Almost everyone can relate to slipping or tripping and falling in a public place. Most of the time, some embarrassment and perhaps a skinned knee are the worst consequences. But some falls cause severe injury, and when that happens, the injured person might be able to seek compensation in court.
It is wise to contact a Pearland slip and fall lawyer to get a sense of the strength of your claim before having a conversation with an insurance company representative. A reliable attorney could ensure you are fairly compensated for the full extent of your injuries.
Proving Liability for a Falling Accident
A party is liable for damages if you prove that the owner or occupier of the property on which you fell did not uphold a duty to keep their premises safe for visitors. However, the extent of the duty a defendant owes to an individual depends on the reason the person was visiting the premises. You could consult a local accident attorney to ascertain whether the property owner violated a duty to you in your slip and fall case.
Customers of a business or patrons of a public space are entitled to the greatest protection. The party who controls access to the property must inspect for tripping hazards regularly, repair them promptly, and warn visitors to the property about the hazard. An owner or occupier who fails to do this is liable if someone suffers an injury as a result of their failure.
Social guests have less protection. If there is a dangerous condition on the property that would not be obvious to a visitor and the owner knows about it, they have an obligation to warn their guests. However, they have no duty to inspect for hazards or make efforts to protect guests from them.
People have no right to damages if they are injured on properly they entered without permission. Trespassers are entitled to damages only if they can prove that an owner or occupier intentionally injured them.
Recovering Damages in Pearland
Injured people who are not familiar with the legal system often underestimate the losses associated with their accident and insurance companies do not hesitate to take advantage. An experienced Pearland attorney could help you calculate your actual losses from a trip and fall and compile documentation to prove them.
For instance, you could claim reimbursement for all of the costs of medical treatment, including copayments, prescriptions, transportation, medically necessary equipment like crutches or braces, mileage, parking, travel expenses, and all other expenses you incurred while seeking treatment for your injury. Mental health treatment, rehabilitation services, and the cost of medical intervention that might be required in the future should also be part of your claim for damages.
In addition, you are entitled to reimbursement for time off work and the value of any fringe benefits you used during your recovery. If the injury will limit your future earning capacity or business opportunities, damages could cover those future losses. In addition, damages should offer you a sum to acknowledge your inconvenience, embarrassment, physical pain, anxiety, and other subjective effects of the injury.
What if a Plaintiff Contributed to Their Fall?
It is possible to be partially responsible for an accident that caused you to fall and suffer harm. Texas Civil Practice and Remedies Code §33.001 allows a plaintiff whose conduct contributed to their injury to seek damages from other negligent parties, but only if the plaintiff is no more than 50 percent responsible.
Insurance companies might use this law to try to convince you that your claim is not viable because of your partial responsibility for the accident. However, an experienced trip and fall lawyer in Pearland could investigate the circumstances surrounding an incident and present evidence indicating you were not primarily to blame for your injury. Fighting back against unfair allocations of fault often results in a more equitable settlement offer.
If a claim goes to court, a Judge or jury will allocate fault between the parties. The plaintiff will prove their total damages, and the Judge will deduct a percentage that equals the plaintiff’s portion of the fault.
Contact a Pearland Slip and Fall Attorney Today
People who suffer injuries in falls sometimes hesitate to call an attorney for help. That could be a critical mistake. Insurance companies have professionals handling their claims, and you should have a professional handling yours.
Make an appointment with a Pearland slip and fall lawyer as soon as possible after your accident. A trustworthy attorney could guide you through the complicated claims process and ensure you do not settle for less than you deserve.