Slipping and falling has been reported to have been the cause of around 700 deaths annually as well as other injuries within the workplace, according to OSHA. Work is not the only place that these types of accidents happen. While the numbers shed some light on how common they are in the United States today, the negligence of others has led to accidents of this nature to occur in other settings too.
Classified as a type of premises liability accident, slips and falls are known to happen in many kinds of places such as grocery stores, hotels, and restaurants. Anywhere you go has some form of chance that you could trip, slip, or fall at any time. However, a lot of the time these incidents can be prevented considering most slips and falls are due to the actions (or lack thereof) of someone else.
It’s for this reason that if at no fault of your own, you fall, slip, or trip that you immediately contact a slip and fall attorney in Houston, TX to see what you can do about it. This will help make sure that you do not do anything that could jeopardize your chance of winning a slip and fall lawsuit to cover the expenses and reimburse you for any outcomes of the accident. If you want to know more, keep reading.
Causes of Accidents Involving Slips and Falls
When someone is faced with the fact that there is the possibility of being held liable for an accident you were involved in, one of the most common things is for them to try to avoid responsibility. This could be by them telling you that you should have been more careful or denying they knew of the hazard.
Regardless, one thing remains true and reigns supreme throughout the judicial process. In the State of Texas, businesses and property owners are always expected to ensure the safety of others. This is done by ensuring any slip/trip hazards are mitigated immediately, and their property is properly maintained.
If at any time, the business owner or property owner fails to fulfill the duty that is normally common knowledge to those in a proper frame of mind, they could be held responsible for any injuries arising from it. Common contributors to slip and fall accidents include:
- Cluttered Floors or Walkways
- Employee/Individual Negligence
- Damaged and/or Warped Floorboards
- Damaged and/or Slippery Sidewalks
- Handrails Missing or In Disrepair
- Lack of Proper Building Maintenance
- Poor Visibility or Inadequate Lighting
- Potholes in Parking Lots
- Slippery/Wet Floors
- Staircases Being in Disrepair
Common Slip and Fall Accident Injuries
It is not unusual for someone to slip and fall, only to get back on their feet as quickly as they can and ignore the possibility that it could have caused further issues than just dirt on their clothes. A lot of the injuries that come with slipping and falling might not even be noticeable until later.
Instead of taking the chance of making matters worse when it comes to your overall wellbeing, pay close attention to yourself and what you feel after the accident. Cover all your bases too, so that way if you must pursue a slip and fall lawsuit, you have what you need to do so. Either way, always seek professional medical advice any time you have been taken off your feet and there is a chance of injury.
Slip and fall injuries can include, but don’t limit themselves to:
- Back and/or Neck Injuries
- Broken and/or Fractured Bones
- Bruises and Scrapes
- Herniated Discs
- Hip Injuries
- Injuries Occurring to Soft Tissue
- Knee Injuries
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Wrongful Death/Fatality
A lot of the injuries that occur with falling, slipping, or tripping is noticeable at the time of the accident and they warrant immediate medical attention due to the impact that they have. Not only does it add up to medical bills, but many other things can be accounted for in a personal injury suit which will be covered in the next section for your convenience.
How Much is a Slip and Fall Claim Worth?
There is not a set amount of money that determines how much slip and fall accident victims can get if it is something that has happened due to the actions (or needed actions not being taken). No slip and fall accidents are two of the same, just like the injuries that arise from them can vary. Therefore, it’s critical to seek professional legal help to put your finger on everything, without the risk of missing out.
Common areas of compensation sought when filing a slip and fall accident case include:
- Emotional Distress Due to the Accident or Injuries It Caused
- Estimated Total of Future Medical Treatment Necessary
- Loss of Future Earning If the Injury Leads to Disability
- Medical Bills for Treating the Injuries Caused
- Permanent Damage from the Injuries One Received
- Physical Pain and Suffering by the Victim/Victim’s Family
- Wages That Are Missed Out on Due to the Accident
There are times when exceptions are made to compensate victims for things not listed above, but for most cases, this is what they focus on and are awarded for either by a winning verdict or settlement.
How Do I Sue for a Slip and Fall?
The first step is making sure that a full investigation is done, and the findings that support your case are well-documented either by expert witnesses, physical evidence, or those who saw the accident when it happened. With these things in hand, you can then proceed to send out a demand letter that illustrates what you are seeking, and file with a court if a reachable agreement is unattainable. While you can represent yourself in the matter, victims tend to get the most by hiring a skilled slip and fall lawyer.
As a nationally recognized personal injury attorney who has represented clients and sought millions of dollars in compensation for Houston slip and fall accidents, I know what it takes to win. Over the past 18 years, I have devoted my time to representing victims in not only Houston, but surrounding areas as well.
If the city where you slipped and fell is not listed above, there is no need to worry. Call my office directly at (713)-572-6446 or submit this contact form with details of your accident. I have won personal injury cases in many other cities and states not mentioned here, and I am always willing to do it again.
Frequently Asked Questions About Slips and Falls
Are slip and fall cases hard to win?
It is common knowledge within the realm of personal injury law that slip and fall accidents are the hardest types of cases to prove. From requiring the help of experts to evaluate the conditions that led to the accident to ensure that physical proof is provided to prove that the client was not liable for their injury, the process is one that is well-involved.
Not to mention, if you fail to take care of things when the accident happens (or shortly thereafter), the chances of someone trying to sweep it under the rug are high. It is critical to document all aspects of the accident, injuries that you received, and the parties/witnesses valuable to the case.
Do slip and fall cases go to trial?
This depends upon the jurisdiction that is overseeing the personal injury case that you filed. On average, as little as 2% of slip and fall accidents will end up at trial. Most of the time, the defendant (and other parties involved on their behalf) will not want to have to be put on the stand and questioned about it. In this case, a settlement offer is usually made either by their insurance company or legal representative.
How are slip and fall pain and suffering amounts calculated?
Usually, a multiplier model is used, which is a formula based upon the overall damages that you have received due to the premise liability accident. Essentially a number is chosen between 1.5 and 5 (dependent on the severity of the injuries and losses) to multiple overall damages by. For example, 3X $50,000 in damages would yield a person $150,000.
How much does Walmart settle for slip and fall accidents?
Claims for slip and fall accidents at this leading retailer are not only filed by victims more often than it is with any other retailer in the country, but they can be valuable if the outcome is in your favor. We have noticed that claims for Walmart slip and fall accidents range from $500,000 to millions of dollars. This is a rough estimate, and some claims may have been worth less or more, dependent on their elements.
Should I get a lawyer for slip and fall?
When it comes to slip and fall accidents, this is one of those areas that you do not want to take on the legal battle unless you have experience practicing this type of law. Businesses, insurance companies, and lawyers for liable individuals will do everything in their power to make your case worthless. Or even get you to settle for an unfair agreement just to squash the situation at hand without tremendous loss.
A good example of the lengths that people go to with slips and falls in their business or other location is one set by none other than Walmart. You would think that settling accident lawsuits would be something that would be a no-brainer for them. However, they went ahead and formed their own insurance company (formally known as Claims Management, Inc.) just to reduce their liability and save them as much money as possible when it comes to compensating victims of accidents that happened within one of their many stores. Does that show you why this is one of the cruelest areas of law to exist?