If you get injured in a slip and fall accident in Texas, it is important to know what steps to take to protect yourself and your legal rights. The owner of the property where the fall accident occurred may be financially responsible for your medical bills and various other losses. Taking the right steps can help you collect fair compensation. Consulting with an Austin personal injury lawyer can provide you with the guidance needed to navigate the legal process effectively and ensure you receive the compensation you deserve.
Don’t Jump to Your Feet
While it may be your first instinct to immediately jump to your feet after a slip and fall accident due to confusion or embarrassment, it is important to try to remain in place while you check yourself for injuries. If you sustained a certain type of injury, such as a spinal cord injury, moving too quickly could exacerbate the injury and cause serious problems.
Get Medical Care
Don’t wait to get professional medical care after your slip and fall. Prioritize your well-being by seeking medical attention immediately. Visit the nearest hospital in an emergency or your regular physician in a non-emergency. Even if you initially feel fine, your adrenaline could be hiding an injury.
Do not tell the property owner, an insurance company or anyone else that you are not injured until you’ve seen a doctor. Prompt medical care will protect your health as well as make the insurance process easier. If you delay medical treatment, an insurer could use this against you.
Report the Accident
Find the owner of the property or a representative of the owner, such as a supervisor at a business, to report your slip and fall accident. Describe what happened in your own words, but do not admit fault. Ask whoever receives your report to document the accident in writing. Request a copy of the accident report for your records.
If you slipped and fell at work in Texas, you must notify your employer right away to be eligible for workers’ compensation insurance coverage. While not all employers in Texas are required to carry this insurance, those that do typically require accident reporting within no more than 30 days.
Take Photographs
While still at the scene, use your cell phone to take pictures of the property defect that caused you to slip. Take a photo of the wet floor, slippery or uneven surface, cracked sidewalk, loose rug, exposed cord, faulty staircase, or other hazards that contributed to the fall. You may be able to use this as proof that the property owner knew or reasonably should have known about the defect prior to your accident.
Search for Video Footage
Another important type of evidence that may be available is footage from a surveillance, security, traffic or doorbell camera. Look around the building or area for any cameras that may have recorded the slip and fall accident. If you see one, ask the owner if you can obtain a copy of the footage. You can involve law enforcement to help you collect video footage of your accident, as well.
Talk to Witnesses
Before you leave the scene, talk to anyone who witnessed your slip and fall accident to obtain signed statements. People who saw the accident occur may have unique information about how or why it happened, such as descriptions of the property hazard or defect that match your account. This can increase your credibility as a witness during the claims process.
Collect Evidence
If you choose to file a slip and fall accident claim in Texas, you will be responsible for proving that the property owner (or another defendant) is more likely to be responsible for your injuries than not. This will require clear and convincing evidence of the defendant’s fault or negligence, meaning the failure to act with an appropriate level of care to protect property visitors.
You can start building your case from the beginning by preserving and collecting evidence. While types of evidence vary, this can include incident reports, eyewitness accounts, photographs and videos, the clothes and shoes you were wearing, property maintenance and cleaning logs, medical records, and personal documentation (e.g., an injury journal).
Keep Expense Records
It is important to keep an ongoing account of your expenses related to the slip and fall accident. Keep copies of all relevant bills and receipts so that you can prove your losses to an insurance company when seeking a financial settlement. Examples include medical bills, lost wage statements, employment records, travel or transportation receipts, and out-of-pocket expenses.
File an Insurance Claim
Premises liability claims in Texas are often paid by property insurance companies. If you believe a property owner is responsible for causing or negligently failing to prevent your slip and fall accident, contact the owner’s insurance carrier to file a claim.
It is important to initiate an insurance claim as soon as possible, as most insurers require immediate accident reporting to qualify for coverage. If you wish to file a workers’ compensation claim for a slip and fall at work, you have a maximum of one year from the date of the accident to do so. However, prompt filing is best.
Stay Off of Social Media
While your insurance claim is pending, avoid posting about your accident, injuries or claim on social media sites. Talking and posting about your accident may seem innocent enough, but it could give an insurance company evidence to use against you.
An insurer may scan your social media accounts and use posts, comments, photos or videos to argue that your injuries are not as serious as you claim they are, for example. A simple photo of you out with friends could be used to contest a pain and suffering claim.
Don’t Negotiate With an Insurer Alone
During a slip and fall accident claim, an insurance company will want to protect itself and its profits – not protect you as a claimant. The best way to ensure a fair case outcome is by hiring an attorney to advocate for your rights.
Your lawyer can help you combat common defenses, such as contributory fault, which blames the accident victim for his or her injuries. An attorney can take over negotiations with an insurance company for you to seek maximum compensation on your behalf.
Don’t rush into a quick settlement with an insurance company. Instead, contact an attorney at FVF Law Firm – Injury & Wrongful Death Lawyers for a free legal consultation. Our lawyers have more than 100 years of combined experience. We can help you negotiate a fair settlement or take your case to court, if necessary.
