Slip and fall accidents can happen in a variety of places, whether it be a grocery store, a friend’s house, or a public sidewalk. These accidents often result in injuries, and sometimes those injuries can be severe. When someone is hurt in a slip and fall accident, they may want to file a lawsuit to recover compensation for their medical bills, lost wages, and other damages. However, there is a legal rule known as the statute of limitations that limits how long a person has to file a lawsuit. If you live in Texas and have been injured in a slip and fall accident, it is important to understand the statute of limitations and how it affects your ability to pursue a claim. At, Willumsen Law Firm, P.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.
What is the Statute of Limitations?
The statute of limitations is a law that sets a deadline for filing a lawsuit. Once this deadline has passed, the injured person is no longer allowed to file a claim, and the court will not hear the case. The purpose of this law is to ensure that legal matters are handled in a timely manner and that evidence is still fresh and available when the case is brought to court. It is meant to prevent people from filing lawsuits years after an accident has occurred when witnesses’ memories may have faded, or physical evidence may no longer be available.
In Texas, the statute of limitations for slip and fall lawsuits is generally two years. This means that if you have been injured in a slip and fall accident, you must file your lawsuit within two years of the date of the accident. If you fail to file within this time frame, your case will likely be dismissed, and you will lose your chance to recover compensation for your injuries.
Exceptions to the Statute of Limitations
While the general rule in Texas is that slip and fall lawsuits must be filed within two years, there are some exceptions to this rule. In certain situations, the statute of limitations may be extended, allowing the injured person more time to file their lawsuit. One of the most common exceptions involves cases where the injured person was a minor at the time of the accident. In Texas, if the injured person is under the age of 18, the statute of limitations does not begin to run until the person turns 18. This means that a minor who is injured in a slip and fall accident has until their 20th birthday to file a lawsuit.
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Another exception to the statute of limitations may apply in cases where the injury was not immediately discovered. Sometimes, the full extent of a person’s injuries may not become apparent until some time has passed after the accident. In these cases, the statute of limitations may be extended, and the injured person may have more time to file their lawsuit. However, these cases can be complex, and it is important to speak with a lawyer to determine whether the statute of limitations has been extended in your specific situation.
Why You Should Act Quickly
Even though you may have up to two years to file a slip and fall lawsuit in Texas, it is important not to wait until the last minute. There are several reasons why it is best to act quickly after a slip and fall accident. First, the longer you wait to file your lawsuit, the more difficult it may become to gather the necessary evidence to prove your case. Physical evidence, such as photos of the accident scene, may be lost or destroyed over time. Witnesses’ memories may fade, making it harder to get accurate testimony about what happened.
Additionally, waiting too long to file a lawsuit may hurt your chances of reaching a settlement. Insurance companies and property owners are more likely to take your claim seriously if you act quickly after an accident. If you wait too long to file a claim, the other party may argue that your injuries were not serious or that they were caused by something else, making it harder for you to recover compensation.
Finally, acting quickly can help ensure that you receive the financial compensation you need to cover your medical bills, lost wages, and other damages. Slip and fall accidents can result in significant expenses, and it is important to recover the compensation you need as soon as possible.
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What to Do After a Slip and Fall Accident
If you have been injured in a slip and fall accident, there are several steps you should take to protect your legal rights and improve your chances of recovering compensation. The first thing you should do is seek medical attention for your injuries. Even if you do not think your injuries are serious, it is important to get checked out by a doctor as soon as possible. Some injuries, such as concussions or internal injuries, may not be immediately apparent but can have serious consequences if left untreated.
After seeking medical attention, you should try to gather as much evidence as possible about the accident. This may include taking photos of the accident scene, getting contact information from any witnesses, and keeping a record of your medical treatment and expenses. You should also report the accident to the property owner or manager as soon as possible. Many businesses and property owners have policies in place for handling slip and fall accidents, and it is important to make sure the accident is documented.
Once you have gathered evidence and reported the accident, you should contact a lawyer who can help you navigate the legal process and file a lawsuit if necessary. Slip and fall cases can be complex, and it is important to have a lawyer on your side who understands the law and can help you recover the compensation you deserve.
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The Role of Negligence in Slip and Fall Cases
In order to recover compensation in a slip and fall lawsuit, you will need to prove that the property owner or manager was negligent. Negligence means that the property owner failed to take reasonable steps to keep their property safe for visitors. For example, if a grocery store owner fails to clean up a spill on the floor and someone slips and falls as a result, the owner may be considered negligent.
However, it is not enough to simply show that you were injured on someone else’s property. You must also show that the property owner knew or should have known about the dangerous condition and failed to take steps to fix it. This can be difficult to prove, and it is one of the reasons why it is important to gather as much evidence as possible after a slip and fall accident.
In some cases, the injured person may also be found to be partially responsible for their own injuries. For example, if you were texting on your phone and not paying attention to where you were walking when you slipped and fell, the court may find that you were partially at fault for the accident. In Texas, if you are found to be more than 50 percent responsible for the accident, you will not be able to recover any compensation. However, if you are less than 50 percent responsible, you may still be able to recover compensation, but your damages will be reduced by the percentage of fault assigned to you.
How a Lawyer Can Help You
Filing a slip and fall lawsuit can be a complicated and time-consuming process, especially if you are dealing with serious injuries. A lawyer can help you navigate the legal system and make sure that your rights are protected. They can also help you gather the evidence you need to prove your case and negotiate with the insurance company or property owner to reach a fair settlement.
In addition to helping you file a lawsuit, a lawyer can also help you understand your legal options and advise you on the best course of action. For example, they may be able to help you negotiate a settlement without going to court, which can save you time and money. If your case does go to court, a lawyer can represent you and present your case to the judge and jury.
If you have been injured in a slip and fall accident in Texas, it is important to act quickly to protect your legal rights. The statute of limitations for slip and fall lawsuits is two years, and waiting too long to file your claim can result in your case being dismissed. Contact Willumsen Law Firm, P.C. today to speak with an experienced attorney who can help you understand your legal options and fight for the compensation you deserve. Our team is here to help you through every step of the process. Call us today for a free consultation and learn how we can help you.