What to Do if You Fall on Someone's Property in Texas
If you have fallen on someone’s property in Texas and are considering a personal injury claim, understanding your rights and the steps to take is essential.
At The Haslam Firm, with offices in Fort Worth, Texas, and Tulsa, Oklahoma, we’re dedicated to helping individuals who have been injured due to unreasonably dangerous conditions on another person’s property. Property owners have a responsibility to make sure their premises are safe for visitors, and if you suffer an injury, it's important to take immediate action to protect your interests.
In Texas, trip or slip-and-fall accidents can lead to significant injuries, and knowing what to do next can impact the outcome of your personal injury claim. Read on for more information about the necessary steps to take if you fall on someone’s property and how to protect your legal rights in such situations.
Seek Medical Attention Immediately
Regardless of the severity of the fall, seeking medical attention should be your top priority. Even if you believe your injuries are minor, they can worsen over time, and a medical professional can provide an accurate diagnosis. Prompt medical care also establishes a record of your injuries, which will be important for any future personal injury claims.
Some key points to remember when seeking medical care include:
Documenting injuries: Make sure that your doctor thoroughly documents your injuries, including any pain, limitations, or long-term effects.
Following medical advice: Adhere to all prescribed treatments and attend follow-up appointments to avoid complications that could affect your case.
Requesting medical records: Keep a copy of your medical records as they’ll be vital in proving the extent of your injuries.
Having a clear medical record is crucial for substantiating your personal injury claim and assuring that you receive proper compensation. After seeking medical care, the next step is to report the incident.
Report the Incident to the Property Owner
After receiving medical treatment, the next critical step is to report the fall to the property owner or manager. Reporting the incident creates an official record of what happened and can help establish liability. Texas law requires that property owners be notified of injuries on their premises.
When reporting the incident, make sure to:
Provide details of the fall: Be clear about how the fall occurred, including the conditions that led to it, such as wet floors or uneven surfaces.
Request a written report: Ask for a copy of any incident reports that are created, as this will serve as a formal record of the event.
The property owner or manager may deny responsibility or downplay the conditions that led to your fall. Regardless, reporting the incident is crucial to your claim. Moving forward, it’s important to gather evidence to support your case.
Gather Evidence of the Fall
Documenting the scene of the fall and gathering evidence is vital to building a strong personal injury claim. The more evidence you can gather, the better your chances of proving that the property owner was negligent and that their actions contributed to your injury. Take as many pictures as possible, as well as note any conditions that may have caused the fall.
Some key pieces of evidence to collect include:
Photographs of the scene: Capture pictures of the area where you fell, focusing on any hazardous conditions such as wet floors, broken steps, or poor lighting.
Witness statements: If anyone saw your fall, ask them for their contact information and request that they provide a statement about what they witnessed.
Maintenance records: A lawyer can send a letter to the property owner to “preserve evidence” of the condition and prior problems with the condition.
Having solid evidence can greatly strengthen your case and make sure that you have the documentation needed for negotiations or litigation. With your evidence in hand, it’s important to understand the legal requirements of a personal injury claim.
Recognize the Legal Requirements for a Personal Injury Claim
In Texas, personal injury claims are governed by a set of legal rules and deadlines, and understanding these regulations is crucial to assuring your case is handled properly. One important aspect is the statute of limitations, which is the time frame you have to file a claim after the incident occurs. If you wait too long, you may forfeit your right to seek compensation.
Some important legal factors to keep in mind include:
Statute of limitations: In Texas, you typically have two years from the date of the injury to file a personal injury claim.
Proving negligence: You must prove that the property owner was negligent in maintaining the property and that this negligence caused your injury.
Comparative negligence: Texas follows a comparative negligence rule, meaning if you’re partially at fault for the accident, your compensation may be reduced based on your percentage of fault.
In Texas, your status as an invitee, licensee or a trespasser will determine the type of case and questions a jury must answer in your favor to prevail.
Who is the owner, manager or controller of the property determines who and how the case may be pursued.
Filing a personal injury claim in Texas can be a complicated process, so it’s important to be aware of these legal requirements to avoid losing your right to compensation. Next, let’s explore how to evaluate your injury and damages.
Evaluate the Extent of Your Injury and Damages
Understanding the full extent of your injuries and how they impact your life is essential when filing a personal injury claim. Your injuries may require long-term medical treatment, result in lost wages, or affect your ability to perform daily tasks. Evaluating the full scope of your damages helps determine how much compensation you should seek.
Some key factors to evaluate include:
Medical expenses: This includes past and future medical bills, as well as any treatments, surgeries, or rehabilitation that may be required.
Lost wages: If your injuries caused you to miss work, you should account for the wages lost during your recovery period.
Pain and suffering and physical imapirment: You may be entitled to compensation for physical pain, emotional distress, and any decrease in your quality of life due to the injury.
Understanding the total impact of your injury is important when determining the amount of compensation you should seek.
Personal Injury Settlements in Texas
A settlement allows both parties to agree on an amount of compensation, avoiding the lengthy and costly process of litigation. However, the settlement process can be complicated, and it’s crucial to have an attorney who can negotiate on your behalf.
A Board Certified personal injury attorney has the experience to advise you on how to effectively obtain a fair settlement in the same manner as obtaining a jury verdict in your favor
Liability: This is always the most difficult aspect of the premises case and is easy to defend in Texas.
Insurance coverage: The amount of available insurance coverage can affect the settlement amount and who carries the coverage. Many Texas insurance companies are writing exclusions that take away coverage and leave the owner- operator of the proerty without coverage.
Injuries/damages: Your lawyer can help explain the extent of your and your families injuries caused by the negligence of the owner/operator of the property.
A Board Certified personal injury attorney is in the best position to help as they have been approved by Judges, defense or insurance attorneys, and other peers as the best in the business.
Going to Court for Your Personal Injury Claim
If you prepare your case to settle, you either get little compensation or go to trial. If you prepare your case for Trial, often the defense appreciates the risk and will decide to settle for fair compensation.
Why hire an attorney that has not been to Court very often when a Board Certified Attorney is available?
Seek Help From The Haslam Firm
At The Haslam Firm, our experienced personal injury attorneys are committed to helping individuals secure fair compensation for their claims. We serve clients in Dallas, Houston, and many cities/towns in Texas, and Tulsa. Contact us at The Haslam Firm today to schedule a consultation and let us help advise you.