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Calhoun, Meredith, Sims Logo
06/15/2021

Slips and falls are the leading cause of occupational injury for 55-year-olds and older, according to NFSI quick facts. If that's scary, consider that CDC reports that about 800 000 people are hospitalized yearly due to a fall injury. These reported injuries range from mild to severe and can cause serious pain to the victims.

Sometimes, it puts the person in a dangerous condition that can lead to death. It's one thing to fall because you missed a step or were distracted by something. It's yet another to slip and fall because of someone else's negligence. In such cases, you'd need to hire an experienced slip and fall lawyer to prove your case. That way, you can be sure to get fair compensation for your pain.

How Do I Prove a Slip and Fall Injury Claim?

A slip and fall happen when someone trips over on someone's premises and sustains an injury due to the fall. Most of the time, when this happens, the property owners are at fault. For example, the property owners failed to take reasonable steps to fix some hazardous conditions that caused the accident. However, in a personal injury claim, you must prove the negligence of the party responsible by providing adequate evidence.

How to Prove a Slip and Fall Injury in Texas

Since the burden of proof lies on you, you mustn't take evidence in slip and fall cases lightly. Your evidence should show that the property owners failed in their duty of care to keep their premises safe. You must prove that they knew about the dangerous property conditions and neglected to remedy them. The evidence should indicate that such an unsafe condition caused you to slip and sustain physical injuries and financial losses.

As an injured party, you can gather evidence for your premises liability claims through the following ways: 

Physical Evidence 

One of the most important forms of evidence in falls is physical evidence. This type of evidence shows proof that you suffered harm from the slip and fall. This includes pictures and videos of the bruises, swelling, bleeding, and other signs of physical injury that you suffered. 

Physical evidence should be captured using clear pictures and video cameras. Quality video footage makes it easy to determine the extent of your injuries. It'd be great to show your clothing and video of your injuries from differing angles.

Again, the time you capture your injury can contribute to the success rates of your claim. It's essential to make the pictures and videos as soon as possible when the injuries are still fresh. That's because the wounds may heal up well before settlement or trial commences.

Witnesses Testimonies

A person who observed when you had the accident can witness and give testimonies in your favor. The witness statements can show that the negligent property owner was at fault.  They can also corroborate your testimony about sustaining severe injuries. 

In some cases, you'd require expert witness testimony to substantiate your accident claims. Your personal injury lawyers will advise you on what types of evidence would help your claims best.

Documentation 

Documentation, here, involves taking photographs and videos of the scene of the accident. The pictures and videos should capture the accident scene from many angles too. They should focus on any area that exemplifies unsafe conditions. These include places like an uneven or wet floor, inadequate lighting, wrong placements of objects, etc.

One aspect of proving your slip and fall case is knowing what defenses the responsible party may put forward. The value of your claim will reduce significantly if they can prove that you were at fault too. Texas uses the modified comparative fault system in slip and fall cases.. So, if they prove that you had 50% of fault or more, you may forfeit your rights to compensation.

For example, this can happen if they show that: 

  • The premises owner provided notification about the dangerous conditions through warning signs and signage posts.
  • You were distracted as you were walking. 
  • The dangerous condition was so apparent that any person would see it without warnings.
  • You did not dress appropriately for the type of premises. For example, wearing high heels to construction sites is inappropriate for the occasion.
  • Your entry into the premises was illegal. 
Slip and fall attorney in Texas

Insurance adjusters understand slip and fall cases all too well. Since they aim at reducing your compensation, they'd try to blame you for the accident. Having competent personal injury lawyers will help you prove your case and get maximum compensation as soon as possible.

What Are the Common Types of Slip and Fall Injuries?

Common causes of slips and falls include wet and uneven floors, negligence, inappropriate footwear, poor weather conditions, etc. Regardless of what caused your fall, you can suffer mild to severe bodily damages as a result. Common injuries in slips and falls include: 

Broken bones are one of the most common types of injuries resulting from a slip and fall. That's because when you slip and fall, your bones usually hit the floor with more pressure than they can handle. The most common bone fractures in slips and falls occur around the wrist, ankles, and hips.

You can have a traumatic brain injury from a fall when you hit your head on the floor. They result in minor injuries like bumps, slight concussions, and bruises. They can also lead to severe injuries like hematomas and skull fractures.

  • Spinal Cord Injuries 

According to a Mayo Clinic report, spinal cord injuries in persons aged 65 and above are usually due to falls. Furthermore, 31% of spinal cord injuries are caused by falls. A spinal cord injury damages a part of the spinal cords. 

The most common symptoms are loss of bladder control and movement, pain, and difficulty breathing. Some of the most dangerous types of this injury are not immediately noticeable. That's why it's always important to seek medical attention after a fall, whether you feel okay or not.

  • Knee Injuries

Knees damages due to a slip and fall can be very painful and life-altering. They usually also take long periods to heal because of the complex assemblage of ligaments and bones. In some cases, treating a knee injury will involve knee reconstructions. 

  • Soft Tissue Injuries 

Soft tissue injuries are another significant reason never to neglect medical attention during a slip and fall accident. An injured person with a soft tissue injury may not know it until it's too late because they aren't visible.

What Damages Can I Claim From Slip and Fall Accidents?

You can receive the following compensation for a premises liability claim in Texas: 

  • Lost Wages: Injuries from slips and falls may make you stop work for a while. You're entitled to the wages you lost as a result of your incapacity to work. Lost wages include future income that you'll lose.
  • Wrongful Death: Unfortunately, fall accidents result in death. When this happens, the deceased defendants can bring a wrongful death claim against negligent property owners. Wrongful death compensation covers funeral expenses, loss of consortium, medical bills, etc.
  • Medical Expenses: You're entitled to reimbursement for expenses you incurred while treating your slip and fall injuries. This includes costs of medical treatment and therapy.
  • Pain and SufferingThis covers the physical pain and emotional trauma you go through due to the injuries.
  • Punitive Damages: Punitive damages punish negligent property owners and do not repay you for your losses. They also serve as a warning to future tortfeasors. 

What if I Fell on a Public Property? 

Generally, Texas laws provide sovereign immunity for municipalities and cities. As such, you cannot sue the state of Texas for slips and falls that happened in government buildings.. There are, however, exceptions to this rule: 

How to prove a slip and fall injury in Texas?

Calhoun, Meredith & Sims Can Help You!

If you've sustained an injury due to a slip and fall, you deserve maximum compensation for your hurt. However, slips and falls leave you in a sensitive situation, and you need help to get the best results. Fortunately, our accident attorneys at Calhoun, Meredith, & Sims are here to help you in this difficult time.

We offer the best legal counsel to our clients and are with you all of the way from start to finish. You don't have plenty of time. Call us now, and let's start you on your journey to maximum compensation. 

Consulta Gratis
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