Dallas Slip and Fall Lawyer

Injured in a Slip and Fall? We Can Help.

A Dallas slip and fall lawyer at Benton Accident & Injury Lawyers believes that no one should face the consequences of an accident due to someone else’s negligence. Almost all slip and fall accidents are preventable if given a reasonable warning. When no such warning exists, it is understandable why so many people suffer from these accidents daily.

Connect with us today if you’ve been injured because you had a slip and fall due to someone else’s negligence.

Call our experienced team of Dallas personal injury lawyers today at (214) 777-7777 or contact us online. We do not collect any attorney fees unless we win.

Why You Need a Dallas Slip and Fall Lawyer

If you were injured in a slip and fall incident, you’re already dealing with injuries that may be severe and medical bills that are mounting. You don’t have the time or resources to deal with insurance companies and research the complexities of the law regarding your slip and fall accident. We understand how overwhelming accidents can be and we can help.

Determining Fault

A seasoned slip and fall accident lawyer can help determine who exactly was legally at fault and work with you to build a strong case. Moreover, a lawyer isn’t just there to help you interpret the law. A knowledgeable slip and fall accident attorney can also take depositions, conduct research on your behalf, and deal with insurance companies. It’s important to remember that no matter how overwhelmed you may be, you are not alone.

Knowledge and Know-How

The bottom line is that it is always beneficial to work with a lawyer since a lawyer will always fight to secure the best legal outcome possible. In fact, personal injury victims with legal counsel obtain three times more compensation than those without legal counsel.

Don’t wait to seek representation. The more quickly you contact a slip and fall accident lawyer, the faster they can build a strong case to hold others accountable for your accident.

Call us now at (214) 777-7777 to schedule a no-charge evaluation of your slip and fall accident.

Why Choose Benton Accident & Injury Lawyers to Represent Your Slip and Fall Case?

Benton Accident & Injury Lawyers help the people of Dallas when they get injured. Our personal injury lawyers are knowledgeable and experienced in a large variety of personal injury practice areas. Our legal team wants to get you justice and compensation so you can recover from your injuries and thrive.

Client Testimonials

Our top priority is our relationship with our clients. Our law firm is located in Dallas, and we aim to serve our fellow Texans with authenticity. Check out our testimonials page to see what our past clients have to say about our service and support.

We Get Our Dallas Clients Results

We have recovered millions in compensation for our clients; just check out our personal injury case results page. If we win your personal injury case, our legal team can get you compensation for economic damages like medical bills and lost income, non-economic damages like pain and suffering, and, in certain situations, even punitive damages.

You Don’t Pay Until You Win

We work on your daycare injury case based on a contingency fee, which means we don’t get our fee unless you win your case. We can work with you and your financial situation to pursue a personal injury claim or lawsuit.

Free Consultation & Case Evaluation

After an accident or injury to your child, you might be nervous to speak to a daycare injury lawyer. We want to hear your story, even if you doubt that you might have a case. This is why we offer a no-obligation, free consultation and/or case review for your daycare injury case.

Daycare Abuse Case Investigation

If you have a daycare injury case and want to pursue it, Benton Accident & Injury Lawyers team will investigate your case. We will be by your side throughout the process to help you get justice and the compensation your family needs to recover.

Steps to Take After a Dallas Slip and Fall Accident

When you fall on someone’s property due to dangerous conditions, inadequate repairs, or another careless action, you should take the necessary steps to hold them accountable. You can take steps to protect your rights and ensure that you can recover financial compensation for the injuries you sustained.

At Benton Accident & Injury Lawyers, we have the experience and resources to pursue legal action against business and property owners. They are responsible for keeping their businesses’ interior and exterior safe for visitors. If they don’t perform routine maintenance, remove hazards, or provide adequate warning about any dangers, they should be liable for the injured person’s losses.

Follow These Steps After a Slip and Fall

Step 1

File an incident report with the manager. Include the date, time, location, and how the fall occurred. Be sure to ask for a copy for your records. You should also ask for their liability insurance details or the name of the person you could contact to obtain that information.

Step 2

Take photos of the accident scene. If a wet floor, debris on the floor, an uneven sidewalk, or poor lighting caused your fall, you should take pictures of it as evidence.

Step 3

Talk to witnesses who saw what happened. Write down their names and phone numbers. They can provide witness statements to the insurance company or testify in court if you file a civil lawsuit.

Step 4

Keep evidence from the fall. For example, if you broke your cell phone during the fall incident and need to replace it, don’t get rid of it or the receipt for the replacement. These can be useful evidence to show what costs you incurred.

Step 5

Go to the doctor immediately. Wait for an ambulance to pick you up or get a ride to the hospital. Your injuries should be evaluated completely to determine an appropriate treatment plan. Listen to your doctor’s instructions if your doctor refers you to follow up with anyone. Continue treating until you recover.

Step 6

Hire a Dallas slip and fall attorney. We will handle every step of the legal process so you can focus on healing. We will file an insurance claim and negotiate for a full and fair settlement. If we cannot agree with the insurance company, we will file a lawsuit against the at-fault party.

Call Benton Accident & Injury Lawyers today to schedule a free consultation with a slip and fall attorney in Dallas.

Who Is Responsible for a Slip and Fall Accident?

Determining who is at fault in a slip and fall accident can sometimes be complicated. This is especially true in Texas since state law stipulates that the victim may be partially responsible for an accident. In legal terms, this is called modified comparative negligence. But barring cases where the victim may be partially responsible for their slip and fall accident, the notion of negligence usually dictates who is liable or at fault.

When Is Someone Negligent?

Someone is negligent when they carelessly fail to avoid causing injury or loss to another person. For example, if your landlord fails to fix a leak for several weeks, and then you slip and fall into a puddle, the landlord is negligent. He was aware of the problem but failed to address it, which led to your accident.

What If You Contributed to Your Slip and Fall?

The case may be more complicated if the victim also contributed to the fall. If, for instance, the victim was intoxicated at the time, the victim might be partially responsible for the accident. In Texas, this means that the victim may receive proportionally less compensation for the accident or may not have a valid case at all.

For example, you tripped over an obstacle in the middle of a restaurant floor. If your full medical expenses, treatment, lost wages, and other associated costs were $100,000, you could pursue the full compensation from the property owner. However, if you were found to be 20% at fault for your injuries, you would only be entitled to a maximum of $80,000. The 51% rule also prohibits accident victims from collecting any financial award if they share more than 50% blame.

Most Common Causes of Slip and Fall Accidents

Slip and fall accidents can leave victims with crippling medical debt, lost wages, and lingering physical handicaps. Some of the most common causes of slip and fall accidents include:

• Spilled drinks
• Icy roads or sidewalks
• Wet floors
• Loose materials on the ground
• Low traction shoes
• Uneven pavement
• Potholes in the parking lot
• Inadequate security
• Poor lighting
• Malfunctioning elevators and escalators
• Damaged staircases
• Hazards in the walkway
• Missing or broken handrails

Regardless of how the accident happened, a customer or guest of an establishment should never have to fear injury when entering someone else’s property.

Common Injuries from Slip and Fall Accidents

Physical and emotional trauma can result if you fall in a poorly lit stairwell or get your leg injured by a malfunctioning escalator. Some severe injuries cause chronic pain, requiring ongoing physical therapy or medication. Others result in traumatic brain injuries or a permanent disability that could prevent you from performing routine tasks independently.

The injuries associated with slip and fall accidents can range from minor to severe, but they all typically require some medical intervention to heal. The most common serious injuries sustained in slips and falls include:

• Spinal cord injury
• Traumatic brain injury
• Soft tissue injuries
• Broken bones
• Cuts and lacerations
• Nerve damage
• Muscle strain or sprain
• Torn ligaments

Our Dallas slip and fall lawyers know the suffering you’ve endured. Our legal team understands the stressful financial strain you’re facing while attempting to recover. We will work hard to ensure the at-fault party provides enough financial compensation to pay for the costs associated with your injuries.

What Does a Slip and Fall Accident Investigation Look Like?

Determining who is at fault in a serious slip and fall accident can sometimes be complicated. This is especially true in Texas, where state law recognizes that the victim may be partially responsible for an accident.

In legal terms, this is called modified comparative negligence. Barring cases where the victim may be partially responsible for their slip and fall accident, the theory of negligence usually dictates who is liable or at fault.

When Is Someone Negligent?

Someone is negligent when they carelessly fail to avoid causing injury or loss to another person. For example, if your landlord fails to fix a leak for several weeks, and then you slip and fall into a puddle resulting from that leak, the landlord is negligent. He knew the problem but failed to address it, leading to your accident.

Our legal team will thoroughly investigate the incident and gather any evidence that proves the business owner, property owner, employee, or another person was negligent. When we begin our investigation, some of the crucial evidence we will locate includes:

• Incident report
• Your medical records and bills
• Video surveillance of the fall
• Photos of the accident scene
• Statements from eyewitnesses
• Maintenance and repair reports

Our Dallas slip and fall lawyers will also determine the coverage available through the business’s general liability insurance policy and file a claim. In some situations, a lawsuit might be necessary. Our legal team will review all the details of your case and decide which legal option is best for pursuing the maximum compensation you deserve.

What Are Damages in a Slip and Fall Accident?

You will likely incur damages when you get hurt in a slip and fall accident. Damages are the losses suffered by an injured victim. They fall under two main categories: economic and non-economic. Economic damages are expenses, while non-economic damages refer to the intangible losses experienced after an accident occurs.

Economic Damages

When you file a claim or lawsuit, the economic damages you could seek include:

• Medical bills
• Mental anguish
• Property damage
• Lost wages
• Lost earning capacity
• Pain and suffering
• Out-of-pocket expenses
• Loss of consortium

Non-Economic Damages

Noneconomic damages are often subjective. These factors may come into play when determining a dollar amount due you:

• Type and severity of the injury
• Length of the recovery period
• Impact of the injury on everyday life
• Emotional or mental trauma caused by the incident
• Availability of insurance coverage
• Relevant evidence submitted during the claim
• Disfigurement, disability, or impairment that resulted from the injury
• Degree of the fault of all parties involved

Punitive Damages

If you file a lawsuit against the property or business owner, you can also pursue damages in some instances. Punitive damages, also called “exemplary damages,” are rare and are only available in civil lawsuits pursued by slip and fall lawyers. Instead of compensating the victim for their losses, it punishes the liable party for their actions and aims to deter similar misconduct in the future.

For a jury to award you punitive damages, you must provide clear and convincing evidence that the at-fault person or entity acted with the following:

• Malice is intentionally causing an injury;
• Fraud is intentionally concealing or misrepresenting material facts to deprive another person of their rights or cause injury or
• Gross negligence is an omission or act that creates great risk without regard to the welfare, safety, and rights of others.

Punitive Damages Cap

There is also a cap on the punitive damages you can receive. They may not exceed the greater of:

1. a) $200,000 or
2. b) two times the economic and non-economic damages less than $750,000.

If the jury issues a judgment higher than the cap, the judge will reduce the award to meet the required maximum amount.

Laws That Could Impact a Slip and Fall Case

Whether you choose to file an insurance claim or lawsuit, there are deadlines you must follow. If a deadline passes before you can file, you might lose your chance of pursuing compensation.

State Laws

Although no state laws or statutes regarding insurance claims exist, most insurance policies state a specific timeframe for initiating the process. Some require that you file within 30 days of the accident, while others give you several months. You should check the at-fault party’s liability insurance policy to ensure you begin your claim before time runs out.

Lawsuits

Lawsuits are very different. There’s a strict deadline in Texas known as a statute of limitations. There is a two-year statute of limitations for slip and fall injury cases in Texas. That means you have two years from the injury date to file; otherwise, you will lose your right to do so.

Statute of Limitations

It’s crucial to file your case before the statute runs. Most people file a claim first, and if the insurance company denies it or provides a low settlement offer, they move forward with a lawsuit. Unfortunately, some claims can take years to resolve, and the statute deadline will have already passed by then.

Exceptions to the Statute of Limitations

There are two major exceptions to the two-year statute that could allow you to pursue legal action even after time runs out:

• The defendant left the state before you could file suit. Their absence would not count towards the two-year deadline, and the clock would start once they returned.
• You were legally incompetent or under 18 years old during the fall. The clock would begin once you become competent or turn 18.

Slip and Fall Lawsuits in Dallas

You must choose a legal theory as the basis of your case if you want to pursue a lawsuit. Slip and fall cases typically hinge on the theory of negligence.

The Theory of Negligence

The legal theory of negligence includes five elements that you must prove to recover a financial award:

1. Duty: The at-fault party owed you the duty of care a reasonable person would use under similar circumstances;
2. Breach of duty: The other party failed to perform their duty;
3. Cause, in fact, If it weren’t for their actions or inaction, you wouldn’t have suffered harm;
4. Proximate cause: Their breach directly led to your injury and
5. Damages: You suffered losses as a result.

Find Your Slip and Fall Category

You must also establish which of the following categories apply to you.  You’ll also need to determine if you’re eligible for compensation in your classification:

Licensees have the owner’s consent to be on the property. The owner must warn them of any dangers that could cause harm.

Invitees are people who have implied or expressed an invitation to visit the property for a mutual benefit or something happening on it. The owner’s legal responsibility is to maintain a safe place and warn invitees of hazardous conditions.

Trespassers are those who enter someone’s property without permission. The owner does not owe them any duty to warn them of any possible dangers they could face.

How the Injury Claim Process Works

There’s a specific procedure Benton Accident & Injury Lawyers will follow when we’re handling your insurance claim. We will start by investigating your fall’s cause to determine if someone else was at fault. If we find that the property owner or another party was liable, we will request a copy of their liability insurance policy to determine the amount of coverage available.

Benton Accident & Injury Lawyers Investigates

We will file a claim and obtain evidence proving that you suffered injuries resulting from the incident. Once we complete that step, we will send a demand letter to the insurance company. A demand letter includes relevant details about the case, such as:

• Date, time, and location of the fall
• How it happened
• Who caused it
• Types of Injuries
• Every doctor and facility that provided medical care
• Total expenses incurred
• Settlement amount we are seeking on your behalf

The Insurance Company Will Investigate

The insurance company will perform its investigation and determine if they agree with the findings of our slip and fall lawyers, or want to negotiate for lower compensation. They could also deny the claim if they don’t believe the at-fault party should be liable for your accident.

Remember, the insurance company won’t be on your side. Their job is to save money and settle for as little as possible. They might use intimidation tactics to scare you into accepting whatever settlement they provide, but we won’t let that happen. We’re not afraid to go up against them and fight for the maximum compensation you deserve. If they refuse to settle for a full and fair compensation amount, we will file a lawsuit and take them to court.

Contact a Dallas Slip and Fall Lawyer

If you or someone you know has been involved in a slip and fall accident, you do not have to face the consequences without fair compensation. The legal professionals of Benton Accident & Injury Lawyers strive to assist those wrongfully injured by slip and fall injuries to recover compensation for their medical bills, lost wages, and any other expenses incurred due to the accident.

A slip and fall lawyer from our legal team understands how difficult it is to overcome an accident that was never your fault. Contact us online or call today at (214) 777-7777 to speak with a Benton Accident & Injury Lawyers team member to learn more about what we can do for you.