Slip and fall accidents, in a nutshell, happen when someone slips or trips in a public or private place and gets an injury because of that. They could happen anywhere, but claims often come from falls in businesses.
When someone suffers a slip and fall accident, they often think they can't do anything about it. They think it's their fault. However, things are not always like that.
If a person gets a fall injury because of wet floors, spilled liquids, uneven flooring, and even loose rugs, they can get compensation to cover medical treatment. Why? Because the law requires property owners of public places to make them safe for the people going there
This page is for anyone interested in filing a slip and fall claim in Dallas, Texas. They will learn everything they need to know about this legal process here.
The best way to get compensation for a slip and fall accident is to hire a skilled lawyer experienced in these cases. Schuerger Shunnarah Trial Attorneys works with a team of people more than qualified for the job. Victims can schedule a free consultation with this law firm whenever they want. They cna also help with how to file a lawsuit for personal injury in Texas.
Understanding the Liability in a Slip and Fall Accident
Before filing a slip and fall injury claim, people need to know how the whole liability system works around fall accidents. The property owner of the place where the accident occurred is often the defendant in these cases.
Why is the property owner responsible for a slip and fall accident? Because they are in charge of making their business safe for visitors. The type of visitor that goes to the place determines the duty of care the owner has towards them.
Invitees and licensees, for example, could sue the property owner of an establishment for a slip and fall accident. On the other hand, trespassers have no right to ask for financial benefits.
If it's impossible for property owners to make sure a place is 100% safe, they need to let others know of the hazards of being there. They can do it in any way they want as long as it's accessible to all visitors.
Property owners don't only need to make their establishment a safe place but could just warn people of the dangers of going there. Regardless of that, if they don't warn or fix this properly, they would still be liable for slip and fall accidents in that place.
The perfect example of this is something as simple as slippery floor warnings. They are on the floor where people can see them in a color that stands out from others.
Someone who slips and falls on someone else's property with a clear warning won't get a positive slip-and-fall lawsuit settlement. If the victim wants to win this case, they would need their slip and fall accident attorney to prove the warning wasn't clear at the moment of the accident. They're also able to assist with how to file a lawsuit for a dog bite in Texas.
The Process to File a Slip and Fall Lawsuit
Legally, slip and fall cases are the same as other personal injury cases. People only need to file a claim against the liable party for what happened for them to give them compensation for the accident.
Sometimes, the statute of limitations changes depending on the type of personal injury the victim suffers. The best way to stay aware of this is to consult all the details of the case with a slip-and-fall attorney.
That being said, this is the process people need to follow to file a slip and fall accident lawsuit:
Seek Medical Attention
As it happens in other personal injury claims, people need to seek medical attention before trying to take any kind of legal action. Why? Filing a claim in slip and fall cases means stating how much money the victim needs and the reason why they need it.
Medical records give the victim that reason. Doctors can give victims an estimate of how much money they will spend on medical treatment. Thanks to that, victims can tell the best slip and fall attorney in Dallas to ask the insurance company for that amount.
Get Evidence
Once people have a reason to look for a slip-and-fall settlement, they need to prove those reasons are legitimate. How can they do that? With evidence.
Victims need to prove they got the injuries they need to recover from due to the negligence of the property owner of the place where they fell. Besides that, they must prove they need that specific amount of money to cover medical expenses.
Anything that proves the stated before serves as good evidence. However, the most common pieces of evidence slip and fall accident lawyers use are:
Security camera footage
Photos
Witness statements
Medical records
File a Pre-Suit Demand to the Property Owner
Before fully filing a lawsuit to get a slip-and-fall settlement, victims can try to get compensation through easier methods. Many lawyers like to send pre-suit demands to the negligent parties in a case asking for compensation before starting a litigation process.
If they agree to it, there is no need to file a lawsuit since they will just give the victim what they are asking for. However, if the defendant says the victim can't prove negligence, then they need to go through the next steps of the process.
File the Lawsuit
The statute of limitations for filing a claim to get a slip and fall settlement is two years from the day of the injury. Here, lawyers will file a complaint to a local court with all the details of the case.
When that happens, the court's process server will send the defendant the complaint for them to study it. The defendant needs to send their response to the court for the server to let the plaintiff know about it.
Negotiate or Go to Trial
After filing a lawsuit, both parties go to the discovery phase. There, they share the evidence and information they have on the case. Once they do that, they can choose to do one final negotiation before going to trial.
If they can't get to an agreement that gives the victim enough money for their lost wages and medical bills, slip-and-fall lawyers will take the case to trial.
Wrapping Up - Hire a Slip and Fall Lawyer in Dallas, Texas!
Personal injury trials are overwhelming for people who have never been to one. Hence, victims need a passionate and focused slip-and-fall lawyer who can take care of the situation. The goal of it all is to get fair compensation for medical bills, loss of income, and other personal injuries.
Schuerger Shunnarah Trial Attorneys is used to handling these kinds of cases. Therefore, they already have a fair number of strategies in mind they can use to win the trial. Victims ready to get the compensation they deserve in Dallas, TX, should call this law firm right away.