Under premises liability law in Texas, property owners or businesses have the legal responsibility to ensure that they maintain their premises in a reasonably safe condition to prevent accidents and injuries to their visitors. Depending on the visitor's status, they must also regularly inspect their property to identify potential hazards and take immediate action to remove or warn their visitors about the hazard.
Victims who suffer slip and fall injuries due to the negligence of property owners may be able to pursue compensation by bringing slip and fall claims or lawsuits. One of the major concerns for victims seeking legal guidance is determining the potential compensation they may recover from a slip and fall claim or lawsuit.
Schuerger Shunnarah trial attorneys have extensive experience handling personal injury claims. In this blog post, they'll explore the factors that can affect the settlement amount an injured victim may receive following their slip and fall accident. They can also advise on what the slip and fall law in Texas is.
Slip and Fall Accident Statistics in the United States
The National Floor Safety Institute reports that over 8 million Americans visit the emergency room each year, with around 21.3% of those injured in slip and fall accidents. Furthermore, 5% of people who suffer slip and fall accidents sustain fractures.
The Bureau of Labor Statistics reports that slip and fall accidents account for 5% of job-related fatalities and are the leading cause of workers' compensation claims in the United States.
What Is the Average Slip and Fall Settlement in Texas?
It can be challenging to determine the average settlement value of a slip and fall accident claim in Texas, as most slip and fall accident cases settle outside the court. Every slip and fall claim is different, and the facts or circumstances around the case can play a significant role in the value of the settlement.
Many factors can affect a slip and fall accident settlement, including the following.
The Severity of the Injuries
One of the major factors that can significantly impact the settlement amount is the severity of the injuries sustained by the victim.
Slip and fall cases involving minor injuries, such as bruises and sprains, may result in a settlement worth tens of thousands of dollars. However, cases involving severe or permanent injuries, such as traumatic brain or spinal cord injuries, can result in a much higher settlement amount, potentially reaching hundreds of thousands or even millions of dollars.
Degree of Fault
Unlike many other states, Texas follows a modified comparative negligence rule.
Under the state's rule (also commonly called the 51% rule), injured victims can still recover compensation even if they are partially at fault for their injuries. However, the compensation they can recover will be reduced according to the degree of fault.
It is important to note that under the modified comparative rule in Texas, injured victims cannot recover compensation if they are 51% or more at fault for their injuries.
Insurance Coverage
The negligent property owner's insurance policy also affects how much compensation an injured victim can recover. If the injured victim incurred $150,000 in damages and the property owner has insurance coverage of $100,000, the victim may only be able to recover $100,000 (up to the policy limits) unless they're able to tap into other insurance policies or pursue a personal injury lawsuit against the property owner.
Evidence
Strong evidence plays a critical role in how much compensation an injured victim is able to negotiate with the negligent property owner's insurance company. The lack of sufficient evidence can put a dent in the recoverable amount, while concrete evidence of negligence can work in favor of the injured victim.
It is crucial for injured victims to reach out to experienced personal injury attorneys in Texas to help build a strong case by establishing the critical elements of premises liability: duty, breach, causation, and damages.
Medical Expenses
The settlement amount for a slip and fall case depends on the medical expenses incurred. The higher the medical expenses, the greater the value of the slip and fall case.
A victim with spinal cord injuries may be able to recover higher compensation than an injured person suffering from wrist injuries, as the medical expenses and treatment costs for spinal cord injuries can range from a few hundred thousand dollars to millions.
Lost Wages
If the injuries cause the injured victim to miss work, the amount of wages they missed adds to the settlement value of the slip and fall case.
Depending on the number of days, weeks, or years an injured victim misses work, they may be able to obtain a higher settlement. In some cases, the injuries can be so severe that the injured victim may never be able to return to work, which can also lead to a loss of future earnings, increasing the settlement value.
Attorney's Expertise
A slip and fall accident lawyer with substantial trial experience handling slip and fall injury cases and a superior track record can negotiate the maximum settlement with the property owner's insurance company.
Insurance companies do not want a case to go to trial as it can lead to bad publicity and cost them a lot of money. If they find out that a trial attorney with positive verdicts in court takes on a case, they would much rather settle, and that could go well in favor of the injured victim the attorney is representing.
What to Do to Ensure Maximum Slip and Fall Settlement
There are certain steps injured victims must take to increase their chances of obtaining maximum compensation, and these include the following.
Report the Accident
When someone slips and falls on another's property, they must immediately report the accident to the property owner or management. Speaking to a manager can help document the accident and provide the victim with an accident report, which can be helpful when filing a slip and fall injury claim or a lawsuit.
Document the Scene
The victim must gather as much evidence as possible at the accident scene. Property owners can remove hazards or evidence if the victim waits a few hours or days before documenting the accident scene.
Injured victims must take pictures, videos, contact details of witnesses, and other relevant pieces of evidence to increase their chances of recovering compensation.
Seek Medical Attention Immediately
It is crucial that an injured victim head to a hospital for medical treatment. In some slip and fall cases where the injuries aren't as evident, victims must still visit a hospital for a medical evaluation.
Sometimes injuries can take time to manifest, while in other cases, internal injuries can be challenging to detect without a proper medical examination.
If an injured victim waits too long before seeking medical treatment, it gives the property owner's insurance company an excuse to deny or reduce claims. They will be quick to blame the delay in treatment as the cause of the injuries rather than the accident itself.
Keep a Journal
Victims with severe injuries need to maintain a journal or diary to write about how the injuries affect their daily lives. Keeping a journal is a great way to tell the court about the injuries sustained, the pain the victim is experiencing, and how the injuries have made it difficult to carry out their regular routine.
Contact an Experienced Slip and Fall Accident Attorney
After an accident, victims must report the incident to the negligent property owner's insurance company. They may jeopardize their chances of obtaining compensation if they're not sure what to say.
It's best to contact an experienced slip and fall lawyer as soon as possible to discuss the case and learn about their legal options. Schuerger Shunnarah can answer questions like, "What is the difference between slip and fall and trip and fall?"
How an Experienced Schuerger Shunnarah Trial Attorney Can Help Injured Victims
Personal injury attorneys at Schuerger Shunnarah have a deep understanding of premises liability law and have successfully handled many slip and fall accident cases.
There are many ways an experienced legal team at Schuerger Shunnarah can add value to the case and ensure the victim receives a maximum settlement, including the following:
Schuerger Shunnarah has the resources to investigate the accident and gather the evidence to build a trial-ready case.
Calculating economic damages can be easy, but it can be challenging to put a value on non-economic damages. Many injured victims without legal representation often leave money damages on the table and only recover medical bills and lost wages. Attorneys at Schuerger Shunnarah can use their expertise and past case verdicts and bring on medical professionals to help assess pain and suffering, loss of quality of life, and other damages to ensure the victim demands what they truly deserve.
A slip and fall accident case can be challenging to prove as there are several elements that the victim needs to establish, such as duty, breach, causation, and damages. Failure to establish the elements of negligence in a slip and fall accident case may result in a claim denial. Schuerger Shunnarah trial attorneys do this daily and know what evidence they need to prove these elements.
Handling an insurance company after a slip and fall accident can be tiring and stressful. However, the legal team at Schuerger Shunnarah has Houston slip and fall lawyers with experience in the insurance industry. They know the insider secrets and can pressure the insurance company to offer the victim what they deserve.
In some slip and fall accident cases, there may be a disagreement over the settlement value between the insurance company and the attorney. If that happens, the legal team at Schuerger Shunnarah has the necessary trial experience and is not afraid to take the insurer to court.
Injured in a Slip and Fall Accident? Schedule a Free Consultation Now!
Those suffering injuries from slip and fall accidents should immediately contact (833) 692-5038 and schedule a free case evaluation with experienced slip and fall attorneys at Schuerger Shunnarah to discuss their case and learn more about their legal options.