When to File a Lawsuit After a Slip and Fall Injury

By shamieh law | On

It happens in an unexpected moment: you step on ice or stumble on a slick spot… suddenly hitting the floor before you can regain your balance. A simple fall seems like it shouldn’t be an issue. But slip and fall injuries can lead to serious injuries that sometimes cause life-long consequences.

Most businesses have insurance coverage you can use to recover monetary compensation for medical bills. You have the option to file an insurance claim to access this funding. It’s important to note that you also have the right to file a lawsuit in court. Most insurance companies are motivated to work out a settlement agreement to avoid court proceedings.

Timing Matters: Personal Injury Statute of Limitations in Texas

Each state has unique requirements for personal injury statute of limitations. In the state of Texas, you have two years from the date of the accident. So, if you are thinking about filing a slip and fall lawsuit, make sure to move forward with the filing right away.

If you wait for this statute of limitations to expire, it means that you are forfeiting your rights to file a lawsuit for your claim. For more information about this timeline, talk to our pro team at Shamieh Law. We’ll help you decide if you have a solid personal injury case, then provide recommended steps to help you recover the money that is available.

When you know that a slip-and-fall injury has occurred, then it’s critical that you talk to a lawyer as soon as possible. Even though you have a two-year window of time to file the claim, a lawyer can assist as you are gathering information. This ongoing legal support will help you maximize available compensation by including everything in the lawsuit that might relate to your situation.

Time Limit: Filing vs. Settling

One important thing to understand is that the statute of limitations time limit only applies to restrictions for filing a lawsuit. You don’t need to settle the case within this two-year deadline. Make sure your initial complaint or suit is filed within two years of the injury. Then, you have additional time to work through the legal proceedings.

Even when you are undecided about whether you will reach a settlement with the insurance company, it’s wise to file a lawsuit anyway. If you are approaching the deadline, it keeps your options open to protect your rights if the settlement isn’t reached.

Steps to Follow After a Slip and Fall Accident

What are the first steps you should follow when a slip and fall accident occurs? Follow these tips to optimize the overall outcome of your case:

  1. Report the Accident: Be proactive about reporting the case as soon as possible. Provide notification to the person who owns or is responsible for the premises. Some organizations have formal processes you must follow to report the case. Always make sure your reporting is in writing. Timing is critical – even a few days delay in reporting the accident could have a negative impact on your claim.
  2. Talk to Witnesses: Did anyone witness the accident? Talk to these people right away to get their contact information. Our legal team can build your case by leveraging witness accounts of the circumstances. Often, witnesses are a foundational aspect of building a solid case.
  3. Gather Evidence: Look for any evidence you can gather showing how the accident occurred and the severity of your injuries. Take pictures of the accident scene to document the conditions that resulted in the slip and fall. If you are capable, don’t leave the scene until you have multiple pictures from as many angles as possible. If it’s an emergency and you are rushed away, ask a friend or witness to take photos. It’s essential to capture these photos before anything is fixed or changed at the scene of the accident.
  4. Seek Medical Treatment: Emergency injuries should be treated at the hospital. A doctor should treat minor or moderate injuries without delay. Even if you feel your injuries are minor, it’s smart to start the medical process by talking to a doctor. Sometimes, slip and fall injuries increase in severity over time. You need documentation showing that you pursued medical attention immediately. Delaying medical treatment could potentially hurt your case because the insurance company might assume that the injuries weren’t severe.
  5. Hire a Personal Injury Attorney: As soon as you can, reach out to a personal injury attorney for assistance. Your lawyer will walk you through the required paperwork and legal actions you should take. Always seek medical advice before providing information to the insurance company. For example, the insurer might require a recorded statement describing your accident and injuries – but your lawyer will advise against this recording.

Should You File a Slip and Fall Lawsuit?

When you are recovering from an accident, the last thing you want to do is add legal stress to complicate your current condition. But these injuries can be expensive, especially if they are severe enough to keep you out of work during recovery.

Each case is unique, which is why it’s wise to talk to an attorney about your situation. Our legal team will offer advice about your case to help you decide whether a slip and fall lawsuit is worth pursuing. Here are a few of the most common reasons why injured people choose to move forward with the lawsuit:

  • Financial Compensation: Not only do you need money to cover the medical bills and treatments, but you might also receive compensation for lost wages and pain and suffering. After an accident, most people are in need of money. These monetary damages can cover future medical treatments and help you get your life back on track again.
  • Eliminating Risk for Others: Additionally, pursuing your case could offer benefits to other people. When the property owner is aware of the problem and facing legal ramifications, it provides motivation to correct the hazardous conditions. These efforts reduce the likelihood of other people experiencing the same injury.

If you’ve been injured in a slip and fall accident, then you need to talk to an experienced attorney. Contact our team at Shamieh Law to discuss your case and explore potential legal compensation.

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