The state of Texas imposes a statute of limitations on pursuing compensation for a slip and fall accident. While victims generally have two years to take legal action, the limit can vary depending on the case.
The defendant can be held responsible for numerous acts of negligence if these lead to injury. In Texas, you can pursue monetary compensation for any losses linked to an accident caused by neglect. However, it is crucial to file within the statute of limitations.
The Two Primary Factors Involved in Texas Lawsuits
Two primary factors guide your ability to receive accidental injury compensation in Texas:
- The statute of limitations
- Comparative fault
Texas Statute of Limitations for Slip and Fall Accidents
Under Texas Civil Practice and Remedies Code § 16.003, the state imposes a standard two-year statute of limitations on personal injury cases, including slip and fall accidents. There might be exceptions in cases where you don’t notice the injury. Talk to your lawyer to learn if you qualify for any exceptions.
Comparative Fault in Texas
According to the Texas Civil Practice and Remedies Code Chapter 33, the state uses a modified version of comparative fault in slip and fall cases.
The rule applies when the plaintiff bears some level of responsibility for the accident—as long as the percentage doesn’t reach more than 50%. After reaching more than 50% liability, the case is adjudged to be primarily the plaintiff’s fault, so a victim receives no compensation.
If the plaintiff’s liability is under 50%, the percentage of damages is deducted from the award. For example, imagine a case where the plaintiff is held 20% responsible for the accident. The dollar value of any award will be limited to 80% of the total compensation, which reflects the amount of the defendant’s liability.
Texas Slip and Fall Laws
Slips, trips and falls result in nine million emergency room visits each year. Furthermore, injuries from these accidents run the gamut from sprains or broken bones to traumatic brain injuries. If injured on someone else’s property, you might have a case for negligence because of hazardous instructions, poor maintenance, or faulty equipment.
In Texas, you have a stricter standard to meet than in many other states. Slip and fall cases are part of the larger premises liability category, and you must prove that the owner or manager was negligent in some way. You must also prove that the negligence caused your fall. Relevant factors in Texas slip and fall cases include:
- Slip and fall injuries rank as severe in 25% of cases.
- In 2020, 15% of workplace deaths resulted from slips and falls.
- Many slip and fall injuries are preventable.
- Examples of preventative techniques include doing a larger part of work from the ground, placing ladders on firm surfaces, etc.
You should hire a slip & fall accident lawyer in Austin immediately after sustaining an accident injury that you don’t think is your fault. An experienced local lawyer will immediately ensure that you meet all filing deadlines and understand whether you have any comparative negligence that counts against your total compensation.
Type of Injuries Awarded in Texas Slip and Fall Cases
There are many types of damages that you might pursue in Texas-based personal injury cases. These include the following categories:
- Economic damages: These damages include damaged property, current and future medical bills, and expenses related to your injuries, like remodeling your home to make it more handicapped accessible.
- Lost wages: You can be compensated for wages lost while recovering from your injuries—even if you become permanently disabled.
- Non-economic damages: Non-economic damages include psychological damages like pain and suffering, losses of companionship and consortium, and emotional trauma that prevents enjoying ordinary activities.
- Punitive damages: Punitive damages can be awarded in cases of extreme or willful negligence, negligence of providing warnings of side effects or medical risks, or punish plaintiffs in cases where dangers are deliberately withheld.
Hiring an Attorney
If you were injured in a Texas slip and fall accident, do not hesitate to seek legal help. A lawyer can help you through each stage of filing a lawsuit or compensation claim and ensure you respect the statute of limitations.
