Austin Slip and Fall Lawyer
An Austin slip and fall lawyer can be your greatest asset if you have been injured in an unfortunate “slip and fall” or “trip and fall” incident. These terms refer to a type of accident caused by another person’s or organization’s negligence.
In restaurants, this includes cleaning up spills, keeping floors free of debris, and using caution signs to alert customers when a floor is wet. Retail establishments must anchor shelves, secure inventory, and keep aisles and floors clean, dry, and clear. And business owners must provide appropriately safe places to work.
Of course, accidents happen, and owners are not always responsible for each and every one. For example, no restaurant manager can be aware of every spill or every crumb on the floor. If a spill occurs and causes someone to slip and fall moments later, the manager would likely not be liable for the resulting injuries; but if the management was aware of the spill and left it there for a few hours, the court could find them negligent and order the payment of damages to the injured party.
The Evans & Herlihy Law Firm understands how to prove negligence in a personal injury case. Securing favorable settlements helps our clients move on with their lives and recover from the financial, physical, and emotional strain of an accident. If you’ve been injured in a slip-and-fall or trip-and-fall accident, we may be able to help. Call us today at (512) 732-2727.
Worried and Concerned After Your Accident? You’re Not Alone.
Accidents and Injuries Are Overwhelming
If you have fallen and were injured due to the negligence of another individual or organization, you are likely harboring a host of emotions, including anger and frustration. After all, you should be able to go out and about during your day, go to work or run your errands without fear of slipping or tripping and hurting yourself because of the lack of care of those in charge.
Now, in addition to trying to move on with your life, you must focus on healing from your injuries, the cost of which can be substantial. While you may be entitled to compensation for your accident, managing the process to obtain it can simply be too much to handle.
Who Can Help?
Evans & Herlihy are skilled and seasoned slip and fall attorneys in Austin. They are well-versed in Texas personal injury law. Additionally, they have a reputation for sympathetically communicating with their clients, efficiently managing the legal process, effectively negotiating with insurance companies, and aggressively litigating, when necessary.
They understand and appreciate the importance of each and every case and ensure that all clients receive personalized and highly attentive service. While they will handle the entire legal process so you can focus on your recovery, you will always be kept in the loop. Clear and regular communication is a hallmark of their service. Because the outcome of each case can affect individuals and their families for a lifetime. Evans & Herlihy attorneys take their responsibility as legal representatives seriously.
Slip and Fall Accidents Affect Your Life
Slip and fall injuries can be life-changing. Understanding their impact and effects is important. Below, both are discussed, and examples of slip and fall cases are provided.
The Impact of Falls
Injuries from falling are the most common reason for emergency room visits, and they can be very expensive. According to the Federal Agency for Healthcare Research and Quality, falls account for the highest costs among patients treated in the emergency room and then admitted to the hospital. One significant complication from falls is traumatic brain injuries. If you have suffered one, working with an experienced brain injury attorney is critical.
Additionally, falls are extremely prevalent in the senior population and often result in fractures of the hip, hand, spine, pelvis, ankle, arm, or leg. People older than 65 generally take longer to recover from serious injuries – and some may never fully recover. Medical costs can be especially high if the injured victim requires a long-term care facility or ongoing personal assistance with daily living. Awards from slip and fall lawsuits can help compensate for these costs.
Long Term Effects: The Value of Working with a Slip and Fall Law Firm
Injuries arising from slip-and-fall accidents can cause secondary problems, especially if an injury interferes with the victim’s ability to work.
In a case that lasted several years, a 77-year-old florist was awarded more than $331,000 in damages to compensate her for future lost wages. The woman severely injured her hand at a Sam’s Club store when she tripped over a “kink” in a floor mat.
When an accident causes you to miss work or renders you permanently unable to work, you might worry about your financial future. But if that accident was caused by the negligence of another, you may be entitled to compensation for lost wages.
Hard-Fought Cases: Slip and Fall Attorneys Make a Difference
In many personal injury cases, a single individual is seeking damages from a large business that has a team of lawyers. These corporate legal teams will do whatever they can to cast doubt on an injured person’s claim of negligence or to prove that the victim shares some responsibility for an accident. They may try to discredit your version of events through expert or medical testimony.
Some injury victims may be so intimidated by the idea of going to court that they decide to not pursue a case, or they accept a low settlement because they don’t think they can do better. Having legal representation increases your chances of getting a fair settlement, and a significant percentage of personal injury cases are settled in pretrial negotiations.
Slip and Fall Dangers in the Workplace
When Slip and Fall Injuries Happen on the Job
Many notable slip-and-fall and trip-and-fall cases have involved the customer-business relationship. But businesses may also be found liable for injuries to their employees if they fall; they must correct defects that could lead to slipping or falling.
In 2016, the Occupational Safety & Health Administration fined Tyson Foods for dangerous conditions at its Dallas plant. Among other violations, inspectors found that workers were routinely exposed to slip-and-fall and trip-and-fall hazards due to improper drainage and recessed floor drains.
Restaurant workers are particularly at risk of slipping and tripping, as fluids and oils accumulate on floors. The National Restaurant Association advises restaurant owners to use non-slip, non-skid flooring to keep workers safe, especially in kitchen areas and behind bars.
Even when a company has its own corporate insurance policies, injured workers may be unsuccessful at getting those insurers to cover their medical costs. Texas employers can fire employees who complain of injuries, so some workers are afraid to speak up when they are hurt on the job. If you’re in this situation, it’s important to talk to a work injury attorney right away, so you know what your rights are.
Frequently Asked Questions
Evans & Herlihy Slip and Fall Personal Injury Attorneys Address Your Questions
If you have been injured in a slip or trip and fall accident you probably have a lot of questions regarding what happened to you and how to move forward. While each personal injury case is unique, there are some factors common to most situations. Below, we have shared a few of the questions raised most frequently, as well as our attorney’s responses.
Sadly, the list of things that can cause you to slip and fall and injure yourself is seemingly endless. That said, some of the most common include:
- Spills (including food and drinks)
- Broken handrails
- Improperly placed cords and wires
- Poor lighting
- Torn carpeting.
Of course, this list is not exhaustive. Discuss the cause of your accident with your attorney to determine whether negligence was involved and whether you are eligible for compensation under the law.
The simple answer is, it depends. The severity of your injury along with the damages you have suffered will factor into your settlement. Minor injuries tend to result in smaller settlements — your costs are not as significant. However, if you have suffered major injuries, you may be entitled to a more substantial award.
Damages to which you may be entitled are determined by the laws of the State of Texas. Things like medical expenses, lost wages, and pain and suffering may be included in your settlement.
In Texas, the statute of limitations on personal injury cases, which includes slip and fall incidents, is 2 years from the date of the injury. It is wise to speak with an attorney as soon as possible after your accident. While we are hopeful that we can settle your case out of court, litigation may become necessary. You want to have adequate time to file suit within the limitations set forth by the law.
Modified comparative negligence can come into play in your case. Quite often, the owner of the business or property on which you were injured may allege that your behaviors led to your fall. Perhaps you fell in an area of a store that was closed to public traffic or maybe you slipped in a puddle because you were busy texting and did not see the water on the ground. They are saying that you bear a portion of the responsibility for your injuries.
If the court determines that you are at least 50% responsible for your accident, you will be ineligible for any compensation. However, if the other party was at least 51% responsible, you can receive a settlement. You would be entitled to the portion of the award that aligns with the negligent party’s responsibility.
The questions shared above are only a sampling of those raised by our clients. Other issues concern pre-existing conditions, proving negligence, and legal fees, just to name a few. Contact the attorneys at Evans & Herlihy today to schedule a consultation and get answers to all of your questions.
Austin Slip and Fall Injury Attorneys
Holding Parties Accountable
The slip and fall attorneys at Evans & Herlihy believe that victims of slip and fall accidents deserve to be compensated. They are committed to supporting their clients, advocating for appropriate settlements, and litigating when agreement cannot be reached.
So if you believe your accident was caused by the negligence of another, you should investigate all of your options for pursuing monetary damages. Find out whether you have a case. Call us today at (512) 732-2727 or contact us online for your free, no-obligation consultation.