Slip & Fall Lawyers of Texas

Slip & Fall Lawyers of Texas

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How Long Do I Have To File A Slip And Fall Lawsuit In Texas?

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How Long Do I Have To File A Slip And Fall Lawsuit In Texas?

When you have been involved in a slip and fall accident in Texas, it is important to understand the timeframe within which you must file a lawsuit. This article will explore the statute of limitations for slip and fall lawsuits in Texas, the factors that can affect the filing deadline, and the significance of timely action in protecting your rights.

II. Understanding The Statute Of Limitations

A. What Is The Statute Of Limitations?

The statute of limitations refers to the legal time limit within which a person must file a lawsuit. Once the statute of limitations has expired, the injured party is generally barred from seeking legal action.

B. Statute Of Limitations For Slip And Fall Lawsuits In Texas

In Texas, the statute of limitations for filing a slip and fall lawsuit is generally two years from the date of the accident. This means that you have two years from the date of the slip and fall incident to initiate legal proceedings.

III. Factors Affecting The Filing Deadline

A. Discovery Rule

Under the “discovery rule,” the statute of limitations may be extended if the injured party did not immediately discover their injury or the cause of the injury. In slip and fall cases, it is not uncommon for injuries such as soft tissue damage or internal injuries to manifest after the accident. In such cases, the statute of limitations may begin from the date the injury was discovered or should have been reasonably discovered.

For example, suppose you slipped and fell on a wet floor in a grocery store. Initially, you may have only experienced minor discomfort, but over time, you realize that the incident caused significant back pain. In this scenario, the discovery rule may allow you to start the statute of limitations from the date you discovered the extent of your injury.

B. Minors Or Persons With Disabilities

In cases involving minors or individuals with disabilities, the statute of limitations may be tolled, meaning that the clock may not start ticking until the injured party reaches a certain age or has the legal capacity to file a lawsuit. This exception recognizes that children and individuals with disabilities may require additional time or assistance to pursue legal action.

For example, if a child sustains injuries in a slip and fall accident, the statute of limitations may not begin until they reach the age of 18. This gives them a reasonable opportunity to file a lawsuit as an adult.

C. Government Entities

If your slip and fall accident occurred on the government-owned property or involved a government entity, different rules, and shorter deadlines may apply. It is crucial to be aware of specific notice requirements and filing deadlines when pursuing a claim against a government entity.

When filing a claim against a government entity in Texas, you typically have six months to provide written notice of your claim. Failure to comply with these notice requirements may result in the dismissal of your case. It is important to consult with an attorney familiar with the specific procedures and deadlines for suing government entities.

IV. Significance Of Timely Action

A. Preservation Of Evidence

Taking timely action allows for the preservation of crucial evidence related to your slip and fall accident. Evidence such as photographs of the accident scene, witness statements, surveillance footage, and maintenance records can play a crucial role in proving your case. The longer you wait to take legal action, the more likely it is that evidence may be lost or destroyed.

For example, if you slipped and fell in a store due to a hazardous condition, photographs taken immediately after the incident may show the dangerous condition and help establish liability. Delaying the filing of a lawsuit may result in the store fixing the hazard or destroying evidence, making it harder to prove your case.

B. Witness Recollection

Waiting too long to file a lawsuit can also affect the recollection of witnesses. Over time, memories fade, and witnesses may become more difficult to locate. Prompt action increases the likelihood of obtaining accurate witness statements and testimonies, which can strengthen your case.

C. Avoiding Statute Of Limitations Bar

Failing to file a lawsuit within the applicable statute of limitations can result in your case being dismissed by the court. Once the statute of limitations has expired, you lose your right to seek compensation for your injuries through the legal system.

If you attempt to file a lawsuit after the statute of limitations has passed, the defendant can raise the statute of limitations as a defense, and the court is likely to dismiss your case. It is crucial to be aware of the specific time limit and take prompt action to protect your legal rights.

V. Seeking Legal Representation

Given the time-sensitive nature of slip and fall lawsuits, it is advisable to consult with an experienced personal injury attorney as soon as possible after your accident. An attorney can assess the specific circumstances of your case, determine the applicable filing deadline, gather evidence, and guide you through the legal process.

A knowledgeable attorney will have a thorough understanding of the statute of limitations and any exceptions that may apply to your case. They can help ensure that you meet all necessary deadlines and take the appropriate legal steps to protect your rights and maximize your chances of obtaining fair compensation.

VI. Conclusion

Understanding the statute of limitations for slip and fall lawsuits in Texas is crucial in protecting your rights and seeking the compensation you deserve. While the general timeframe is two years from the date of the accident, various factors can affect the filing deadline. Acting promptly by seeking legal representation ensures the preservation of evidence, strengthens your case, and helps you avoid being barred by the statute of limitations. If you have been involved in a slip and fall accident, consult with a knowledgeable personal injury attorney to ensure your rights are protected and to pursue the compensation you are entitled to.

Call Slip Fall Texas at (888) 508-3212 or contact us online to book a free consultation.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 508-3212

Factors That Increase Your Risk Of Slipping And Falling

Most slip and fall incidents are caused by conditions like wet floors, shattered concrete or icy walkways. There are, however, certain health-related factors that might put you at a higher risk of falling. The majority of falls are the result of a combination of causes. If you have two or more of these risk factors, the probability of falling goes up.

Because many of these conditions may be treated, it’s a good idea to consult your doctor if you have any of the following risk factors:

  • Lower body weakness
  • Difficulties with balance and stability
  • Vitamin D deficiency
  • Certain medications, both prescription and over-the-counter
  • Vision problems
  • Foot pain that affects your gait or ability to walk
  • Footwear that affects your stability such as high heels or shoes with slippery soles

Most Common Causes Of Slip And Fall Accidents In The Workplace  

 

More than 17,000 people die every year and many more are seriously injured as a result of slipping, tripping, and falling. However, by adopting simple safety measures, most of these incidents can be avoided.

The following are the dangerous situations that result in the most work-related injuries:

  • Wet/slippery floors caused by spills or ice and snow
  • Uneven floor surfaces
  • Obstacles on the floor in aisles or walkways, including cords, cables and equipment
  • Loose or broken stairs or handrails
  • Inadequate lighting
  • Improper training

Hazards Most Likely To Cause Slip And Fall Accidents In Your Apartment Building

 

In Texas, landlords are required by law to keep their rental apartments free of dangerous conditions that might lead to injury. The following are the most prevalent slip and fall risks in apartment buildings. Any of these factors might result in a slip and fall claim, depending on the circumstances.

  • Damaged or lopsided steps
  • Loose handrails on staircases
  • Icy parking lots or sidewalks
  • Parking lot potholes
  • Broken or uneven concrete on sidewalks or landings
  • Loose mats, rugs or carpets in entryways, laundry rooms and other common areas
  • Slippery surfaces near swimming pools
  • Inadequate lighting
  • Poorly maintained elevators

Contact An Experienced Slip And Fall Lawyer Today

 

If you or a loved one were injured in a slip and fall accident on someone else’s property, get in touch with Slip & Fall Lawyers of Texas as soon as possible. Slip Fall Texas’s legal staff is well-versed in the intricacies of slip and fall claims, and we will fight to get the compensation you deserve.

Slip and fall cases are difficult, but identifying the appropriate slip and fall accident lawyer is straightforward.

To start your case, call Slip Fall Texas at (888) 508-3212 for a free, no-obligation consultation.

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Slip Fall Texas

We help you fight for Justice

We fight to help accident victims who has slipped and fallen in an accident to get back on their feet.

If you’d like to talk with us and ask questions specific to your case, call us at (888) 508-3212 for a free case evaluation.

Have you slipped and fallen in an accident?

We will fight so you can settle for more!

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 508-3212

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