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A majority of slip and fall accidents do not result in personal injuries. However, there are cases where a seemingly minor accident can result in life-changing injuries such as fractures, concussions, severe traumatic brain injuries, etc.
If you suffer such injuries on another person’s property and their negligence is a contributing factor to the accident, you have a right to pursue compensation from the at-fault party.
This guide looks into the elements of a slip and fall accident that you may have to prove to recover compensation in a Texas accident claim.
What Is a Slip and Fall Accident? What Are the Causes?
A slip and fall accident is just as the name suggests. It involves slipping and ultimately falling and sustaining injuries. Accidents resulting from trips can also fall under this category.
They are the most common cause of accidental injuries, with approximately 800,000 people being hospitalized each year nationally for related injuries, according to the Centers for Disease Control and Prevention (CDC).
Causes of slip and fall accidents include poor lighting, loose handrails, spills on floors, ice buildup, debris on the floor, etc.
Elements Of a Texas Slip and Fall Accident Claim
Most slip-and-fall accidents are negligence-based, so when proving a case, you will need to prove all the elements of negligence.
First, you have to prove the defendant owed you a duty of care as soon as you entered their establishment or property legally. Secondly, you will have to prove that they failed to uphold that duty.
You must also show the connection between the breach of care and the accident,
(causation) and that harm resulted from the accident.
Proving The Elements of a Slip and Fall in A Claim
Unfortunately, most people have no idea what to do or not do following an accident, which results in mistakes that compromise the integrity of a claim and, eventually, its outcome.
The first thing you want to do after an accident is to get medical help. Whenever possible, it’s best to call 911 to have paramedics come to the scene. If you do not call 911, ensure you visit the ER on the same day or not more than 72 hours after the accident.
You can still recover compensation if you get medical treatment later, but it only opens up more room for doubts. The medical records obtained in your treatment journey play a critical eventual role, so you will want to keep them safe.
Photographic evidence is critical in proving your case also, so consider taking pictures of your accident, paying attention to the hazards responsible for the accident and injuries suffered. Also, ensure your pictures can help place you at a specific location, which helps prove your duty of care.
Lastly, you want to have a personal injury lawyer handle your case. There is no legal requirement for having one. However, having one makes a huge difference in the outcome, with statistics showing a five-time improvement in outcomes for victims who involve lawyers in their cases.
When To File a Claim
“The sooner you can file a claim, the better. It’s best to wait until you establish the full extent of the damages an accident causes,” says Texas personal injury lawyer Felix Gonzalez.
You also have to ensure you file your claim within Texas’ statute of limitation, which is two years from the date of suffering an accident when filing a claim against a private citizen and six months for personal injury lawsuits against a governmental entity.
