Slip and fall accidents are a common occurrence that can result in serious injuries for victims. In Dallas, many slips and falls happen in public places like grocery stores, restaurants, and other businesses. Victims often suffer sprains, fractures, traumatic brain injuries, and back injuries that require extensive medical treatment and recovery time.
Too often, victims struggle to get the compensation they deserve from insurance companies. Big corporations often try to avoid liability and make lowball settlement offers. This is why it is critical for victims to have strong legal representation to fight for their rights.
At Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., our experienced personal injury attorneys have a proven track record of success in slip and fall cases. We know how to build strong arguments to prove liability and maximize compensation for our clients.
Why Choose Us for Your Slip and Fall Case?
If you or a loved one has suffered an injury in a slip and fall accident in Dallas, choosing the right law firm is critical. Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. has the knowledge, resources, and dedication to provide the strongest legal advocacy for your case. Here are some key reasons to choose us:
- Proven Track Record: Our attorneys have decades of combined experience handling successful slip and fall cases of all sizes. We know what it takes to prove liability, overcome defenses, and maximize compensation.
- We Go the Extra Mile: At Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., we treat every client like family. We will diligently investigate your case, leaving no stone unturned. You can trust us to always go above and beyond.
- You Pay Nothing Upfront: We take cases on a contingency fee basis. This means you pay nothing until we win your case. Our payment only comes from the compensation we obtain for you.
- We Are Trial-Tested: Insurance companies know we are not afraid to take a case to court if needed. This gives us leverage in negotiations; they know we have the ability and resources to win at trial. We fight relentlessly for our clients.
- Client-Focused Approach: We understand this is an extremely difficult time. We offer transparent communication and customized attention to address all your needs. Your recovery and well-being is our priority.
Therefore, if you have been negatively impacted by a slip and fall accident, do not take chances with your claim. Reach out to us today to have your right to full and fair compensation protected.
What constitutes a slip and fall accident?
A slip and fall accident refers to an incident where a person slips, trips, or falls as a result of a dangerous or hazardous condition on someone else’s property. This could involve slipping on a wet floor, tripping over an uneven sidewalk, falling down stairs, etc.
Common slip and fall accidents include:
- Slipping on liquid spills or grease in a grocery store
- Tripping over torn carpeting in an office building
- Falling down stairs with loose handrails at an apartment complex
To have a valid claim, the victim must prove the property owner failed to take reasonable precautions to protect people lawfully on the premises from dangerous conditions.
What are the most common causes of slip and fall accidents in Dallas?
The leading causes of slip and fall accidents in Dallas include:
- Wet or greasy floors – Spilled liquids that are not cleaned up promptly account for many grocery/big box store accidents. Kitchen floors in restaurants with grease buildup also pose risks.
- Poor lighting – Dimly lit parking garages, aisles, stairs, or other areas can obscure tripping hazards and make falls more likely.
- Clutter – Items left in walkways, such as boxes in storerooms or belongings in office corridors, are tripping dangers.
- Potholes/cracks – Crumbling pavement, broken sidewalks, and steps with poor maintenance frequently precipitate accidents.
- Debris – Litter-like fallen tree branches or spilled debris on floors that are not removed causes many outside slips and falls.
- No handrails – Missing or broken handrails on stairs and steps pose major risks for falls.
Premises liability law in Texas means property owners must address hazards through proper maintenance, cleaning, lighting, and repairs.
What types of injuries occur in slip and fall accidents?
Slip and fall accidents often result in severe injuries like:
- Head injuries – Traumatic brain injuries, concussions, skull fractures.
- Broken bones – Fractures in the arm, wrist, hip, leg, or ankle bones.
- Spinal cord injuries – Herniated discs, paralysis due to vertebrae damage.
- Shoulder and rotator cuff injuries – Dislocations, tendon/muscle tears.
- Knee injuries– Meniscus tears, dislocations, sprains, fractures.
Permanent disabilities or even death can occur in catastrophic stairway falls or cases involving elderly victims. Quick medical treatment is crucial.
What compensation is available in a Texas slip and fall claim?
Injured slip and fall victims can recover:
- Medical expenses – All hospital, rehab, therapy, and other medical costs, both current and future.
- Lost wages – Salary/income lost due to missing work during recovery.
- Loss of future earning capacity – If permanent disabilities limit the ability to work.
- Pain and suffering – Compensation for physical pain caused by injuries.
- Out-of-pocket costs – Medications, assistive devices like wheelchairs or crutches.
- Wrongful death damages – Financial compensation to surviving family members if the accident is fatal.
Punitive damages may also be awarded if negligence is gross, reckless, or intentional.
Is there a time limit to file a Texas slip and fall lawsuit?
Yes, under Texas law there is a two-year statute of limitations to file a slip and fall lawsuit after the accident date. This means injured victims have 24 months from the date of their fall to take legal action or the right to sue is usually waived.
Generally, it is imperative to speak with a slip and fall accident lawyer in Dallas immediately after a major fall so evidence can be preserved, and the complex legal process can begin promptly.
What key evidence must be preserved?
Vital evidence to preserve after a slip and fall includes:
- Photographs/video – Of the hazardous area, site conditions, and any visible injuries. Provides proof of the dangerous condition.
- Police report – If officers responded to the scene, get a copy of the official report.
- Eyewitness accounts – Get contact info for anyone who saw the fall occur. Their testimony can prove fault.
- Footwear – Shoes worn at the time of the fall may show wear patterns indicating issues.
- Medical records – All hospital or doctor records related to injuries, treatment, and prognosis.
Promptly preserving all evidence is essential for getting compensation later. Do not throw away or clean any clothing or shoes until your attorney has seen them.
Slip and Fall Accident Lawyer in Dallas: Does it matter if I was partially at fault for a slip and fall?
Texas follows modified comparative negligence rules. This means you can still recover slip and fall damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault.
For example, if you recover $100,000 in damages but were 20% at fault, you would receive $80,000. However, if you are 50% or more at fault, you recover nothing.
An experienced attorney knows how to minimize your liability so you still recover maximum damages.
Is a slip and fall always the property owner’s fault?
No, fault must still be proven.
A property owner is not automatically liable simply because an accident happened on their premises.
Factors that must be established to show fault include:
- The owner created the dangerous condition or knew about it but did nothing.
- The owner should have reasonably known of the unsafe condition.
- Property defects, frequent leaks, or lack of maintenance contributed.
- The owner failed to use acceptable safety procedures and did not exercise reasonable care.
- There were no warnings, barricades, signs, or directions to avoid the area.
Merely slipping and falling does not entitle an injured victim to compensation. A Dallas slip and fall accident law firm representing the victim must still build a solid liability case.
Can I afford a slip and fall accident lawyer in Dallas?
Yes. Personal injury attorneys handling slip and fall cases provide a free, no-obligation consultation, and represent clients on a contingency fee basis.
This means you pay no upfront legal fees whatsoever. The attorney only gets paid if the case successfully settles or wins a verdict at trial. Their fee is a percentage (usually 33-40%) of the final compensation amount.
Reputable Dallas slip and fall attorneys want to take cases they believe have merit and a good chance of winning. They advance all litigation costs needed to pursue maximum damages. You take on no financial risk by hiring an attorney.
What makes a strong slip and fall case in Dallas?
Factors that increase the value and likelihood of winning a Texas slip and fall case include:
- Serious, documented injuries requiring extensive medical treatment.
- Lost income and other economic damages exceeding $100,000.
- Permanent impairment or disabilities reducing the quality of life.
- Gross negligence and glaring code violations by the property owner.
- Strong evidence definitively proving fault and responsibility.
- An experienced attorney who specializes in slip and fall accidents and is familiar with the local venue and laws. While it is still possible to win your case with a skilled Dallas car accident lawyer representing you, your likelihood of winning will increase exponentially by choosing a slip and fall accident lawyer who specializes in handling cases like yours.
- Witnesses and expert opinions supporting your version of the accident.
- No liability disputes over comparative fault.
- Sympathetic victim that a jury can relate to.
Maximizing provable damages is key to getting top compensation in settlement negotiations or at trial.
How long do slip and fall cases take in Dallas?
Dallas slip and fall claims typically take 12-24 months to resolve through settlement before trial. If a satisfactory settlement offer is not made and your attorney files a lawsuit, expect the process to take closer to 2+ years through trial and appeals.
Major factors affecting the timeline include:
- The extent of medical treatment and time to reach maximum recovery.
- The amount of evidence needing to be collected and analyzed.
- How backed up the court’s docket and schedule are.
- The willingness of the defense to engage in settlement talks.
- The number of expert witnesses and doctors needing to be deposed.
- Appeals process if the verdict is challenged.
Patience is key, as most decent-sized cases rarely settle quickly. Have realistic expectations of the process.
Can I negotiate a settlement without a slip and fall accident lawyer in Dallas?
Attempting slip and fall negotiations without an attorney is extremely unwise. Insurance carriers will try to pay as little as possible.
An experienced slip and fall accident lawyer in Dallas knows how to achieve full and fair compensation in settlement talks by:
- Thoroughly investigating and documenting every damaged element.
- Retaining only the most credible expert witnesses.
- Aggressively negotiating from a position of strength.
- Being prepared to take the case to trial if needed.
- Detailing future costs and lifelong effects of injuries/disabilities.
Do not trust a claims adjuster to look out for your best interests. Their job is to minimize what the insurer pays out.
How much is my slip and fall case worth?
Every Dallas slip and fall case is different, but several factors impact the potential case value. These include:
- Level of available insurance coverage to pay a judgment.
- Total of all economic damages – current and future.
- The severity of physical injuries and quality of medical evidence.
- Fault apportionment and comparative negligence assigned.
- Strong evidence and credible witnesses proving liability.
- Overall ability and reputation of your attorney.
- Defendants’ resources to pay damages.
- Intangible pain and suffering amounts.
- If punitive damages can be justified.
Estimating a total dollar figure this early is difficult. Your attorney will value the case more accurately once evidence is collected.
When should I accept a slip and fall settlement offer?
There is no simple formula for deciding when to accept an insurer’s settlement offer. It requires extensive legal experience.
In general, just as a truck accident lawyer in Dallas would advise you with respect to truck accident and settlement offers, you should stick to the following guidelines:
- Do not settle until you reach maximum medical recovery, know your prognosis, and have hard numbers supporting all current and future damages.
- Consider whether a trial could produce a larger verdict, but also may deliver nothing if the case is weaker than believed.
- Understand that trial opens up further pretrial discovery exposing your own liability and fault issues.
- Weigh the risks of a lower court judgment and automatic appeals right of the defense versus taking a decent settlement offer providing funds today.
Your attorney will discuss all the pros and cons so you can make the most informed decision that is right for your situation.
What are the most common defenses in slip and fall cases?
The insurance defense will raise any plausible arguments to disprove liability. Common defenses include:
- Lack of knowledge – That the hazard was not known, or just developed so no cleanup was reasonable yet.
- Open and obvious – That the dangerous floor was obvious and you could have avoided it if reasonably careful.
- Failure to adhere to safety practices – Such as company rules like “wet floor” warning signs.
- Lack of causation – That the fall actually was not due to conditions, but related to a medical event or other factor like cell phone distraction.
- Comparative negligence – Arguments that your own negligence in part caused the fall.
How do I choose the best slip and fall accident lawyer in Dallas?
Tips for choosing an attorney:
- Select one focusing solely on personal injury and slip & fall litigation.
- Look for extensive trial experience and a history of large settlements/verdicts.
- Ask about their success record taking difficult cases to verdict when needed.
- Find someone you are comfortable with and can be direct and honest with.
- Choose an attorney with resources to take on big insurers, if needed.
- Check reviews and attorney rating services to verify reputation and excellence.
Do not retain anyone promising specific results or pressuring you to sign a contract immediately. Interview multiple attorneys before deciding. Your slip and fall accident lawyer in Dallas can have an enormous impact on maximizing your compensation, so choose very carefully!
To learn more about how we can help with your slip and fall accident case, please call us at (713) 804-8149 or complete our contact form today. Our experienced personal injury attorneys provide free consultations and personalized attention to each case. We fight passionately for maximum compensation so you can focus on your recovery.
Contact Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.now to get started.
Talk to a Firm That's Earned a National Reputation
SCHEDULE A FREE CASE REVIEW TODAY!
REQUEST YOUR FREE CONSULTATION