San Antonio Slip and Fall Lawyer

Getting Compensation: A Guide to Slip and Fall Claims

In Texas, slip and fall accidents can happen just about anywhere, be it at a business or in the backyard of your neighbor by their pool. Poolside slip and fall accidents are quite common.

Slip and fall accidents that result from dangerous conditions fall under the subsection of premise liability. These can happen on commercial properties such as commercial parking lots, inside retail stores where there might be an obstacle in the pathway, a slippery floor, or a missing handrail. They can also happen in residential properties, specifically around pools. In some cases, the slip and fall accidents in San Antonio happen on the job in which case they fall under work-related injuries, of which there are 3 million on an annual basis.

The Four Tier Texas System to Negligence

In the state of Texas, there is a four-tier system for proving negligence to get compensation for slip-and-fall claims. If the accident in question took place on a commercial property, you have to not only prove that there was a slip and fall, but specifically that the circumstances leading to the slip and fall were negligent, known by the company, and ignored.

Slip and fall cases are part of premises liability cases, most of which involve liquid or other products on the floor.

Just because there was liquid on the floor of a business and you slipped and fell does not mean you can get compensation.

You need to know how the liquid got on the floor. After that, you have to determine who is at fault, meaning, who you are going after legally speaking. In most situations, this would be the business in question. You would have to prove that the company put the liquid on the floor and knew about it. In most situations, this is far from plausible.

In some cases, there might be equipment such as an ice machine that is leaking, the business or employees knew that the machines were leaking and were aware of the liquid on the floor, and did nothing to clean it up. This is an entirely different situation that adheres to the four-tier system in the state of Texas.

Substantiating such a claim would require witnesses to provide testimony, pictures of the leaking equipment and liquid on the floor, documentation of the injury in question perhaps from a visit to Valley Regional Medical Center or Valley Baptist Medical Center, etc.

How Much Can I Win for a Slip and Fall Accident?

Many factors impact the potential settlement for a slip and fall injury claim. It can be challenging to predict how much money you might spend in medical care, how much work you will miss as a result of your injury, or what the impact will be long-term. Every case is different, and there are varying physical, emotional, and financial effects of each.

Compensatory

Compensatory damages are those that you receive directly for the financial losses you experienced. These include lost wages, medical treatment for your injuries, any cost of future medical treatments as requested by your doctor, and compensation for pain and suffering. If applicable, you can also include things like future caretaking expenses or disfigurement.

Damages are awarded on how severe the injuries are and how they impact your daily life. Damages can be awarded after a settlement has been negotiated between all involved parties, including their insurance agents and attorneys. A judge or jury can also order it pending trial. A San Antonio Slip and Fall Lawyer is the only person who can realistically evaluate your situation to determine which type of settlement might be fair given the circumstances.

Punitive

Punitive damages are those awarded to you as a means of punishing the responsible party for their negligence. The amount you can win is contingent upon what percentage at fault the other party was found.

The median award for such cases ranges between $3,000 and $75,000.

When is the Deadline to File a Claim?

If you believe you have a case, the deadline in Texas to file a claim for a slip and fall accident is two years. This deadline may seem somewhat lengthy, but if you are dealing with the aftermath of an accident, especially recovery from an injury, deadlines can fly by without you even noticing. To that end paperwork submissions, deadlines, and the gathering of evidence are best left to professionals. That is why you must speak with a San Antonio slip and fall lawyer immediately who can give you the information you need to file before time runs out.