Slips, trips, and falls have been staples of film comedy since the earliest days of the cinema. In real life, though, they’re not always funny. Especially if you’re the one falling and you’re injured in that fall.
The good news? Texas law looks out for those whose slip, trip, and fall injuries result from someone else’s negligence. If you’re one of them, you’ll want to explore your options for compensation. After all, why should you pay for medical assistance, therapy, lost work wages, and the like when you wouldn’t have needed them but for your accident? A smart lawyer will see that you get the compensation you deserve. And the smart lawyer many Texans turn to is Personal Injury Attorney Joe Brad Brock. He operates out of South Texas, serving Corpus Christi and San Antonio, primarily. But clients all across Texas benefit from his slip, trip, and fall legal expertise.
Your Texas Options for Filing a Slip, Trip, and Fall Claim
Generally, your options are to …
- file a claim with the property owner’s insurance carrier or …
- file a claim in court.
Either way, what you’re doing, of course, is filing a personal injury lawsuit.
Two important types of laws govern such lawsuits. First, there’s a Statute of Limitations, which sets a time deadline for filing. Second, there are laws that regulate your right to recover compensation if you, in fact, are responsible for your accident.
The Statute of Limitations in Texas
Think the owner of the property on which you slipped, tripped, and fell is responsible for your injuries? The applicable Texas Statute of Limitations says you have two years – no more, no less – to file a civil action seeking legal remedy for personal injury.
The same two-year deadline applies if you want repair or replacement compensation for any personal property of yours damaged when you fell.
Pursuing your case promptly is always a good idea. That’ll leave you plenty of time to file a lawsuit, even if you believe your injury claim will settle. In any case, having the option of going to court will give you more leverage during settlement talks.
Comparative Negligence in Texas Slip, Trip, and Fall Cases
A property owner may argue that you share some responsibility for your accident. If his or her argument is valid, the court could withhold a significant chunk of your award. And if you’re negotiating a settlement? Its monetary value could be lowered according to the degree of your culpability.
To put it plainly, the more you’re seen to have contributed to your injuries, the less you’ll likely receive in damages. It’s possible you’d get no compensation at all!
Here are examples of arguments property owners typically assert:
- You were not allowed on the property.
- The property owner had no reason to expect you to be on the property.
- You were in an area restricted by barriers, cones, or signage warning of dangerous conditions.
- You should have avoided dangerous conditions because they were obvious.
Texas law ensures that such arguments are taken into consideration when the amount the property owner owes you is determined.
You will need help in these negotiations. And as so many in Texas will attest, the help to seek is Joe Brad Brock’s. Contact the The Law Office of Joe Brad Brock today. He’ll make sure you get compensated properly for your slip, trip, and fall injuries.