Slip and Fall Lawyer Houston, TX
Top Slip and Fall Accident Attorney in Houston, TX
A serious injury from a slip and fall accident can happen anywhere, at any time. It’s only natural if you feel embarrassed about your fall, but you should not feel that it was your fault. There are many conditions under which you may recover compensation for damages relating to a slip and fall injury that a property owner might have been able to prevent. Speaking with a slip and fall lawyer Houston is the best course of action for victims to take after fall accidents.
Let our experienced fall accident lawyers at Reich & Binstock determine whether your slip and fall case has grounds for legal action. We have a thorough understanding of Texas personal injury laws, and we also know how insurance companies will work to minimize your recovery. It is important to speak with a slip-and-fall accident lawyer as soon as possible before evidence disappears and witness memories become fuzzy.
To schedule a free consultation with us about your fall accident claim, please call our office today at 713-622-7271.
Slip and Fall Accident Statistics
According to the National Floor Safety Institute, falls make up more than 8 million hospital emergency room visits annually. Other notable statistics include the following.
- Slips and falls represent the main cause of lost days from work.
- They are the leading cause of workers’ compensation claims.
- Over 60% of nursing home residents fall each year.
- The medical costs and compensation for employee slip and fall accidents add up to around $70 billion yearly.
- Non-fatal falls occur in almost every service and manufacturing sector. Most fatal falls, however, occur in the construction, maintenance, and mining sectors.
How Do Slip and Fall Accidents Happen?
There are many instances in which slip and fall accidents can occur. They can happen almost anywhere. Sometimes, they may occur due to a misstep or trip, with no one necessarily at fault.
Other times, though, separate parties may be at fault because of their own negligence or dangerous conditions that could have been prevented.
Injuries from falls on someone else’s property are classified legally as premises liability claims for property owner negligence. If we can prove that a lack of proper maintenance, failure to repair an unsafe condition, or failure to provide adequate safeguards or warnings was a factor in the cause of your fall, you may be able to recover compensation for past, present and future damages.
Common Slip and Fall Related Injuries
Regardless of how or where a slip and fall accident happens, they can potentially cause very serious injuries. Some of the most common injuries sustained by fall victims include the following.
- Traumatic brain injuries: Concussions are among the most common forms of TBIs from fall accidents. Other, more serious injuries include hematomas, hemorrhages, skull fractures, coup-contrecoup brain injuries, and diffuse axonal injuries. Contact a Houston brain injury lawyer for more information.
- Spinal cord injuries: Specific spinal cord injuries include slipped or herniated discs, fractured vertebrae, and pinched nerves. Fall accidents can even cause partial or full paralysis. Contact our back injury attorneys for more information.
- Broken bones: The most commonly broken bones in fall accidents are the hips, lower legs, arms, rib cage, shoulders, and collarbone.
- Neck injuries: Fall accident victims can also suffer damage to the tendons, ligaments, muscles, and spinal cord in the neck. They may also suffer from whiplash.
- Cuts and lacerations: These can be caused by falling on sharp debris, metal, or broken glass.
- Ankle and knee injuries: Fall victims could also suffer from a twisted, sprained, strained, or broken ankle or knee.
- Wrist, elbow, and shoulder injuries: When people try to brace themselves during a fall, they may suffer injuries to the wrist, elbow, or shoulder.
- Facial injuries: Examples of facial injuries include cuts, broken teeth, fractured jaws, broken noses, and eye injuries.
- Chronic pain: Any of the above injuries can also lead to chronic pain for a fall victim.
What To Do After a Slip and Fall Accident
If you have a slip and fall accident, the first thing you should do is report the incident. Whether you report it to a store manager, business owner, or landlord, make sure the person in charge is made aware of your accident. You should also ask them to make a written report documenting the details of the incident and request a copy before you leave.
Next, and perhaps most importantly, seek medical treatment. Injuries from these types of accidents can be severe, and you may not even know the extent of your injuries until you visit a doctor. The sooner you seek medical treatment after a fall, the closer you can tie your injuries to the incident.
After that, call the Houston slip and fall accident attorneys at the law firm of Reich & Binstock. Having an experienced legal team working for you can make all the difference in the outcome of your case, especially since slip and fall accidents are so difficult to prove. Our slip and fall attorneys will consult you about your case and what you can expect going forward with legal action.
In the meantime, keep documentation of everything. This includes not only the written report and medical records, but also witness statements and photographs of where the accident took place. If something like a puddle of water or uneven steps contributed to your fall, take a picture of it.
You may also want to recount your own memory of the incident. Jot down any details you can remember about your surroundings and what occurred, including the date and time. All of this can be used as evidence later in your case.
Also, remember to decline any statements to insurance companies, property owners or managers, or generally anyone who isn’t your attorney. Refrain from placing blame and certainly don’t take any.
How Long Do You Have to Go to the Doctor After a Slip and Fall Accident in Texas?
If you suffered injuries from a slip and fall accident, you should seek medical attention as soon as possible. We recommend visiting a doctor or emergency clinic within 72 hours following the accident.
It is especially important to visit the doctor or ER if you hit your head during the fall. A head injury is extremely serious and can bring severe injuries. What might begin as seemingly normal symptoms, such as headaches, could actually be a sign of mild or moderate brain damage. If you feel drowsy or unusually tired, have difficulty sleeping, or are vomiting following a slip and fall head injury, consult a doctor right away. It’s important to know the symptoms to look for after a fall.
Sometimes after an accident, you may not realize the severity of your injuries until much later. That is why the sooner you visit a doctor, the better.
How Long Do You Have to File a Slip and Fall Injury Claim in Texas?
The personal injury statute of limitations in Texas is two years from the accident date. This deadline applies to claims such as slip and fall injuries.
This may seem like plenty of time, but it can go by before you know it. As soon as the accident occurs, the clock begins ticking. Once that two years has expired, it is too late to file a civil lawsuit against the responsible party.
How Much Is a Slip and Fall Case Worth?
The amount of compensation you can receive from a slip and fall settlement varies greatly. As with most cases, it depends on multiple factors.
First and foremost, the severity of your slip and fall injury will play a large role in how much you can obtain. Relatively minor injuries may fall somewhere on the lower end or below the average. Major injuries, however, can bring a much higher slip and fall injury settlement.
Other important factors that your slip and fall attorney will consider when valuing your case include the following.
- Type and permanence of the injuries you suffered
- The damages you have accumulated as a result, including medical bills, lost wages, and pain and suffering
- The medical treatment you received after the incident
- Whether or not you are partly to blame for the fall
The most important factor in determining the value of your case is the severity of your injuries. As you can imagine, a slip and fall claim involving some cuts and bruises will likely have a much lower value than one involving a fractured spine.
However, the only way to be sure of the value of your claim is to speak with qualified fall accident lawyers. We can evaluate the facts of your case and give you an educated estimate of your case’s value.
What Damages Are Available for Slip and Fall Accident Victims?
Serious fall-related injuries can generate serious medical bills and other damages. Those injured in fall accidents may be able to receive the following forms of economic compensation.
- Current and future medical bills
- Rehabilitation costs
- Current and future lost wages
- Loss of earning capacity
- Prescription medication
- Transportation costs
- Mobility devices like canes, walkers, or wheelchairs
- Costs associated with hiring home help
- Other out-of-pocket expenses
You may also qualify for certain non-economic compensation, such as the following.
- Pain and suffering
- Emotional distress
- Loss of consortium
If you lost a loved one due to negligence and fall hazards, you may have the basis for a wrongful death lawsuit. In wrongful death claims, families can seek compensation for funeral and burial expenses.
How Long Do Slip and Fall Settlements Take?
Similar to how the amount of compensation depends on the factors of the case, so does the timespan of the case. From start to finish, a slip and fall case may take anywhere from a few months to a few years.
The length of time it takes for your premises liability attorney and the at-fault party to agree will hinge on the severity of your injury, the length of treatment in your recovery, and the ability of your slip and fall lawyer to keep the process running smoothly.
Simple, straightforward cases of negligence may settle within 9-12 months after the victim’s medical treatment has concluded. More complicated cases involving severe injuries and multiple defendants may take longer than 12 months to settle.
How Many Slip and Fall Accident Cases Go to Trial in Houston?
Only about 2 percent of slip and fall cases make it to trial. This does not mean that the personal injury attorneys that are representing the injured victim aren’t successful. Instead, most Houston slip and fall cases will likely settle outside of court. This is true for around 95% of all personal injury claims.
This means that the injured plaintiff and the responsible party, through their insurance company, will likely agree upon a negotiated amount. The amount might be a little less than what they might’ve acquired in court, but many people take not going to court as a win in itself. Conversely, the settlement may be more than what you would have won in court. There’s no way to know, in many cases.
Types Of Slip-and-Fall Cases We Handle
Let our experienced Houston slip and fall lawyers determine whether your injury case is worth taking legal action on.
We have a thorough understanding of Texas personal injury laws, and we know how insurance companies work to minimize your recovery. It is important to speak with a Houston slip and fall injury lawyer as soon as possible, before evidence disappears and witness memories become fuzzy.
Our slip and fall lawyers pursue personal injury claims involving the following.
- Wet floors at retail stores and restaurants
- Slippery floors at vacation homes and timeshares
- Obstructive and falling objects at stores and restaurants
- Defective stairs and railings
- Unmarked steps
- Loose tiles
- Inadequate lighting
- Parking lot falls
- Poorly maintained sidewalks
- Workplace falls
Houston Premises Liability Lawyer for Slip and Fall Claims
Injuries from falls on someone else’s property are classified legally as premises liability claims against property owner negligence.
If we can prove that a lack of proper maintenance, failure to repair an unsafe condition, or failure to provide adequate safeguards or warnings was a factor in the cause of your fall, you may be able to recover compensation for past, present and future damages.
Should I Get a Lawyer for a Slip and Fall?
Legally, you are not required to hire a slip and fall attorney for your case. However, it is in your best interest to do so. Tackling a personal injury claim without an attorney is often an uphill battle for plaintiffs. These cases can be very complicated, and the liable parties will almost always push back against you. Depending on the defendants, they may also have teams of lawyers on their side.
Studies have shown that victims who take on a personal injury lawsuit independently are significantly disadvantaged compared to victims with attorneys. They also tend to recover less compensation if they recover anything at all.
What Makes Slip and Fall Accidents So Complicated?
So, what is it about these cases that makes slip and fall lawyers so crucial to have? A typical personal injury case, such as a car accident claim, is often straightforward in terms of assigning fault. Houston slip and fall cases, however, can have multiple liable parties. These cases are also complicated for other reasons, such as the following.
- Difficult to prove causation: To win your case, you must prove both the existence of the dangerous condition, but also that it was a substantial cause of your injuries.
- Lack of objective evidence: Objective evidence in car accident claims can include police reports, eyewitness testimony, and even tire marks to serve as proof. When slip and fall accidents occur, however, it is often the plaintiff’s word against the defendant’s.
- Handling the insurance company: Insurance companies are for-profit businesses, which means that paying claims are unwanted expenses. They will fight to avoid paying a claim at all costs.
- Comparative fault: Texas is a modified comparative negligence state. This means that, if you are found to be partly to blame for your injuries, your compensation could be reduced by the percentage you are believed to be at fault.
Who Is Liable After a Slip and Fall Accident?
Depending on the circumstances of the case, multiple parties could potentially be held liable for a serious injury from a slip and fall accident. Some potentially liable parties can include the following.
- Property owners
- Lessors or lessees
- Store managers
Generally, the potentially liable parties differ depending on where the fall accident occurred. Your slip and fall lawyers will be able to identify all liable parties in your case.
It depends. If a business or property owner took all necessary steps to prevent dangerous conditions on the property, they likely could not be held liable. However, if a plaintiff can prove the following, they may be able to hold the business owner liable.
- Defendant was aware of the dangerous condition: A plaintiff must show that the business owner knew or should have known about the condition that caused the injury.
- The defendant was negligent: A plaintiff must show that the defendant was negligent in that they allowed the dangerous condition to remain, created the dangerous condition, or failed to warn others of the possible danger.
- The defendant’s negligence directly caused an injury: A plaintiff must show that their injuries occurred as a direct result of that dangerous condition. This is referred to as the chain of causation.
Homeowner liability is complicated in slip and fall cases. They are responsible for the safety of guests on their property, but different types of guests are affected differently in premises liability cases. For example, if a property owner invites someone onto their property, they could be held liable for injuries they suffer.
If the injured person is a trespasser, however, property owners are not likely to be liable for their injuries. Homeowners do, however, have a responsibility to eliminate any “attractive nuisances” on their property. Attractive nuisances can include many different elements, including pools, water features, toys, power tools, and even construction projects.
An attractive nuisance could attract children onto the property, leading to serious injuries. For example, a homeowner has a new pool installed in their backyard, but they have no fence surrounding the area. Any neighborhood child could walk into their backyard and try to play in the pool, potentially leading to a drowning accident.
In other words, if a homeowner fails to correct or mitigate dangerous conditions on their property, they could be held liable for a slip and fall accident.
It depends. These cases often depend on a number of factors, such as the landlord’s knowledge of the dangerous condition, the tenant’s behavior, and the landlord’s responsibility in maintaining the property. If you and your personal injury lawyer can show that the landlord was negligent in their maintenance of the property and that you acted reasonably, you may have a valid claim.
Slip and Fall Accident FAQs
The potential value of a Houston slip and fall accident that happened in a grocery store can vary greatly depending on the extent and permanence of the victim’s injuries. For temporary injuries that do not cause disability, plaintiffs may receive anywhere from a few hundred dollars to several thousand.
In serious cases where the plaintiff suffered a permanent injury, such as partial paralysis, they could receive several hundred thousand to more than a million dollars in damages. A Houston slip and fall attorney can help evaluate your case and estimate the damages you may be eligible for.
To prove a slip and fall claim, you must be able to prove certain elements. These elements are as follows.
- Your slip and fall accident was someone else’s fault.
- A dangerous condition existed that led to your fall accident.
- The property owner or other responsible parties acted in a way that created that dangerous condition.
- The property owner knew or should have known about the dangerous condition.
- They failed to take the necessary steps to eliminate the danger, thus acting negligently.
Experienced Houston slip and fall attorneys can help you gather the evidence you need to prove your claim. With decades of experience on our side, we know what it takes to pursue compensation and seek justice for your painful injuries.
Like most personal injury attorneys, we operate on a contingency fee basis. This means that we cover all upfront litigation costs for you and don’t accept a cent unless we secure a recovery for you. In other words, a personal injury lawyer with our law firm will not charge you unless we win your case.
We do this to avoid placing more undue stress and financial burden on our clients. We understand that accident victims already have medical expenses and lost income to deal with on top of painful injuries. If you work with the personal injury team at Reich & Binstock, you won’t see any legal fees unless we secure a recovery on your behalf.
Contact an Experienced Houston Slip and Fall Injury Lawyer with Reich & Binstock
You will need an experienced legal team to advocate for you if you decide to proceed with your slip and fall accident case. Because of the burden of proof required to prove premises liability and the amount of negotiation necessary, obtaining a Houston slip and fall lawyer will give you a better chance of a favorable outcome.
At Reich & Binstock, our Houston slip and fall attorneys can help you establish the full and fair value of your claim and secure the maximum compensation you deserve. We represent injury victims and families throughout the state of Texas.
Our founding partners are both board-certified in personal injury trial law by the Texas Board of Legal Specialization, and our team of experienced lawyers is battle-tested against the most powerful insurance companies and defense lawyers. Our attorneys offer free, no-obligation consultations, and we handle all upfront litigation costs. We only get paid if we secure a recovery in your case.
There is a never a fee unless we recover on your behalf.