Slip and Fall Accident Lawyers in El Paso, Texas
A slip and fall accident, often referred to as a premises liability claim, is defined as a situation where someone slips, trips or falls down as a result of hazardous or dangerous conditions on someone’s property. Hazardous or dangerous conditions that result in injury may include water on the floor, a spilled product on the supermarket floor, snow or ice, poor lighting, broken or defective furnishings, and uneven flooring or surfaces.
Slip and fall accident claims are brought under tort law based on the idea that the property owner was negligent by allowing the dangerous conditions to exist on their property and that these conditions were the proximate cause of the personal injury.
Property owners in El Paso are responsible for removing potential hazards or dangers that may cause injuries to others. This also applies to their employees working on the property. If the property owner or their employees are aware of the hazard or danger that exists, the property owner can be held legally responsible for any injuries that result from the conditions. To find out if you may have a premises liability or slip and fall claim, contact a slip and fall lawyer at Zinda Law Group of El Paso today at 800-863-5312 to get a free consultation.
What Are My Rights After a Slip and Fall Accident?
If you or a loved one has been injured in a slip and fall accident, you should be aware of the fact that you have options. One such option would be to seek compensation for your injuries. If you believe that you can show that a property owner or otherwise responsible party caused your fall, you may be able to seek compensation for medical bills, lost wages, pain and suffering, and other areas of damages.
Read More: El Paso Workplace Injuries
If you decide that you want to seek compensation through a lawsuit for the damages incurred, you may want to consider consulting an experienced slip and fall attorney. An experienced slip and fall attorney can further explain the rights that you have and what options are available to you. Speaking to an El Paso slip and fall attorney may be in your best interest if you choose to seek compensation in court.
Common Slip and Fall Accidents
Slip and fall accidents can range in severity from simple bruises all the way to brain injury. Because of the potential severity of slip and fall injuries, it is important to be aware of some of the causes of such accidents. Below are just a few of the most common causes of slip and fall accidents.
- Weather conditions
- Loose floor mats
- Loose floorboards
- Poorly constructed stairs
- Torn carpeting
- Potholes in parking lots
- Uneven surfaces
- Recently mopped or waxed floors
- Spilled liquids
What to Do After a Slip and Fall Accident
If you have been involved in a slip and fall accident in El Paso, there are some important steps you may want to consider taking. By taking such steps you may increase your likelihood of success when it comes time to decide whether or not you want to file a claim. Below are just a few steps you may want to consider taking after a slip and fall accident.
Seek Medical Attention
By far the most important step after suffering a slip and fall injury is to seek medical attention immediately. Victims of slip and fall accidents may not be able to properly diagnose themselves and therefore visiting an experienced medical professional is your best choice. It is possible that some injuries that seem minor at the time may rise into serious or even life-threatening injuries. For this reason, your first step after a slip and fall accident is to seek medical attention immediately.
Once all parties have received necessary medical attention it is then important to gather evidence from the scene of the accident. Evidence should include pictures of where the accident took place and the possible cause of the accident. Because photos may prove to be the deciding factors in such claims, it is important to take as many photos as possible. If you are unable to take photos because of a significant injury consider requesting the assistance of a loved one or reaching out to an attorney.
Keep a Detailed Record
It is also extremely important to keep a detailed record of the accident and the steps you take after. You should make sure to take detailed notes of how the accident occurred from your point of view. You should also reach out to any witnesses of the accident and try and get a description of the events from their point of view. If you do in fact reach out to any witnesses, be sure to acquire their contact information for future reference.
You should also be sure to keep a detailed record of any expenses incurred as a result of the accident. This should include any visits to the doctor, any rehabilitation, or, in extreme circumstances, any surgical procedures. This information can prove extremely important if you choose to seek compensation for your injuries.
Consult an Attorney
By far one of the smartest choices you can make if you are the injured in a slip and fall accident is to consult an experienced slip and fall injury attorney. An experienced slip and fall injury attorney can walk you through how to seek compensation step by step. They can make the process simpler to understand and make sure any questions you have are answered. When it comes to such an important matter as seeking compensation after an injury, consulting an attorney is often in your best interest.
Slip and fall accidents are in fact much more common than people may think. When some people think of slip and fall accidents, they may expect that the only injuries are common bruises or cuts and scrapes. However, slip and fall injuries can range in severity and can be much more serious than people are aware. Common slip and fall injuries include:
- Head injuries
- Back and spinal injuries
- Shoulder injuries
- Knee injuries
- Sprains and fractures
Slip and Fall Accident Compensation
Victims of slip and falls can suffer serious, life-altering injuries – even wrongful death. Compensation for injuries sustained in slip and fall accidents are similar to personal injury claims and may include medical bills, lost wages, rehabilitation, pain and suffering, potential future medical expenses, potential future wage loss, and wrongful death to name a few.
You can sue a property owner for these damages if you can prove all of the following elements:
- A condition existed that posed an unreasonable risk of harm;
- The property owner knew, or should have known, that this condition posed a risk of harm;
- The property owner should have anticipated that someone on their property could not have known about the risk of harm or would be unable to protect themselves from the risk;
- The property owner was negligent by failing to correct or repair the condition;
- You were injured due to the property owner’s negligence; and
- The condition or hazard was a direct cause of your injury.
A property owner has only two defenses in a premises liability claim. They are:
- The property owner was not negligent
- The injured party was the negligent party
Top 7 Mistakes made after a Slip and Fall Accident
Not reporting the accident: An important piece of every personal injury claim is proper documentation. It is important to report your slip and fall accident so there is a record of the event. Make sure to get a copy of the accident report from the business or store manager.
Not speaking with witnesses: If someone witnessed your fall, it’s important to get their contact information in case you need a witness statement for your claim.
Failing to collect evidence: take multiple pictures of the hazard that caused your fall.
Apologizing: “I’m sorry” falls out of many people’s mouths almost reflexively. Do your best to avoid apologizing until fault can be established.
Giving the insurance company a recorded statement: You are not required to provide the insurer with a recorded statement and as you’ve heard in the movies time and time again, what you say can be used against you in a court of law.
Skipping doctor’s appointments or doctor recommended physical therapy: Skipping doctor’s appointments is a sign to the insurance company and the courts that you aren’t as injured as you claim to be. Make sure to attend all recommended appointments and checkups.
Signing documents or accepting a settlement without consulting an attorney: Insurance companies often try to pressure slip and fall victims into settling quickly. Consulting with an experienced slip and fall injury attorney will help ensure you get the settlement you are entitled to.
Making a Claim
If you decide you want to move forward in making a claim to seek compensation for your injuries, it is important to be aware of some important steps you should consider taking. The steps you take after suffering a slip and fall injury can prove to be extremely important. Below are a few steps you may want to consider taking if you have recently suffered a slip and fall accident.
Report the Accident
If you are injured in a slip and fall accident and want to make a claim, your first step should be to report the accident to the responsible party or property owner. When it comes to reporting the accident the sooner you report, the better. A delay in reporting may seriously harm your chances of receiving the compensation you are seeking.
Fill Out the Necessary Forms
Once you have reported the accident, the responsible party or property owner is likely to have you fill out and sign accident reports. Be sure that these forms are filled out completely and accurately. If you are confused about how to fill out the forms or are unable due to the severity of your injuries, consider contacting an attorney.
Consult an Attorney
Making a claim can be a complex and confusing process. However, consulting an experienced slip and fall injury attorney can make the process more manageable. If at any point in the process you feel overwhelmed by the complexity of the case, consider consulting an attorney.
Legal Time Limits
When deciding whether or not you want to file a lawsuit after a slip and fall accident, it is important to be aware of the legal time limits for the case. Every state has a legal time limit in which certain cases may be brought, and Texas is no different. These legal time limits are governed by the state’s “statute of limitations.”
In Texas, the statute of limitations for slip and fall accidents is two years from the date of the injury. This is an incredibly important piece of information to remember, as filing outside of this time limit may prevent your claim from being heard. If you are confused about how this two-year limit may apply to the facts of your case, consider consulting an experienced slip and fall attorney in El Paso as soon as possible.
Our Premises Liability Attorneys Are Here To Help
Our slip and fall accident lawyers in El Paso can help you understand the law. There are many factors to consider, such as previous complaints about an existing hazard, determining negligence of a business or property owner, and determining negligence, if any, of the individual injured.
These are only a few of the factors that our personal injury firm will analyze when investigating your case. Contact Zinda Law Group of El Paso today or call 800-863-5312 for a free consultation regarding your slip and fall or premises liability case. As one of our clients, you will pay nothing unless we win your case.