The Texas Statute of Limitations puts a timeframe on victims who want to file slip and call cases. In this article, injured parties can learn more about how long they have and what's the best way to handle the process.
What Is a Slip and Fall Accident?
Slip and fall accidents happen when there's a lack of traction or friction between the person's foot or footwear and the ground.
A slip-and-fall accident can happen with the person falling forward or backward, which is one of the reasons why they're so dangerous.
If the person falls backward, they could sustain serious and catastrophic injuries, for example, damage to their spinal cord, back, spine, neck, and shoulders.
What Victims Must Do After an Accident
Victims might be very confused after they're in a slip-and-fall accident. However, the first thing they should do is contact medical attention.
Healthcare professionals will arrive at the scene and instruct victims on what to do. If the injured party is able to move, they should try to take pictures of the accident because they'll help them put together a case later on.
However, if doctors tell them not to move, they should listen to them. Instead, victims can ask witnesses, bystanders, or even their loved ones to collect evidence.
Once the person receives medical attention, they must hire a personal injury attorney and talk to them about their options.
If they slipped and fell due to someone else's negligence, they might be entitled to compensation.
However, there are numerous details victims must consider if they're filing a claim or a lawsuit, which is why getting help from a personal injury attorney is critical.
Can Victims File a Claim?
It depends. If the victim fell on someone else's property and they can prove it happened due to negligence, filing a slip-and-fall lawsuit could be the best alternative because they might be entitled to compensation.
To know for sure, victims should hire a slip-and-fall accident attorney who can guide them through the legal process, explain all the options they have, and suggest the best alternatives to get convenient outcomes.
About the Statute of Limitations
People have a specific timeframe to file personal injury claims. If they don't start the legal process then, they most likely won't be able to get compensation for their injuries.
The Texas personal injury Statute of Limitations is two years. Therefore, people have enough time to file a lawsuit. However, they should do it as soon as possible.
If victims don't file a lawsuit soon after sustaining their injuries, they may be unable to retrieve evidence from the place where the accident happened.
Most personal injury claims are filed within two years of having happened. Even so, if victims decide to start the legal process, they shouldn't wait. As soon as they sustain the injuries, they should start thinking about contacting a lawyer.
Comparative Negligence in Slip and Fall Accidents
Before filing a personal injury claim, victims should keep in mind that the property owner will probably have some arguments to go against them.
If the owner's arguments are successful, victims might lose a part of the settlement they were hoping to receive.
It's why hiring a lawyer is crucial when it comes to personal injury cases. Attorneys know all the details of the Statute of Limitations, they can instruct victims on what to do, and most importantly, they will aggressively defend them in court.
A slip and fall lawyer in Houston will most likely tell the victim about the "modified comparative negligence rule," which determines how much money they can receive from the property owner.
At the same time, victims should be aware of the possible arguments owners will use. Attorneys will explain some of them, for example:
Failure to wear the appropriate footwear.
The dangerous condition should have been obvious to the victim.
Victims were on a part of the property where visitors shouldn't have been or weren't allowed to be.
The dangerous condition had signage, in other words, owners took reasonable steps to warn victims.
Victims weren't being careful when walking.
Attorneys also know other possible arguments that the negligent party might use to win the case. However, at Schuerger Shunnarah, lawyers will aggressively defend their clients and go to war for them, so victims shouldn't worry - they can get the right legal experts by their sides.
Why Victims Should File a Personal Injury Claim
Many victims feel intimidated by the Statute of Limitations because they know they have a specific amount of time to file their Texas slip and fall case.
At the same time, the prospect of going to court could also scare some people, and they might be too nervous to file a claim.
Nonetheless, victims must remember they don't have to do things on their own. They can contact a lawyer who will help them through the process and aid them in filing a claim.
Filing a lawsuit is essential because victims shouldn't have to pay for someone else's negligence. Attorneys not only know this but also are entirely committed to helping their clients, so victims should put their trust in them.
Should Victims Hire a Personal Injury Lawyer?
Slip and fall cases can be very tricky to handle because proving negligence might require collecting a lot of evidence and taking care of numerous details.
A slip and fall accident lawyer understands all the intricacies of the law and is willing to help the person through their personal injury case, making sure they file all the documents within the specified time stipulated by the Statute of Limitations. Schuerger Shunnarah can consult on what the most common injuries after a slip and fall accident are.
Hiring a Specialized Lawyer
At Schuerger Shunnarah, the team's motto is "We go to war for you," so lawyers are ready to help all clients who need them.
Attorneys will help victims collect evidence, put together a case, defend them in court, and negotiate with the insurance company to make sure they get the best outcomes possible.