Experiencing a slip and fall can be shocking and disorienting. Knowing what to do after a slip and fall accident in Houston is vital. The steps you take can significantly influence the outcome of your situation.
From seeking immediate medical attention to documenting the scene for legal purposes, understanding these steps will help protect your health and legal rights. Read on to learn more about what to do if you’re unfortunately involved in a slip and fall.
Immediate Steps to Take After a Houston Slip and Fall Accident
When a slip and fall accident occurs, your actions can significantly impact your ability to recover compensation for your losses. Seeking medical care, documenting the scene, and reporting the incident are all important things to remember.
Seek Medical Attention
Prioritize your health and safety above all. Even if your injuries seem minor, some symptoms may not be immediately apparent, so it’s important to see a doctor right away.
Getting a professional evaluation will provide a clear record of your injuries. Otherwise, the property owner’s insurance will argue that your injuries weren’t serious or that you waited so long that another event caused your injuries.
Report the Accident
Inform the property owner or manager about the incident as soon as possible. Ask them to make a formal report and request a copy for your records. This step is vital as it establishes a documented timeline of the event and puts the parties on notice to open a liability claim.
Document the Scene
Take photographs of where the accident occurred, focusing on the specific conditions that contributed to the fall. Collect names and contact information from any witnesses, as their statements can be invaluable evidence. Keep your clothing and footwear worn during the accident in the same condition post-fall, as they might serve as evidence.
Each of these steps is essential for your physical and legal protection and for laying the groundwork for a successful slip and fall accident claim.
Get a free initial consultation today by calling our office in Houston, or you can fill out our online contact form.
Understanding Texas Slip and Fall Laws
Texas premises liability laws govern how property owners, lessees, and occupants can be liable when someone is injured. The law stipulates that property owners must keep their premises reasonably safe and warn of any known dangers. That includes keeping all walking surfaces clear of hazards that could cause a slip and fall. Failing to do so can make a property owner liable for injuries that occur as a result.
The duty of care a property owner owes visitors depends on the visitor’s status—invitee, licensee, or trespasser. For invitees, such as customers in a store, it’s the highest level of care, while trespassers are owed the lowest.
Proving negligence in a slip and fall case involves demonstrating that the property owner knew or should have known about the hazard and did not take appropriate action to remedy it. Examples include:
- Failing to mop up a spill,
- Not repairing damaged flooring, and
- Neglecting to remove ice or snow.
The concept of “reasonable” action is often central to these cases, but it may depend on the specific circumstances of the incident.
Filing Your Claim
Filing a slip and fall claim involves speaking with the insurance company, gathering evidence, and negotiating a potential slip and fall settlement. This process can be complicated for victims, especially if they’ve never had a personal injury claim before. That’s why we strongly recommend hiring a Houston slip and fall lawyer.
Initiate the claims process by notifying the property owner’s insurance company of the accident and your intent to seek compensation. Provide all necessary documentation, including photographs, witness statements, and medical records.
Be thorough in detailing the circumstances and injuries to avoid any ambiguity affecting your claim. However, be cautious if the adjuster asks you to provide a recorded statement. Do not consent until you’ve spoken with a lawyer.
Hiring a lawyer can be beneficial for many reasons. They will help you understand the legal process, ensure all filings are timely and complete, and advocate during negotiations with insurance companies. They can also assess the sufficiency of any settlement offers compared to the damages suffered and advise on whether to accept or negotiate further.
A lawyer’s involvement is crucial, especially in cases where the owner disputes liability or the insurance company is reluctant to offer a fair settlement. Their skills can make a significant difference in the outcome of your claim, providing you with the legal support needed to secure adequate compensation for your injuries and losses.
Frequently Asked Questions
When dealing with slip and fall accidents in Texas, several common questions arise about the claims process and legal considerations. Below, you’ll find answers to some of the questions prospective clients ask most frequently.
How Long Do Slip and Fall Claims Take in Texas?
The duration of slip and fall claims can vary widely. Factors that influence the timeline include the case complexity, the extent of your injuries, and the willingness of both sides to negotiate. Generally, claims may resolve in a few months, but more complicated cases can take a year or more, especially if they go to trial.
What Should I Do If the Property Owner Disputes My Claim?
If the property owner or their insurance company disputes your claim, it’s crucial to have strong evidence and legal representation. A Houston slip and fall lawyer can help you negotiate and advocate for your side, using evidence to challenge any disputes effectively.
Can I File a Claim If I Didn’t Immediately Report the Accident?
While immediate reporting is ideal, you can still file a claim if there is a short delay. However, prompt reporting is beneficial as it helps establish a clear link between the incident and your injuries.
Delays can complicate the process but do not necessarily prevent you from pursuing a claim. However, you may have a strict reporting timeline if your claim involves a government entity. Missing the deadline could bar you from recovery.
How Does Texas Comparative Negligence Affect My Case?
Texas follows a modified comparative negligence rule, which means that if you are found partially at fault for your injuries, your compensation may be reduced by your percentage of fault. If you are to be more than 50% at fault, you may not be eligible to receive any compensation.
Get a free initial consultation today by calling our office in Houston, or you can fill out our online contact form.
Contact a Houston Personal Injury Lawyer
Knowing what to do after a slip and fall accident is crucial. If you or someone you love suffered injuries in the fall, speak with an experienced slip and fall lawyer Houston at Kolodny Law Firm.
We have years of experience helping Harris County residents fight for the justice they deserve. You don’t have to go through the claims process alone—let us provide the support you need. Schedule a free, no-obligation consultation to learn more.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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