Slippery pavement, uneven stairs, debris on the floor, and many other hazardous conditions can cause a person to slip or trip and fall. If you fall and injure yourself while away from home, the owner or occupier of the property where you had your accident might be liable to you for money damages.
Several factors determine whether an injured person has a valid claim for damages. The injured person must be able to demonstrate that the owner or occupier of the property where the accident happened was negligent, and this determination depends on the relationship between the injured person and the owner or occupier. A personal injury lawyer could offer advice about which strategies might produce the most advantageous outcome.
Damages Available to an Injured Person
A person who can prove that their injuries were due to another person’s negligence may be entitled to damages, a sum of money meant to compensate them for losses related to the injury. Although Texas caps some damages in medical malpractice cases, in lawsuits where the basis for the claim is premises liability—as is the case for most slip and fall actions—there is no damages cap.
What Are The Recoverable Types of Economic Damages in a Slip and Fall Case?
Injured people who can show negligence might seek to recoup all of their past and future expenses associated with treating, recovering from, and living with the results of their injury. These are called economic damages and typically include past and future medical costs, lost wages, lost future wages if the injury will limit the person’s earning capacity going forward, and any other injury-related expenses.
Understanding Types of Non-Economic Damages
Non-economic damages are losses that cannot be quantified. Seeking non-economic damages allows a plaintiff to seek compensation for their suffering, any embarrassment or humiliation the injury caused, loss of the ability to participate in activities they previously enjoyed, and for changes in their marital relationship. Non-economic damages are subjective, but a savvy slip and fall lawyer could estimate the amount of non-economic damages an injured person might be awarded.
For a free legal consultation, call (817) 775-5364
When Is The Deadline to File a Slip and Fall Accident Claim in Dallas?
Statutes of limitations are laws which define the amount of time a person has to bring a lawsuit. Texas Civil Practice Law and Remedies §16.003 sets the statute of limitations at two years after the date of the injury.
Two years is a short time to assemble all the evidence needed for a winning lawsuit. A personal injury lawyer will spend the time putting together the strongest possible case, even when the client does not want to sue. If the defense sees that the plaintiff has a solid case, they might offer to settle with a reasonable offer before the plaintiff files suit.
If the State of Texas or a government within the State owns, occupies, or manages the property where the person was injured, different rules apply and the plaintiff has very little time to decide how to proceed. A plaintiff must file a document called a notice of claim within six months of the incident that led to the plaintiff’s injury, if a unit of government is a potential defendant. Failure to file the notice will defeat any claim the plaintiff brings.
Dallas Slip and Fall Accident Lawyer Near Me (817) 775-5364
A Legal Professional Can Help Get You Back on Your Feet
Slip and fall victims should expect contact from insurance companies with settlement offers, often even before you have had a chance to recover. The wisest course is to direct those callers to your Dallas slip and fall lawyer. Once an insurance company knows that you have legal representation, they may no longer contact you directly.
Spare yourself the aggravation and allow yourself time to recover from your injuries in peace. Contact the office to schedule a free case review today.
Call (817) 775-5364 or complete a Free Case Evaluation form
