Slip & falls are one of the most common premises liability accidents in McAllen, Texas. It’s also one of the most commonly misunderstood legal claims. Know that if you’ve been injured in a slip & fall accident, you may be entitled to compensation.
Our goal isn’t just to provide zealous legal advocacy for our McAllen slip & fall clients. It’s also to provide answers. This information is for educational and informational purposes only. It should not be taken as legal advice. If you need legal help or legal advice related to personal injury or slip and fall, schedule a consultation with the McAllen slip & fall lawyers of the Falcon Law Group. Se Habla Español!
What Is a Slip & Fall?
A slip & fall is an accident that falls under the broad umbrella of “personal injury law.” This type injury involves someone slipping because of a hazard. This slip results in an injury or property damage. Another name for this type of claim is “trip and fall.”
How Is a Slip & Fall Claim Proven?
A slip & fall case has legal elements that must be proven. However, those elements all rely on a main legal theory known as negligence. Negligence is established by showing that the other person:
- Owed you a duty of care. For example, when you’re shopping in a grocery store, there is a duty of care owed to keep the floor reasonably dry and safe.
- Breached their duty. Continuing the example: the store manager or employees knew or should have known about a hazard on the floor.
- Cause must be established. A simple way to explain this is by using the“but-for test.” The test asks, "but for the existence of X, would Y have occurred?" In tort law, but-for causation is a prerequisite to liability in combination with proximate cause.
- Harm. To prove negligence, harm must be established.
What Sort of Compensation Could You Receive?
The compensation you could receive for a slip and fall claim depends on the facts involved in your circumstance. You may qualify to receive compensation for:
- Medical bills
- Medication
- Physical therapy
- Transportation costs
- Lost wages
- Pain and suffering
- Emotional distress
How Long Do You Have to File a Slip & Fall Claim?
A slip & fall claim is part of personal injury law here in Texas. This means that you have two years from the date you realize that you’re injured. However, for most slip & fall claims, it’s better to file your claim as soon as possible. Why? Because it makes it much easier to find and preserve evidence that supports your claim. It also makes it much easier to find and talk with any eye witnesses. This is more importance than you know because that life changing day for you almost two years ago is a day for someone else that may not be memorable.
Do You Really Need a Slip & Fall Lawyer?
Although you have the right to represent yourself and handle your own claim, acting as your own lawyer isn’t always easy. Keep in mind that a business, homeowner, other defendant, or insurance company will have an attorney or legal department to represent them and fight for what’s in their best interest. Their job isn’t to look at what’s in your best interest even though you’re the victim.
Hiring a slip & fall lawyer means that you have someone who will:
- Help establish who the negligent party is
- Look out for your best interest
- Negotiate a fair settlement for you
- Collects and organizes evidence to support your claim
- Establishes a solid case
- Provides zealous legal representation
Falcon Law Group: McAllen Slip & Fall Lawyers
The experienced McAllen slip & fall lawyers of the Falcon Law Group work tirelessly to provide aggressive representation. Schedule your consultation to learn how we may be able to help you.
