The Basics of Slip & Fall Accidents in Texas
Posted in Slip and Fall on August 16, 2019
We often think of slip and falls as minor accidents. Sometimes we may even find them to be somewhat amusing when it’s happening to someone else.
The reality, however, is that a slip and fall accident is no laughing matter. In the United States, over 1 million people suffer from a slip and fall accident that requires emergency medical care. In fact out of the 8 million yearly emergency room visits, about 12 percent of them are due to slip and fall injuries.
If you have recently suffered from a slip and fall injury, call the McAllen slip and fall injury lawyers of the De La Garza Law Firm at (956) 533-1426 for dependable service and advice on how to proceed with your claim.
Texas Slip and Fall Laws
Once you decide to proceed with legal action, it is important to understand how some legal doctrines can affect your case. In a slip and fall case you can expect a Statute of Limitations and Comparative Negligence (Shared Fault) to be major determiners of how to proceed with your claim.
A statute of limitations is a rule that dictates the time you have to file a personal injury case, before the courts reject your lawsuit. The statute of limitations in Texas is a 2-year period beginning on the day your personal injury occurred.
Another factor that can affect your case is Comparative Negligence, also known as shared fault. It is important to keep in mind that if you file a slip and fall claim or lawsuit that the defendant will likely argue that you are somewhat to blame in the accident.
This is essentially shared fault, and it is used to reduce the damages the plaintiff can get back. Shared fault takes into account that not only is the defendant at fault, but the plaintiff’s own negligence also contributed to the injury.
Common Injuries Suffered in Slip and Fall Accidents
An injury from a slip and fall can be minor like that of a bruise of a small laceration, but they can also cause significant injuries that can last for the rest of your life.
Some of the serious injuries that can result from a slip and fall accident include:
- Soft Tissue Injuries
- Head Trauma
- Spinal Cord Injuries
- Broken Bones
- Dislocated Joints
- Traumatic Brain Injury (TBI)
- Nerve Damage
- Deep Lacerations
The medical costs to the injuries suffered can accumulate to substantial amounts and the financial implications can compromise your future. At De La Garza Law Firm, we can secure the necessary compensation you need for your troubles.
Damages Collected in a Slip and Fall Accident
The following are damages that are coverable through maximum monetary compensation:
- Medical Bills
One of the main damages collected are medical bills since they are often the biggest factor in calculating your personal injury damages. A legitimate slip and fall claim is often worth at least the value of these bills.
- Lost Wages
If your injuries were severe enough to prevent you from working, you are likely entitled to recover the income you would have earned during that time period from the liable party or their insurance. Your employer will need to verify the amount of time you were absent and your original pay rate or salary.
- Loss of Earning Capacity
If the severity of your injuries prevent you from performing the work you did prior to your injury, or if you cannot earn the same amount you did as before the injury, you could also collect damages as a “loss of earning capacity.”
The employer or property owner may compensate you if you establish that your earning potential has been decreased because of the injuries suffered. A couple of ways they may do this is by paying for your training or education in a new field or by paying you the amount of your reduced income potential due to the injury.
- Incidental Expenses
Often someone may sustain added expenses due to their injury. If a person spent double the amount of gas they usually would to go to their physical therapy appointments or needed to purchase special equipment like a walking cane, crutches, or special shoes, the associated costs may be covered.
Of course, there would have to be proof of necessity or a valid connection for the incidental expenses to be collected as damages.
If you’ve recently suffered a slip and fall injury and you want to get the compensation you deserve, don’t hesitate to call De La Garza Law Firm at (956) 533-1426 today.