Although car accidents are the most common personal injury lawsuits, slip and fall accidents are a close second. If you have been injured in a slip and fall accident, then you will need the expertise of a slip and fall lawyer to help you with your case. Even those these cases seem simple, getting compensation for these claims can be a challenge. Here are some things to expect when you hire a lawyer
Five Things to Expect When Hiring a Slip and Fall Lawyer
1. Proving Liability
The biggest part of your case will be proving liability. In general, proving liability in a slip-and-fall case means proving that the property owner had a responsibility to your safety and that their inability to follow appropriate protocols lead to your accident. For example, if you fall in a store because of a slippery floor, you may need to prove that no sign indicated you should walk carefully.
Proving liability is different based on where you are injured. For example, if you are injured in a fall at work, such as at a construction site, then you will need to prove that your employer does not follow OSHA standards for safety and that this negligence resulted in your fall. This portion of your case will need to be assessed by a slip and fall lawyer to decide whether or not you deserve compensation for your accident.
2. Proving Negligence
Proving negligence is another element you should expect for your case. After liability responsibility is determined, the next portion of your case is to prove that the responsible party was negligent in their property management or safety protocols, which is what led to your accident and injury. Slip and fall cases rely on this aspect of proving negligence.
For example, you will need to prove that a property owner or property manager knew about a risk and did not take any measures to prevent accidents. If you are on private property, and you slip and fall in a hazardous location the property owner knew of, then the property owner is guilty of negligence. Of course, negligence can be difficult to prove so it’s essential to gather all evidence related to your case.
3. Lawsuits Against Government
In Texas, you cannot usually sue the government for slip and fall cases because the state government has sovereign immunity. However, there are some exceptions where individuals may be able to sue the state for injuries. For example, you may be able to sue the government if your slip and fall involved misuse of personal property or occurred on city-owned properties.
Accidents occurring on city-owned properties can include injuries that happen when you pay to use a property, such as public parks for a party, or if you’re injured on city-owned property during recreational activities, such as a basketball court. City-owned properties must be properly maintained to ensure the safety of all visitors. If you have a slip and fall accident on government property and there is evidence that the government did not properly maintain the property, then the government is liable for injuries.
4. Worker’s Compensation
Many slip and fall accidents will occur as a result of injuries at work. Texas employers are not obligated to provide worker’s compensation insurance, which can make it difficult to claim compensation if you have been injured at work. Just like any other case involving a slip and fall accident, you need to prove that your employer did not follow safety protocols that could have prevented an accident.
If your employer is refusing to award workers’ compensation or if you’ve been fired because of your injuries, then you will need the help of a slip and fall accident lawyer in Houston to ensure that you can receive the compensation that you deserve. Worker’s compensation claims can be difficult to win in Texas, but the help of an expert lawyer will be crucial in receiving your compensation.
5. Statute of Limitations
Just like any other personal injury lawsuit, you will have a statute of limitations for how long you will be able to file a lawsuit for your injury claims. For this type of accident, you may have up to two years to file a claim. If you are suing the government, you may have only 30 to 45 days to make a claim. If you miss the statute of limitations on your slip and fall injury, then you will not be able to file a lawsuit to receive any compensation.
If you have been injured in a slip and fall accident, then you will need the expert knowledge of a lawyer who has tried slip and fall cases. People who are injured in slip and fall accidents seek compensation for medical bills, ongoing treatment, and lost wages. You should expect the burden of proving liability and negligence when you file a lawsuit. You may be able to sue the state government if you are injured on city-owned property.