Slip and Fall Lawyer Dallas, TX
One of the most common accidents that cause injuries to victims are slip and fall accidents. In fact, according to statistics from the Centers for Disease Control and Prevention (CDC), approximately one million victims end up at hospitals each year because of injuries sustained in these incidents. Slip and fall accidents can result in devastating injuries that can be difficult to recover from. They are one of the most avoidable types of personal injury accidents, but they are also one of the most easily overlooked. Slip and fall accidents can occur suddenly without warning, and victims often are not able to react in time. Many of those accidents occur right here in Texas. You do have the right to take legal action if you have been a victim of a slip and fall accident that was no fault of your own. If you have suffered injuries in a slip and fall incident, consider speaking with a slip and fall lawyer Dallas, TX clients recommend to find out what legal options you may have.
A slip and fall accident can leave victims with injuries that range from mild to serious. Keep in mind, that even a minor slip and fall incident can cause injuries so severe that the victim dies, such as those that cause serious brain trauma. Other injuries include broken bones and bruising. Head injuries and leg injuries are one of the most common types of injuries that victims experience after an accident, which include sprained wrists and ankles. Factors such as age, previous injuries and underlying conditions can affect how severe an injury from a slip and fall accident is.
Slip and fall accidents can happen anywhere there is a hazardous condition present, including at a residential property, workplace, or business establishment. They are common in public areas, such as hotels, restaurants or near construction sites. Some of the most common causes of a slip and fall accidents that a Dallas, TX slip and fall lawyer sees in the cases he or she handles include:
- Irregularities in walking surfaces: If a floor or walkway has loose boards or tiles, unmarked curbs, or uneven pavement, it raises the risk that a person walking can trip and fall. These hazards are common in construction areas or in an area that is undergoing repairs or remodeling.
- Lack of handrails: Municipalities have specific regulations and guidelines as to where handrails must be installed on ramps and stairways in order to provide people a safe way to go up and down the stairs. These are especially dangerous for elderly people or people with disabilities who rely on properly placed and secure handrails.
- Ladders and step stools: These are some of the most common causes of people falling at the workplace. If a ladder is not folded correctly or placed in a secure location, they can be a hazard to people walking by.
- Liquid on floors: If a liquid that has been spilled on a floor is not quickly cleaned up or cleaned up properly, it creates a dangerous environment for anyone walking in the area. Even a small amount of liquid is enough to cause a person to slip and become injured. An area that has been recently mopped can also lead to an accident if there is a thin layer of liquid on the surface. In many cases, the liquid is hard to detect and this can cause a person to slip and fall.
- Poor or inadequate lighting: Poor lighting is not often thought of as a leading cause of slip and fall accidents, but they shouldn’t be overlooked. In some ways, poor lighting is more difficult to view as a hazard because the different between bad and good lighting can be really subtle. This is especially true in stairways, but any area without sufficient lighting can be dangerous.
- Tripping hazards: Any type of rugs, mats, loose cords, wires, and clutter can create a hazard for anyone trying to navigate through the area. Tripping hazards are common in office, hospital, or construction settings but they can be a hazard in almost any environment.
- Weather conditions: Any type of weather, such as ice and snow, that falls on a walkway should be cleared on a regular basis as it is falling. Rock salt, ice melt, or other type of anti-slipping product should also be applied. Ice is especially dangerous because a thin layer of ice is nearly undetectable and puts anyone walking on it at risk. Once a weather hazard is cleared, the proper signage should be placed to warn people near the area.
As you can see, many of the above listed causes of slip and fall accidents are preventable if business owners, employers, and even homeowners took the time to make sure their premises are free of any of these dangerous issues. It is not enough to get rid of a hazard such as a spilled drink or shaky railway. They must ensure that visible signs are installed and that the area is safe and secure for anyone passing by it. If they fail to do so and a victim is injured as a result, that victim may be able to pursue a premises liability lawsuit against the party who is liable. The victim may be able to be compensated for their medical bills, loss of income, pain and suffering, and more. Unfortunately, sometimes property owners underestimate the dangers of various hazards and don’t follow each of the steps to ensure that they are eliminated.
Fortunately, if you have been injured after being involved in a slip and fall accident, there is a way you can take action against the negligent party and ensure that your rights are protected. To learn more about what type of legal recourse you may have for your slip and fall injuries, contact Brandy Austin Law Firm to speak with a dedicated slip and fall lawyer in Dallas, TX. Call our office for a free consultation today.
How We Can Help
If you have suffered an injury from a slip and fall on a negligent owner property, you may be able to recover compensation for your injuries and losses with the help from a slip and fall lawyer in Dallas, TX at Brandy Austin Law Firm, PLLC. Our team can help you determine whether the owner was negligent and what legal recourse you may have. Using their resources and years of experience, they will conduct a thorough investigation so that the at-fault party is pursued. They will take the time to listen to your account of the incident and talk to the individuals involved. With the assistance and guidance of a top lawyer, you don’t have to worry about handling the most difficult aspects of your case alone.
For most people, when they walk into a friend’s home or through the doors of a business, they don’t usually ponder whether or not their safety might be at risk. In most situations, the person should have no reason to worry that there may be some type of hazard or danger on the premises that could cause them injury or even death.
What Is a Premises Liability Accident?
Accidents that happen because a dangerous situation existed on a property are called premises liability accidents. Slip and fall accidents are one of the most common premises liability incidents that a Texas slip and fall lawyer handles, often because the owner failed to address a hazard. For example, if there is inadequate lighting in a stairway that causes a visitor to fall, the owner could be held liable.
Another instance could be if the owners failed to fix a frayed carpet or loose handrail and a victim falls and is injured. They can also be liable if they failed to clean up a spill, clear ice off a walkway, or failed to put out warning signs up for visitors that these conditions exist.
There are other situations where an owner can be held liable for a victim’s injuries. Fire and smoke injuries are an example. The majority of states or municipalities have laws requiring property owners to have smoke detectors in rental properties, rooming houses, motels, and hotels. If a victim is injured or killed because of a fire or smoke inhalation because an owner failed to have working smoke alarms in place, the owner could be held liable.
That owner may also face criminal charges depending on the circumstances. If you aren’t sure whether you accident was the property owner’s fault, contact a Dallas, TX slip and fall lawyer for a free consultation today.
Is The Property Owner Responsible?
Unfortunately, there are cases where innocent victims are injured because of the negligence of the property owner. As a Dallas slip and fall lawyer may inform clients, under Texas law, it is the responsibility of the owner to properly maintain the property and keep it free of hazards that could endanger the safety of people who enter. If the owner fails at his or her legal responsibility and someone is injured, then the victim may be able to pursue damages against the owner for the losses they suffer because of their injuries.
What if a Warning Sign Was Posted At the Time of a Slip and Fall?
Whether or not compensation is available after a slip and fall will largely depend on the applicable circumstances. One of the most important elements that need to be considered is whether a warning sign was posted near the accident site.
If you slipped and fell in an area where a warning sign was posted, your ability to recover compensation could be affected. As a slip and fall lawyer in Dallas, TX might explain, the important thing to understand is the word ‘could’. Even if a warning sign was posted, damages may be available.
What Should Businesses Do When a Customer Falls on Their Property?
While out shopping, you may slip, fall and injure yourself. After the initial shock and embarrassment, you and the business owner should work together to determine if you sustained harm. Business owners must take specific steps when a customer sustains an injury on their property. A slip and fall lawyer in Dallas, TX, knows how proprietors should navigate and respond to customer slips and falls. Neglecting these steps could violate a person’s legal rights and open the company to litigation.
Summon Medical Help
If a fallen customer has obvious injuries, a store employee should call paramedics to the scene. While waiting for emergency medical services, employees should keep the customer still and comfortable. Workers should try to stop visible bleeding and check the person’s airway if she or he has trouble breathing.
Inspect the Site
A Brandy Austin Law Firm, PLLC slip and fall lawyer in Dallas, TX, knows the importance of investigating the scene of a personal injury. Business owners should inspect the site where the customer fell for hazards. Loose carpet or unsecured cords may trip up unsuspecting shoppers, or they may not notice a puddle on the floor. Either way, employees should try to understand why the person slipped and fell.
Sometimes, business owners do not bear responsibility for dangerous conditions or the injuries they cause. For instance, rain or snow tracked in from outside could cause a slip-and-fall accident. Such conditions could fall outside a business’s control.
Create an Incident Report
Companies should also create incident reports after a customer falls and sustains an injury on their property. The report should include details such as the person’s name and contact information, where the fall happened, existing conditions, injuries suffered and where the person received medical care. If anyone witnessed the accident, the report should include their statement. Businesses may also take images of the incident site to serve as supplementary documentation.
Secure Legal Assistance
After a slip-and-fall incident, a business may turn to a legal representative for advice. If so, the business owner may say nothing that resembles an admission of responsibility. Injured customers may need to direct all their questions to the store’s legal advocate, so it could make sense for victims to secure experienced help and insight from their own slip and fall lawyer in Dallas, TX.
Brandy Austin Law Firm, PLLC, knows when business owners err in their responsibilities to keep customers safe. Their experience and resources help injured customers protect their rights and receive fair compensation.
Can You File a Claim?
If a warning sign was posted at the location of your slip and fall, please call a Dallas, Texas slip and fall lawyer who will consider the following:
- The conditions of the entire premises
- The amount of time the floor presented a hazardous or dangerous condition
- Whether the floor was hazardous from a spill shortly before, or had the spill been there for a while?
- How much time had lapsed between the dangerous conditions and the slip and fall?
- Was a store manager or other employee inspecting the area? If so, how often?
- Are the legal obligations that require the premises to post a warning sign?
- What are the legal requirements of a warning sign?
- How large was the sign? Was it noticeable?
- Was the sign posted in an obviously visible location?
- Are there photos or footage?
When a warning sign was posted at the time of a slip and fall, a lawyer will likely ask questions like these to determine whether you have a case. In addition to these considerations, witnesses may be contacted, as well as investigators.
Could a Posted Warning Sign Affect Your Slip and Fall Case?
If you slipped and fell where a warning sign was present, the ability to file a legal claim could be hindered. More than likely, the defending side will use this fact to suggest the premises were adhering to their duty of care. They posted the sign; therefore was being responsible and cannot be liable for a slip and fall accident. A respected Dallas, TX slip and fall lawyer might argue the sign was not visible, could not be read, or was in the wrong location.
As you might see, a case like this will very likely be complicated. You should not assume you don’t have a case if a warning sign was posted. Rather, you should reach out to our firm for a case review. Let us help you explore what options may be available to you.
Contact a Texas Slip and Fall Attorney
If you or a family member has been injured in a slip and fall accident, or other premises liability accidents, contact our team immediately. Even if there is some question of the owner’s liability, a Dallas, TX slip and fall lawyer in Dallas at Brandy Austin Law Firm, PLLC can evaluate your case and determine what type of legal options you might have.
When experiencing an accident, it may be in your best interest to reach out to a slip and fall lawyer Dallas, TX accident victims trust for assistance in taking legal action. Taking a fall can leave an impact on both victims and families, and if negligence was a factor, you deserve compensation for the losses you are left to bear. You shouldn’t shoulder these alone, and our team at Brandy Austin Law Firm, PLLC, can provide you with the premier legal services you need during this difficult time.
Slip and Fall Accidents Are Common
Whether you were walking down a sidewalk, the aisle of a grocery store, or on someone’s property, a slip and fall can occur without notice. Tripping over debris and slipping on water are just a few hazards that can be dangerous and incredibly common. According to the CDC, each year, 29 million people experience falls. Of these, millions visit emergency rooms for medical attention each year. Unfortunately, slip and fall accidents can result in significant injuries and can be fatal in some circumstances. Common injuries an accident victim can suffer from include:
-Spinal Cord Injuries
While it may be evident that a victim has sustained an injury, our Dallas, TX slip and fall lawyers share that injuries may be underlying, or not apparent at first. Medical care is critical to ensure that injuries are properly diagnosed and treated to ensure that victims receive the best possible care.
Asking for Damages
Once you have received medical care, your thoughts may turn to whether you can seek damages for the accident. Damages are a type of compensation available to victims in personal injury to make up for the losses that have been incurred. Your lawyer will value your case and determine a fair amount to ask for. Damages victims of slip and fall accidents suffer from include:
-Cost of medical care
-Loss of income (present and future)
-Loss of companionship
To ensure that you are compensated for all the losses you are facing, it may be necessary to contact a lawyer for guidance. They will work closely with you to determine your case’s value and negotiate towards a settlement with the insurance company.
Do I Need a Referral for Physical Therapy?
In addition to contacting a slip and fall lawyer from Dallas, TX, you may want to contact a physical therapist.
Unfortunately, injuries can take some time to heal and physical therapy can help you in the healing process.
Starting physical therapy involves scheduling an evaluation visit to assess an appropriate treatment plan and schedule. Still, before you begin, you may wonder if you need to provide your therapist with a physician referral. The answer depends on various factors.
Tips for Winning Your Slip and Fall Case
A fall can have a devastating impact on your quality of life — depending on your injuries, you may experience severe pain and be unable to perform certain tasks following the incident. Brandy Austin Law Firm, PLLC is dedicated to helping you win your slip and fall personal injury case, and there are a few ways to ensure that your claim is as effective as possible. When working with a slip and fall lawyer in Dallas, TX, here are a few tips that can go a long way in making your claim a successful one.
Nobody ever asks to be injured, especially after a fall. One of the best ways to make your claim effective is to show that you were not responsible for the incident and subsequent fall. When dealing with situations like these (referred to as “comparative negligence”), you need to show that you weren’t engaging in any activity that could have lead to the fall; for example, you may need to clarify that you were completely alert and paying attention to where you were walking instead of a distraction like your phone. Furthermore, you need to establish your reason for being in a potentially dangerous area and assess whether or not there were warning signs present for you to notice. All of this can go a long way in proving your case.
Your slip and fall lawyer in Dallas, TX, needs to prove that not only were you being responsible and in no way trying to cause yourself injury, but that the defendant is liable for what happened. There are a number of ways to prove liability in these cases: the defendant may not have presented visible warnings to deter people from being in the area, or they may have been negligent in routinely checking the area for potential hazards. Your lawyer may also assess whether or not the defendant could have taken any additional measures to make the area safer, such as improved lighting or attending to ceiling leakage.
Cooperating With Your Lawyer
Your legal team is going to need clear, consistent information from you regarding the fall, so be sure to cooperate with them. Only provide information that you are 100% certain of, and don’t try to fill in any gaps that you can’t remember. The more stable and accurate your statements are, the better your team can pinpoint the defendant’s liability and win your case. Above all, don’t try to consult with the defendant on your own for any reason; communications should be carried out by each party’s respective legal team. This can help prevent misinformation and deters the defendant’s legal team from trying to use any information you offer against you later in court.
Handling a slip and fall case can be stressful, but Brandy Austin Law Firm, PLLC is here to help. We’re here to offer the best slip and fall lawyer in Dallas, TX, to help you win your case and get your life back on track.
Where You Live
The state where you live could determine whether or not you need a physical therapy referral from your physician before you begin your sessions. All states allow direct access to therapy, which means that you do not need a referral. Still, this does not mean that you can obtain an infinite number of visits under all circumstances.
Only eighteen states allow unrestricted patient access to physical therapy. Patients in those states can go directly to a therapist for an evaluation and treatment; they do not require a prescription, referral, or input from a medical doctor. Physical therapists in unrestricted-access states bear the burden of deciding if a patient needs medical intervention and whether or not therapy is beneficial.
Twenty-eight states and the District of Columbia give patients direct access to physical therapy with provisions. Patients can usually receive up to ten sessions with a physical therapist who must determine whether or not they are helpful or if further or additional treatments are necessary. If either is the case, the therapist must obtain a referral from a medical doctor to continue or adjust therapy.
Three states give patients limited direct access, allowing physical therapists to evaluate and provide fitness and wellness services, but limiting treatment without a physician referral. For patients with previously diagnosed conditions that can benefit from physical therapy, therapists must provide the diagnosing physician with a treatment plan within fifteen days from the therapy start date and no more than ninety days from the original diagnosis date. Contact a slip and fall lawyer in Dallas, Texas today to figure out what access you have to physical therapists.
Although most states do not require patients to obtain a physician referral to obtain physical therapy, this does not mean that all insurance providers will cover treatment without a referral. Most insurance policies obtained under the Affordable Care Act or Insurance Marketplace include coverage for physical therapy, but all other insurers have unique coverage rules for physical therapy. If you have a health insurance policy from a private carrier or through your workplace, knowing its coverage terms will ensure that you can obtain the full extent of the benefits available to receive the therapy you need.
If you suspect that physical therapy can alleviate your pain, improve your range of motion, or address other troubling symptoms, schedule a time to consult with a knowledgeable physical therapist who can guide you about how to proceed. Consult Dallas, TX slip and fall lawyer at the Brandy Austin Law Firm.
How Can You Choose the Right Slip and Fall Lawyer in Dallas TX?
Slip and fall cases can be very complex to prove. They require gathering extensive evidence and showing that you weren’t at fault for what happened. This means you need an experienced slip and fall lawyer Dallas, TX, to handle your case. What should you look for in a lawyer? Why can you trust the professionals at Brandy Austin Law Firm, PLLC?
Specific Experience With Slip and Fall Lawsuits
There are many good lawyers in Dallas, but not all are a good fit for your case. For example, just because you have a divorce lawyer you trust doesn’t mean they have the experience needed for personal injury lawsuits. The complexity of this type of case means you should focus on a slip and fall lawyer Dallas, TX.
Success With Slip and Fall Cases
The next step is making sure your attorney has won slip and fall cases before. Someone fresh out of law school may know a bit about personal injuries, but they generally don’t have the experience or the reputation necessary to negotiate successfully with insurance companies. At Brandy Austin Law Firm, PLLC, we have extensive experience with slip and fall lawsuits and a great track record of obtaining compensation for our clients.
Injuries for car accidents are often settled out of court. With slip and fall cases, this doesn’t always happen. If a business owner wants to fight, you may have to go to court to get the financial compensation you deserve. In that case, you want a slip and fall lawyer Dallas, TX, that has experience in the courtroom.
Why is this important? Litigation lawyers can gather evidence, interview witnesses, get testimony from medical experts and take other measures to build a strong case. This can increase your chances of winning significantly.
Care and Dedication to Your Needs
Beyond statistics, you should also look for a law firm that makes you feel comfortable. You can tell right away when a lawyer wants to help you. A caring slip and fall lawyer Dallas, TX, takes the time to listen to you, understand all of the medical expenses and injuries you’re dealing with, and find out what type of compensation would improve your life. You want a lawyer that is giving you 100% attention.
When you have to go to court, it’s often in your interests to have lawyers that charge you on a contingency basis. They only charge for services if they win your case. This helps you avoid legal fees ahead of time.
The Services Our Firm Provides
When a person falls victim to a slip and fall, it may be necessary to seek legal guidance from a law firm with experience. The process can be complicated, and you will surely want to ensure that you are taking proper steps to reach a favorable resolution when taking legal action. Our firm can help you every step of the way by:
-Making sure that the appropriate paperwork is completed and submitted promptly
-Reviewing your case and determining the proper value of your case
-Making sure that the statute of limitations does not pass you by before you can take action
-Keeping you up to date every step of the way and advising you over the best way to move forward
-Making ourselves available to you to answer the questions you are sure to have about the process and beyond
While the sounds of a slip and fall accident may seem minor, many victims walk away with injuries that can be far more substantial than a few bumps and bruises. The long term impact can, in some cases, be incredibly difficult to recover from. In some situations, the injuries may even leave a victim forever impaired, requiring extensive rehabilitative services and long term care. Brandy Austin Law Firm, PLLC wants to help you protect your rights and ensure that you receive the help you need. To schedule a consultation with our Dallas, Texas slip and fall lawyer, call us as soon as possible.