Evidence Needed To File A Slip Fall Claim

Know that the owner of the property will likely argue that you share some responsibility for your accident before you file an insurance claim or a lawsuit over your slip and fall. If this argument works, a significant amount of any court compensation may be withheld (as well as a finding of shared fault, which will likely lower the value of your settlement).

For example, the landlord may make the following point:

• You were on a part of the property where visitors aren’t usually allowed, or aren’t usually expected to be.
• You weren’t paying attention to where you were walking (you were using your phone, for example).
• You were wearing footwear that was inappropriate or even unsafe for the situation.
• The dangerous condition was cordoned off by cones and signage (reasonable steps were taken to protect visitors, in other words).
• The dangerous condition should have been obvious to you.

If your slip and fall case goes to trial in Texas, the state’s “modified comparative negligence rule” will decide how much money you can get from the property owner.

Any compensation you receive under this rule will be reduced by a percentage of your fault, as long as your percentage is 50 percent or less. Let’s assume the jury finds you 20% responsible for your fall. They also discover that your damages total $50,000. In this case, the property owner will be responsible for only $40,000 (that is, the original $50,000 minus 20 percent).

If you’re found to be responsible for more than 50% of the blame in a slip and fall accident in Texas, you won’t receive any money from the property owner or anybody else.

Even if your claim does not reach trial, Texas’s comparative negligence rule will play a role. When you’re in the middle of negotiations, your property owner’s insurance company (and/or their lawyer) will be thinking about these shared responsibility standards, since they are concerned with what may happen if your case goes to court. Any settlement offer from the other side will most likely reflect the other side’s perspective of your role in causing your own slip and fall accident, according to Texas’s shared blame laws. As a result, the need to build an effective case against the property owner becomes all the more important.

Evidence Needed In A Slip And Fall Case

As previously mentioned there are specific evidentiary standards in Texas that a slip and fall accident victim must fulfill in order to sue a property owner for damages.

Types Of Evidence

You should consider collecting the following sorts of evidence as soon as possible after an accident:

• Photographs

   – Because hazards are generally removed promptly following an accident, or hazard warnings are put up after the fact, you should snap photographs of the source of your fall and any injuries before this evidence is lost. You should also shoot images of your injuries.

• Witness Details

   – Independent witnesses may be critical because a business owner will generally have a unique viewpoint on them. Get their name and contact information so they can be reached at a later time.

• CCTV – There may be CCTV cameras in the area that recorded the event. Make a note of any video cameras you can see and request a copy of the tape if possible.

• Incident Reports

   – Places like restaurants and theme parks must complete an incident report, as well as request a copy for your own records.

• Medial Records

   – Even if you believe you can manage without it, you should see a doctor even if you don’t think you need it. Keep all of the medical reports and invoices for future reference.

• Keep A Detailed Diary

   – Keep track of your travel costs, lost time from work, daily discomfort and suffering, any correspondence you have with the relevant parties, and so on. All of this data may help you build a slip and fall case.

How The Evidence Is Used

Your personal injury attorney will utilize the information you’ve gathered, as well as any additional evidence they are able to acquire on your behalf, in support of your slip and fall claim. The facts collected might suggest one or more of the following:

• The property owner was given actual or constructive notice of the hazardous condition.
• The dangerous condition was foreseeable because it was a regular occurrence.
• How much time they had to become aware of the hazardous condition and fix it.
• That the hazard could have been reasonably controlled, e.g., it was not caused by bad weather.
• The facility manager failed to implement adequate health and safety measures that might have identified and addressed the problem.
• The slip and fall accident could have been prevented, for example, by installing a warning sign.

Damages In A Slip And Fall Accident Case

A slip and fall accident victim can pursue all expenses and losses linked with the event, including special damages, general damages, and punitive damages.

• Special Damages

The most basic sorts of damages in a slip and fall case are special damage. All of the victim’s actual losses are considered, including medical expenses, rehabilitation costs, lost income (due to recovery time missed from work), pain and suffering, and property damage. This is why keeping a record of all costs associated with your slip and fall accident is so crucial.

• General Damages

Because they include any future expenses, the determination of general damages is more difficult. The loss of future earnings, comfort, participation in the household, inability to complete basic housekeeping chores, and a loss of any future professional opportunities and advancements are all possibilities. Furthermore, victims may experience anxiety and mental trauma that is likely to persist.

• Punitive Damages

Punitive damages are distinct from other sorts of compensation because they are used to punish the defendant in order to encourage future behavior, although punitive damages are uncommon. Victims can only recover them if a defendant’s actions or inactions were exceptionally hazardous or showed reckless and willful disregard for the safety of others.

Statute Of Limitations On Slip And Falls In Texas

The statute of limitations is a legal provision that sets a deadline on when you have to file a civil lawsuit in the state’s court system following a personal injury accident. The statute of limitations for slip and fall claims in Texas is two years from the date of the incident, according to Texas Civil Practice and Remedies Code 16.003. The statute of limitations for claims for property damage in a slip and fall, such as damaged expensive watch or phone, is again two years from the date of the incident.

The Importance Of A Personal Injury Lawyer For A Slip And Fall Claim

Following a slip and fall accident, gathering evidence and compiling it in order to present it to a judge and jury is not simple. You should seek legal aid to increase your chances of receiving a fair settlement following a slip and fall accident. A personal injury attorney can investigate the accident, interview people who were there, and gather evidence that you may not be able to obtain yourself. They will have the necessary expertise to establish that a property owner was negligent and hence accountable for your damages based on the evidence available. Furthermore, you are unlikely to know how much compensation you qualify for, and you may be forced into accepting a settlement that is far less than what you deserve. Following a slip and fall accident, an attorney can guarantee that you are not taken advantage of and that you receive appropriate compensation.

Call Slip Fall Lawyers of Texas Today

Slip Fall Lawyers of Texas can assist you with what evidence is required for a slip and fall claim if you have any queries. We can evaluate the facts of your case during a free consultation and advise you on your alternatives. 

If you want us to assist you in obtaining the evidence you need to receive a settlement, please contact us at (888) 508-3212.