Protecting You During Trying Times

How Are Settlements Determined in Slip and Fall Cases?

On Behalf of | Apr 1, 2019 | Slip-and-Fall Lawsuit

You may have heard about people across the country receiving multimillion-dollar settlements in slip and fall cases. Do you wonder whether an accident you may have had on someone else’s property may entitle you to similar rewards?

If you have incurred injury because you slipped and fell on the premises of someone’s business, you may indeed have a cause of action against that business owner; however, Texas has very specific requirements for injured parties seeking to recover damages in a slip and fall case.

It is critical to consult with an experienced slip and fall attorney in Texas to see whether you meet the criteria for a settlement in this state.

Here are 5 things to consider regarding slip and fall cases in the state of Texas.

1. Were You More Than 50% Responsible for Your Injury?

The most important element to slip and fall cases is contributory negligence. Were you more than half responsible for getting hurt?

If you were drunk, not looking where you were going, or acting in an irresponsible matter, that may affect your chances of settling.

In Texas, if the facts establish that you are 50 percent or more at fault for causing your own injury, you cannot recover any compensation.

2. Did the Business Owner Fail to Live Up to His Duty to Take Care of His Property?

Did the business owner fail to keep entryways to his store clear? Did she fail to make sure that aisles in her grocery store were always dry after being mopped? Did the big box store fail to make sure staff swept up debris from the parking lot?

A business owner has an obligation to maintain his or her property in a way that will not cause harm to customers. If you should have reasonably expected to have been able to walk through the premises unhurt but actions by the business owner or staff prevented that, you may have a claim against them if you fell and got hurt.

3. Did You Suffer Verifiable Damages?

Do you have records of medical costs arising from your injury caused by the slip and fall? Were you unable to return to work? Do you require help now with the basic activities of life?

An experienced slip and fall attorney will help you show how to quantify the damage your body received from your fall. In order to arrive at a settlement, you will need to estimate the costs to you.

4. When Did the Accident Happen?

Slip and fall cases must fall within a defined time limit of the date of the occurrence. Confer with your lawyer to make sure you file your suit in time. You don’t want to get shut out because the statute of limitations has passed.

If you fell on government property, you need to file within a shorter amount of time than if you fell on private property.

5. How Much Will You Need to Get Back on Your Feet?

A settlement is intended to make an injured person whole after an accident. In other words, they should be restored to how they were before they fell.

If you lost wages or a job, you deserve compensation so you will be financially at least at the same level you would have been had you not fallen. If you suffered pain and suffering or ill effects in your marriage, you deserve compensation for that too.

An experienced personal injury attorney will help you determine how much you can demand to be made whole. They will also advise on what is reasonable to accept when the business in question—or their insurance company—makes a settlement offer.

Slip and Fall Cases: Get Compensated for Your Injury

Slip and fall cases have very specific requirements in Texas, especially regarding the plaintiff’s role in the accident. You should speak with a lawyer to see if you may have a chance at recovering some compensation for your loss, so you can get back to enjoying your normal everyday activities.

If you have questions about a recent slip and fall, contact us for more information.