According to health officials in San Antonio, there was a major spike in slip and fall accidents caused by the recent winter weather.
Icy conditions can make even the simplest task a trial, and the slips and trips that result from these conditions can cause serious pain and injury.
If you’ve been injured due to a property owner’s failure to keep their property safe and clear, you may be owed compensation for your slip and fall accident. Read on to learn more about the damages that may be available, and contact a Houston personal injury attorney to find out your options for financial relief.
Slip and Fall Laws in Texas
In order to protect consumers and hold business owners accountable for the safety of their customers, states in the U.S. enforce premises liability laws. These laws give victims a method for seeking compensation for their injuries, including those sustained in slip-and-fall accidents.
To qualify for this compensation, you will need to prove that your accident was the result of the property owner or manager’s actions or negligence. If you decide to sue for compensation, you also must file your personal injury suit within two years of your initial injury.
In terms of proving liability, you will be expected to prove that the defendant knew or should have known about the situation that led to your fall and failed to address or prevent that danger.
Damages Awarded to Slip and Fall Victims
Like most types of personal injury suits, successful slip and fall claims are meant to provide compensation for all expenses or losses associated with the injury in question.
Given the wide range in severity of slip and fall injuries, the damages awarded for these incidents may vary. Common damages include:
- Medical bills
- Lost wages
- Property damage
- Funeral expenses
- Pain and suffering
- Reduced quality of life
While most slip-and-falls result in minor or non-threatening injuries, even minor falls can be incredibly painful.
In fact, studies have shown that these falls can be as painful as a car accident. Unfortunately, they also have the potential to be deadly or life-altering. According to the Centers for Disease Control and Prevention (CDC), slip and falls are the leading cause of brain trauma in the U.S.
Seeking Compensation for Your Slip and Fall Accident
The path required to seek compensation for a slip and fall depends on where your accident took place. Broadly speaking, these accidents can be split into three categories: falls at work, falls in public, and falls at someone else’s home.
For a fall at work in Texas, you’ll have to file a claim with your employer’s workers’ compensation insurance. If they don’t have this insurance, you may need to file a suit. In either case, workers’ compensation cases won’t necessarily follow the same steps or rules as other slip and fall incidents.
Seeking compensation for falls in public spaces, like stores, parking garages, hotels, and apartment complexes, and seeking compensation for falls in a friend’s home, on the other hand, will all usually start with the same step. In either circumstance, your initial option is to file a third-party insurance claim.
A third-party claim is any claim you make against someone else’s insurance policy. In the case of a business or public space, compensation for falls caused by the property owner can be claimed through that owner’s insurance policy. Similarly, if you fall in the home of an acquaintance, their homeowners insurance should cover your expenses, just like car insurance.
However, in either situation, the insurance company may try to deny your claim, whether it is by arguing that the injury wasn’t covered or that it wasn’t the property owner’s fault or responsibility. If you feel your claim is being wrongly denied, you may need to file a bad faith insurance claim.
Get the Slip and Fall Compensation You Need with Lapeze & Johns, PLLC
No matter where your slip and fall happened, getting the coverage you need can be tough. When that difficult process is added to any painful injuries you may have sustained, getting financial relief may seem nearly impossible.
If you’ve been injured because of the actions or negligence of another person, the least you deserve is justice and compensation. You can trust the personal injury attorneys of Lapeze and Johns to fight for your rights and protect your dignity.
If you’ve been involved in a slip and fall in Texas, contact the Houston personal injury attorneys of Lapeze & Johns, PLLC, for help seeking compensation.