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If you have fallen on another party’s property and suffered any type of injury, you may possess the grounds to obtain compensation in a premises liability claim. Property owners and their insurance companies are prepared to deny any kind of responsibility regarding these type of cases, which is why our Dallas premises liability lawyers are capable of fighting back.
A fall can happen anywhere, commonly occurring when something interrupts a person’s normal gait. Falls also happen from heights, such as ladders, balconies, and stairs. When a fall occurs due to a negligent property owner, Texas insurance law compels them to pay for damages. Some common causes of slip-and-fall or trip-and-fall accidents in Dallas liability claims include:
Whenever a fall occurs due to negligence on the part of a property owner or manager, the at-fault party’s liability insurance coverage must pay for damages. Most slip-and-fall accidents are covered by commercial or private property insurance. Only in cases where the injured party was trespassing or committing a crime on the property at the time of the injury does the liability rule not apply.
It’s important to note that the law doesn’t consider young children as trespassers. If a property owner has reason to understand that children may enter their property, they are responsible for damages should a child suffer a preventable injury due to a hazard on the property.
A bad fall can cause multiple injuries. Head injuries, neck and back injuries, and fractures are common in slip-and-fall accidents. These injuries quickly become expensive, adding stress on top of physical pain. Medical bills may pile up at the same time you’re unable to return to work. A successful claim for slip-and-fall injuries can regain compensation for damages including:
While financial compensation can’t heal an injury, it can help relieve financial burdens so you can focus on your physical recovery.
When an individual slips on a wet surface or trips over debris on the premises of another party, it is considered a “slip and fall” injury. While it can be unclear who is responsible for the injuries you’ve sustained, there are factors which can determine if the negligent actions of the property owner were to blame.
In order to develop a strong case, our Dallas personal injury attorneys must prove the following:
Proving property-owner liability requires demonstrating the legal points of liability including:
Once your Dallas slip-and-fall attorney investigates the circumstances of your injury and gathers evidence of liability, they’ll carefully calculate your damages, including an amount for pain and suffering, and send a demand package to the appropriate insurance company. In the vast majority of cases, the insurance company negotiates with your lawyer to find a mutually agreeable settlement amount to pay out on your damages. In the event the insurance company uses bad faith tactics to undervalue or deny the claim, the case could proceed to a lawsuit in court as long as it’s filed before the state’s statute of limitations runs out.
Like all states, Texas places a statute of limitations on filing personal injury claims, including slip-and-fall cases. Dallas slip-and-fall injury victims have two years from the date of their fall to file a personal injury lawsuit. If the fall occurs to a minor, they have until two years after their 18th birthday to file a claim. If there is a delay in your symptoms—for instance, you don’t realize until some time later that your back pain is caused by a shattered disc from your fall—the statute of limitations begins on the date that you discover the injury.
If the claim isn’t settled out of court with an ample settlement, you and your Dallas personal injury attorney can file a lawsuit and argue the case in court. Though court cases take longer to resolve, often they result in a larger compensation amount.
Experiencing a slip and fall injury can lead to serious and potentially long-term injuries. The physical consequences that arise from these accidents can cause lifelong suffering.
There are several injuries one may sustain from a slip & fall accident, including:
At Mathias Raphael PLLC Accident & Injury Lawyers, we understand the difficultly in proving negligence for slip and fall accidents. However, our legal team has the extensive knowledge and resources to provide effective legal assistance to our clients.
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