happened during the day, take the pictures during the day. You can also have a friend or family member do this for you. It’s important to get these pictures as soon as you can after an incident, since the owner will likely fix the problem as soon as they can.
Take photos of your injuries as well, right away after you fall. If you have bruises, take several pictures every day for the following week. If you then show these pictures to the property owner, he or she might be more willing to settle instead of going to trial.
Even if you don’t have visible injuries or your injuries are minor, it is still a good idea to visit the doctor. Tell the doctor what happened; he or she will be aware of which signs to look for in these cases. This will clearly connect the injury with a cause.
You are definitely going to want to find a personal injury lawyer for this type of case. Our San Antonio personal injury lawyers know Texas laws and will be able to make a better case for you. Contact us to discuss the different possible outcomes. Together, we can create a plan with your best interests in mind.
Every slip and fall case is unique. There is no standard compensation amount given to victims of slips and falls. Instead, the amount of money you receive is determined by a variety of factors, such as the severity of your injuries, the extent of your liability, your age, etc.
Unless your slip and fall took place on government property, there is generally no cap on the regular damages you may receive, such as lost wages, medical bills, and emotional distress. If the property owner was especially reckless or negligent and you sue for punitive damages, the amount you receive cannot exceed $200,000 or twice your economic damages PLUS the amount of noneconomic damages up to $750,000, whichever is greater.
In Texas, the statute of limitations for most personal injury claims, including slips and falls, is two years from the date of the accident or the date you should reasonably have discovered your injury. In other words, you must generally file a premises liability lawsuit within two years of the date of your slip and fall accident to receive compensation for your injuries. If you do not file a lawsuit within this two-year time period, then you may not be able to file a lawsuit in the future.
There are some exceptions:
To find out how the statute of limitations applies to your personal injury case, contact an experienced San Antonio personal injury lawyer at our firm.
Under the Texas Tort Claims Act, you must file your claim with the appropriate government body within six months of the date you were injured. In the notice, you must describe the injury or damage, supply the time and place of the incident, and explain what happened. It is important to note that some local and municipal governments have a shorter time period for filing a notice. Your San Antonio slip and fall accident attorney at our firm will be sure to meet all appropriate deadlines.
The government can be held liable for its negligence and the negligence of its employees. However, damages against government organizations are capped. Generally, you cannot recover more than $250,000 per person involved, $500,000 for a single event, or $100,000 for property damage. The cap applies to both economic and non-economic damages.
The last thing you want to happen when going out for a nice meal or spending time with friends walking around town is for someone to slip and fall. There’s a certain stigma that comes along with slip and fall accidents, because people who sue for falling down are often seen as taking advantage of the legal system. This is rarely the case, and these injuries are often quite expensive and painful. If you get in a slip and fall accident, it’s important to contact a personal injury lawyer as soon as possible.
What if there was a way to avoid these slip and fall accidents in the first place? Would you rather go to the hospital and pay for medical bills or simply avoid the whole process?
Slip and fall accidents can get you some legal compensation if someone else is negligent, but why go through these problems, when you can simply take some precautions to stay safe?
Let’s learn how you can prevent slip and fall accidents in the future in order to protect yourself and even other people who might slip and fall while on your property.
When walking across the street, it’s important to analyze every area in which you step. If you’re walking into a construction zone, you can assume that there are some pieces of machinery or debris lying on the ground that might cause you to slip and fall. Take a look at where you plan on stepping and ask yourself if there’s a better route to take. When you’re walking through a restaurant, look on the ground to see if there’s any grease or food scattered about.
Common sense comes in a play when trying to avoid slip and fall accidents. You can reasonably assume that restaurants might have some fluids on the ground that can cause you to slip and fall. What do people do when they go to movie theaters? They eat popcorn that gets scattered on the ground. Watch your step when walking in the dark theaters, and make sure you have a railing or chair to hold onto. Knowing about your surroundings and using your common sense is one of the easiest ways to prevent slip and fall accidents. Avoid going to the hospital and prevent paying large sums of money to repair your injuries by using your common sense.
If you notice a spill on the ground, make sure you warn other people in your party. It’s also nice to tell the manager of the establishment, to protect other people and prevent the company from getting into a lawsuit. The more people that are aware of a slippery floor, the easier it is to avoid these situations.
If you were injured in a slip and fall accident due to the negligence of another party, you need help. Dealing with recovery is hard enough; let the legal issues be handled by a serious personal injury attorney. Villarreal and Begum have years of experience defending victims of slip and fall accidents. If you have been injured, contact The Texas Law Guns. When you need a San Antonio slip and fall accident attorney, you can contact us for a free consultation, call or message us anytime to set up your free consultation.