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Slip and fall accidents can be harrowing and in some cases, life-altering. These accidents can take place anywhere: at work, out shopping, in any other commercial facility. In situations where the accident could have been avoided, you can pursue compensation from the individuals or businesses responsible.
It can be daunting to stand up to large insurance companies or to sue an employer with whom you otherwise have a decent professional relationship. That said with a Brownsville premises liability lawyer, you can quickly determine whether a lawsuit is warranted or not.
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You have the right to file a slip-and-fall injury claim if the situation and evidence can support a claim.
The injury itself is not grounds for a case; you have to establish fault by demonstrating that the responsible party was negligent. Negligence means the responsible party failed to meet their required level of care, and that said negligence specifically caused your slip and fall and the subsequent injury.
The first step in proving that an individual/company was negligent is to establish that the individual/company had a duty of care for the situation, which resulted in your injury. Essentially this means you have to prove that they should have done something and they didn’t.
For example, a business owner is legally obligated to ensure their premises are free from hazards and to remove any hazards as soon as they become aware of them.
Negligence would constitute a breach of this legal obligation.
Once you establish that the individual or company had a duty of care, you have to demonstrate precisely how they failed to meet that duty of care.
Finally, you must demonstrate that you suffered a genuine injury as a result of your slip and fall, the direct result of this failure to act–or negligence.
You can sue an organization, business, hospital, employer, or public entity individually or as a group if more than one party was responsible for your slip and fall injury. Sometimes accidents take place because of circumstances that are beyond anyone’s control. If a business fulfilled their duty of care, but the accident still took place, you cannot file suit against them.
A Brownsville premises liability attorney is the only one who can evaluate the details of your slip and fall accident to determine if there are grounds for a claim. A lawyer can advise you on whether or not you should pursue legal action.
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Following a devastating 18-wheeler accident, our client sustained life-altering spinal injuries. By illustrating the full extent of the truck driver’s negligence and the impact on our client’s health and future, we secured essential financial relief.
In the state of Texas, a fault system exists, which means all parties involved can be at fault to some degree. You have to prove the other party was at least 50% liable.
Each party’s relative fault is used as a means of comparative negligence. Your percentage of negligence is compared to that of the other company or individual.
In the state of Texas, you have two years to file a claim for a slip and fall accident lawsuit. This is referred to as the statute of limitations and, once it expires, you cannot get any compensation for your injuries.
When you initiate this process, you file your claim in court and the company or individual named, the one deemed responsible or negligent, has an opportunity to respond.
You can settle early on, but if the other party or parties fight your claim, the case moves forward into what is called the Discovery phase, where all involved parties uncover evidence, interview witnesses, etc. After this, a judge can decide upon the case, or it can move forward to trial.
The majority of slip and fall accidents will be settled before a trial. Only one in twenty ever go to court. Most people settle for a favorable sum rather than continuing to litigation because this mitigates their total financial risk.
Many factors impact the potential settlement for a slip and fall injury claim. It can be challenging to predict how much money you might spend in medical care, how much work you will miss as a result of your injury, or what the impact will be long-term. Every case is different, and there are varying physical, emotional, and financial effects of each.
Compensatory damages are those that you receive directly for the financial losses you experienced. These include lost wages, medical treatment for your injuries, any cost of future medical treatments as requested by your doctor, and compensation for pain and suffering. If applicable, you can also include things like future caretaking expenses or disfigurement.
Damages are awarded on how severe the injuries are and how they impact your daily life. Damages can be awarded after a settlement has been negotiated between all involved parties, including their insurance agents and attorneys. A judge or jury can also order it pending trial. A Brownsville Slip and Fall Lawyer is the only person who can realistically evaluate your situation to determine which type of settlement might be fair given the circumstances.
Punitive damages are those awarded to you to punish the responsible party for their negligence. The amount you can win is contingent upon what percentage at fault the other party was found.
The median award for such cases ranges between $3,000 and $75,000.
If you believe you have a case, the deadline in Texas to file a claim for a slip and fall accident is two years. This deadline may seem somewhat lengthy, but if you are dealing with the aftermath of an accident, especially recovery from an injury, deadlines can fly by without you even noticing. To that end, paperwork submissions, deadlines, and evidence gathering are best left to professionals.
That is why you must immediately speak with a Brownsville personal injury lawyer, who can give you the information you need to file before time runs out.