Slip and Fall Accidents Attorney in San Antonio
If you’ve sustained injuries on someone’s land or property, it’s important that you speak to a San Antonio slip and fall lawyer as soon as possible. Slip and fall injuries can cause significant physical and emotional pain, lost wages, and medical bills. You may have a lawsuit that can award you compensation for your injuries and any related economic losses. However, such cases are complex and rely on a number of subtle factors.
Although you may be tempted to work with an insurance company to seek compensation, success will be highly unlikely. Only an experienced San Antonio slip and fall lawyer has the skills to set your case up for the best recovery possible.
Your San Antonio slip and fall lawyer will talk to you about the facts of your case and assess whether the law provides a remedy. Of course, not every injury results in a valid lawsuit. Only an initial consultation gives your lawyer the information they need to decide whether you can prove liability.
What Do You Need to Prove in a Slip and Fall Accident Claim?
Slip and fall lawsuits revolve around one question: Foreseeability. Was it foreseeable that an accident was likely when there was a dangerous condition on the premises? Did the proprietor or homeowner know? Should they have known? In order to prove negligence in a slip and fall accident case, these are the questions that must be answered.
Brylak Law has successfully recovered millions of dollars in damages for our clients. If you have been injured by proprietor negligence in a slip and fall accident, our attorneys will ensure that you are compensated for your injuries.
Today, many stores have closed-circuit cameras inside to show the details of your accident. In most cases, this will provide the backbone of your lawsuit. Slip and fall accidents that happen in parking lots or residential homes require that the circumstances of the injury be rebuilt your attorney.
In almost every case, you will be filing a claim against an insurance policy. For example, in the case of a residential homeowner, you will be filing a claim on their homeowner’s insurance policy. In the case of a business, they will carry general liability insurance. You also sue each party directly if they don’t have insurance.
Comparative Negligence in Slip and Fall Accident Lawsuits
Texas limits recoverable damages to the negligent party’s percentage of the blame. This is called comparative negligence. In cases where your blame exceeds their blame (or is over 51%), you will not be able to recover any damages at all.
It is standard for the defendant in a slip and fall accident suit to blame you for your injuries. For that reason, you’ll need a skilled Texas slip and fall accident attorney to litigate your claim.
Determining Whether Your Injuries Can Be Part of a Premises Liability Lawsuit
Premises liability is the most common type of lawsuit for a slip and fall case. In a premises liability lawsuit, you can recover if the landowner knew of an unreasonable risk of harm, but the landowner did not protect you from this risk. In order to protect you, a landowner either needs to eliminate the risk or provide you with a warning.
For example, in one Texas case, a grocery store shopper won the suit by proving that the store had sprayed a substance on the floor that made it slippery and caused him to fall. The landowner had not put up a sign to warn customers, nor had he taken any action to make the floor less slippery. Because the landowner did not take steps to protect the customer, the customer received damages for his injuries.
However, there is an important limitation on these kinds of cases. If the risk was obvious to the injured person, he may not be able to recover unless he had to go onto the property for some reason. Moreover, if you were trespassing, you probably do not have a basis to bring a premises liability lawsuit to court. But even then, there are still other options, as described below.
What Other Lawsuits Can Your San Antonio Slip and Fall Lawyer File?
In addition to premises liability, other lawsuits that can be filed are:
- Negligence: If another person does not protect you from harm, they may be legally responsible for your injuries. An example of a negligence might be that a store owner’s negligence in properly storing his products resulted in a box dropping on your head.
- Attractive Nuisance: If a child is injured on another person’s property, even if they were trespassing, and the injured child can show that the landowner should have known that children were likely to trespass, or that there was a dangerous condition on the land (like pools, billboards, irrigation pipes etc.) that they did not get rid of, then the child may have a lawsuit for attractive nuisance.
- Intentional Acts: If you slip and fall because an employee or landowner intentionally tripped you or otherwise committed an assault or battery that caused you to fall, you may be able to recover money from the person or company who owns the land.
- Worker’s Compensation: If you sustained injuries on your company’s property, and work for an employer who participates in the Texas Worker’s Compensation Act, you probably cannot bring a lawsuit against your employer. Instead, you will likely need to file a claim for worker’s compensation. However, if your employer does not participate in the Worker’s Compensation program, you can file a slip and fall case.
Your San Antonio slip and fall lawyer will examine the facts of your case to determine whether or not your injury falls under one or more of the lawsuits described above.
Developing Evidence to Support Your Case
Once your lawyer takes your case, he can start documenting what happened and collecting evidence to support your case. For example, documents, video, audio, and eyewitnesses accounts of the incident. Your lawyer will also work with you to obtain the proper evidence. Such evidence includes documents from medical providers to prove your injuries and money spent in medical bills. A skilled San Antonio slip and fall lawyer will know what information you should gather to support your case.
Negotiating With the Landowner or Insurance Company
Only your San Antonio slip and fall lawyer has the contacts and negotiating skills to move your case forward. Your lawyer learns the basic facts and conducts legal research to show how the landowner violated the law. Next, your lawyer can reach out to the landowner, or their insurance company, to begin a settlement negotiation. Most slip and fall cases settle, and of course, the sooner your case settles, the sooner you will receive compensation. Experienced lawyers know that people battling injuries need money to recover, and will help speed up the settlement process.
Moving Your Case Toward Trial
If negotiations are going poorly, your lawyer can file a lawsuit on your behalf. Additionally, your lawyer can contact the responsible party to try to negotiate a settlement. If a settlement is still unreachable, your lawyer can take your case to trial. The lawyer would represent you in court until your case settles, or the jury returns a verdict in your favor. A San Antonio slip and fall lawyer is familiar with local judges and knows how to pick a strong jury. This will give you the best chance of succeeding at trial.
Contact a Skilled San Antonio Slip and Fall Lawyer Today
It is important to work with a skilled slip and fall attorney who understands this complex area of law. Call an experienced San Antonio slip and fall lawyer at Brylak Law today at (866) 496-3815.