Slip-and-fall accidents can happen anywhere, at any time, and to anyone. Unfortunately, they can cause serious injuries that may lead to hospitalization, long-term medical treatments, and other significant expenses.

Knowing what to do after a slip-and-fall accident in Dallas can help you strengthen your compensation claim.  

What Is the Difference Between Slip, Trip, and Fall?

Before we explain the steps you should take after a slip-and-fall accident, it’s important to understand what the difference between slip, trip, and fall accidents is. While most of these types of claims are collectively known as slip and falls, there are some notable differences between them. 

Slip accidents occur when there is too little friction between your shoe and the walking surface. Common causes of slip accidents include wet or oily surfaces, loose rugs or mats, or freshly waxed floors. 

Trip accidents occur when you strike your foot or leg against an object, causing you to lose your balance and fall. Common causes of trip accidents include uneven walking surfaces, cluttered floors, or objects left in walkways. 

Finally, fall accidents occur when you lose your balance and fall to the ground. Common causes of fall accidents include poor lighting, cracked or uneven pavement, or defects in walking surfaces.

Should I Get a Lawyer for a Slip and Fall?

Understandably, you might be asking yourself, “Should I get a lawyer for a slip and fall?” The short answer is yes, you should hire a lawyer if you sustained injuries in a slip-and-fall accident.

Resolving slip-and-fall accident claims is complicated. Proving negligence on your own can be challenging. An experienced Dallas slip-and-fall lawyer can help you gather evidence, file paperwork, and negotiate with insurance companies on your behalf.

How Do You Prove Negligence in a Slip and Fall?

How do you prove negligence in a slip and fall? To win a slip-and-fall case, you must prove that the property owner was negligent.

That means you must show that the property owner knew about the dangerous condition and failed to correct it or warn you about it.

Alternatively, you can show that the property owner should have known about the hazardous condition because it was present for a long time. 

You will need to gather evidence such as photographs, witness statements, and medical records to prove negligence. In some instances, it might be necessary to hire industry experts too. 

How Long Can a Slip-and-Fall Case Take?

The amount of time it takes to resolve a slip and fall depends on multiple factors. Some of the most common factors include the following: 

• The complexity of your case,
• The severity of your injuries,
• Whether the property owner and insurance adjuster are willing to negotiate, 
• How many defendants are involved, and
• The court’s schedule. 

So, how long can a slip-and-fall case take? In general, slip-and-fall cases can take anywhere from a few months to a few years to reach a settlement or verdict.

Your lawyer will be able to give you a better idea of how long your case will take based on the specific circumstances of your case.

Are Slip-and-Fall Cases Hard to Win?

Are slip-and-fall cases hard to win? Slip-and-fall cases can be challenging to win, but it’s not impossible to succeed. To reach a favorable settlement or jury award, you must prove the defendant was negligent, as previously mentioned.

You must also demonstrate that their negligence caused your injuries. Proving negligence can be challenging. Fortunately, an experienced Dallas slip-and-fall lawyer can help you gather evidence and build a strong case.

How Are Slip-and-Fall Settlements Calculated?

How are slip and fall settlements calculated? The amount of compensation you may be entitled to after a slip-and-fall accident will depend on several factors, such as the severity of your injuries, the cost of your medical treatment, and the impact the accident has had on your life.

In general, attorneys and insurance adjusters calculate slip-and-fall settlements using the following factors:

• Medical expenses. This includes the cost of all medical treatment you have received for your injuries and any future medical treatment you may need.
• Lost wages. If you had to take time off work due to your injuries, you might be entitled to compensation for your lost wages. If you cannot work in the future, you can argue for compensation for your future loss of earning capacity. 
• Pain and suffering. This includes compensation for physical pain, emotional distress, and other noneconomic damages you suffered because of the accident.
• Property damage. If the accident damaged your personal property, such as your phone or your glasses, you might be entitled to compensation for repair or replacement costs. 
• Punitive damages. In rare circumstances, you might be eligible to seek punitive damages. These damages are designed to punish the at-fault party for their actions and deter them from engaging in similar behavior in the future.

It’s a good idea to keep your medical bills, pharmacy receipts, repair invoices, pay stubs, and any other documents that show how much money you’ve spent or lost because of your injury.

Your Dallas slip-and-fall lawyer will be able to help you determine the appropriate amount of compensation to seek based on your specific circumstances.

Things To Consider When Hiring Dallas Slip-and-Fall Lawyers

If you don’t know what to do after a slip-and-fall accident, it’s crucial to hire an experienced Dallas slip-and-fall lawyer immediately.

A lawyer can help you gather evidence and meet important filing deadlines, and they can help protect your rights during negotiations with insurance companies.

They can also help you calculate the appropriate amount of compensation to seek and represent you in court if necessary.

When researching slip-and-fall lawyers in Dallas, look for someone with experience handling slip-and-fall cases specifically. You should also look for someone with a track record of success handling cases similar to yours.

You should also consider hiring an attorney who charges on a contingency fee basis. That means your attorney will only get paid if you win your case.

Slip-and-fall accidents can be severe, resulting in significant medical expenses and other damages. Hiring an attorney who works on a contingency fee basis can help you access the legal help you need, even if you’re having trouble making ends meet because of your injury. 

Contact the Law Office of Aaron Herbert  

If you suffered a slip-and-fall accident in Dallas, the Law Office of Aaron Herbert is here to help.

Attorney Aaron Herbert has years of experience helping injured clients recover the compensation they deserve—including clients who were injured in slip-and-fall accidents.

He understands how stressful the claims process is and how challenging it can be to build a strong case. Don’t risk jeopardizing your case by trying to pursue compensation by yourself.

Contact the Law Office of Aaron Herbert today to find out how our team can help you hold the party responsible for your injury accountable.

Slip-and-fall accidents account for many injuries throughout Texas.

Most people are familiar with the term slip and fall, but they often downplay or overlook the severity of injuries resulting from the fall.

In fact, according to the National Floor Safety Institute, slip and falls account for over one million emergency room visits each year.

If you were recently injured in a slip-and-fall accident, you might be contemplating filing a claim for damages.

One of the most commonly asked questions we get is, What is the average slip-and-fall settlement amounts in Texas?

However, it isn’t easy to provide an average because every situation is different, and every case is unique. It’s also difficult to determine an average because many settlements are not reported to the public.

Therefore, they cannot be factored into the equation—making any “average” calculation incomplete and inaccurate. With that being said, we can look at certain factors that will influence settlement amounts. 

What Is a Settlement?

First and foremost, it is crucial to understand what a settlement is and what it means for you. Generally, a settlement is an agreed-upon amount of compensation that occurs outside of court.

It is negotiated between the parties without the need for judicial intervention. A settlement will also typically dispel the defendant of any further liability or responsibility. Most cases resolve in a settlement, and only a small percentage go to trial.

It is possible to negotiate a settlement on your own, but if you are inexperienced at negotiating with insurance companies, there is a high likelihood that you will not get the adjuster to give you what your case is worth.

Insurance adjusters work to save their company money and pay you as little as possible. Therefore, it is best to have an experienced personal injury lawyer deal with the insurance company or defendant.

Settlements will vary widely from case to case, not just in the amount but also in the type of settlement. Settlements can be in the form of lump sum payments or incremental payments. 

Slip-and-Fall Settlements

While there is no precise settlement calculator, several factors will be considered when determining slip and fall settlements. These include the following:

• The severity of your injuries,
• Present and future medical costs,
• Lost wages,
• Insurance policy limits, and
• Applicable law.

A jury or judge will use these same factors when rendering an award should a case proceed to trial. 

Common Slip-and-Fall Injuries

There are a plethora of injuries that could occur as a result of a slip and fall, some more severe than others. Common slip-and-fall injuries include the following:

• Broken bones,
• Concussions,
• Other traumatic brain injuries,
• Spinal cord and neck injuries,
• Wrist injuries,
• Cuts and scrapes,
• Hip fractures, and
• Chronic pain.

A slip-and-fall accident can result in multiple injuries at once. Many of these require extensive medical treatment, including surgery and rehabilitation.

In addition, many slip-and-fall injuries are not immediately apparent but manifest over hours, days, or weeks. If you are a victim of a slip-and-fall accident, it is imperative to seek legal representation as soon as possible. 

Types of Damages

There are generally three types of damages in slip and fall cases: economic, noneconomic, and punitive damages.

Economic damages are intended to cover actual, calculable costs incurred due to your injuries, including medical bills and lost wages.

Noneconomic damages are subjective or intangible losses that compensate you for the negative impact your slip-and-fall injuries have on your life.

These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. 

While it is common for plaintiffs to recover economic and non-economic damages, only a tiny percentage recover punitive damages. Punitive damages are intended to punish a defendant for particularly egregious conduct. 

Texas follows a modified comparative negligence standard, allowing a plaintiff to recover damages only if their percentage of fault for the fall is less than 51%.

If a plaintiff is more than 51% at fault, they will likely be barred from compensation altogether.

Slip-and-Fall Settlements with Surgery

With the type of damages in mind, it is reasonable to conclude that slip-and-fall accident settlements will be larger for people who require surgery than for those who do not need surgery.

Since economic damages are intended to cover the plaintiff’s medical bills, treatment requiring surgery is likely to have a higher price tag. 

Typically, injuries requiring surgical repair are relatively severe. For instance, a broken hip requiring hip pinning is much more severe than a couple of bumps and bruises that merely require over-the-counter pain medication. 

Slip-and-fall injuries resulting in surgical repair are also more likely to increase your noneconomic damages, mainly because of the extensive recovery period.

You may be unable to work, engage in household chores, or participate in the social activities or sports you enjoyed before your injury.

The inability to participate in these activities may be temporary or permanent, depending on the extent of your injuries. Still, it can undoubtedly lead to emotional distress, pain and suffering, loss of enjoyment of life, and more. 

Slip-and-Fall Settlements Without Surgery

Make no mistake; even if your injuries do not necessitate surgery, they can still be severe enough to warrant a substantial settlement.

Non-surgical treatment applies to concussions, certain fractures, and other traumatic brain injuries. Every individual is unique. And what may be generally considered a minor injury could still severely impact your life and result in a substantial settlement. 

Whether you only suffered minor injuries or severe permanent injuries, you could be entitled to compensation. It is essential to meet with an experienced personal injury attorney to understand your options.

Contact A Slip-and-Fall Lawyer | Dallas

At the Law Office of Aaron Herbert, it is our mission to advocate for the rights of the injured, and we stop at nothing to achieve outstanding outcomes for each of our clients.

With over 1,000 personal injury cases resolved and over 50 trials, we know just how to handle your case from the start through the finish line. After a slip-and-fall accident, your focus should be on your recovery.

Let our slip-and-fall lawyer in Dallas take care of the rest. Contact us for a free consultation to discuss your options.