Fighting for Fair Compensation for Victims Harmed in Premises Liability Cases
Many people don’t realize it, but our health and safety are frequently in the hands of other people. For instance, a shop owner could ignore a hazardous condition, and in doing so, they create a risk that you’ll be harmed. Similarly, landlords may drop the ball when it comes to maintaining their property. This could also create dangers that invariably cause you harm. When such acts cause a fall that results in injuries, you might be entitled to financial compensation. A San Antonio slip and fall lawyer may be able to assist.
At The Castro Law Office, our Texas personal injury attorneys are here to help. Whether you fell on an icy sidewalk, tripped over something at a construction site, or slipped on a wet floor at your favorite shop — you may be able to secure a fair settlement or seek damages by filing a lawsuit. This can help you recover damages for medical expenses, pain and suffering, and so much more. However, this won’t necessarily be an easy process. That’s why our team is here to help with your San Antonio slip and fall case. Contact us today.
Are You Entitled to Compensation for Slip and Fall Injuries?
Slip and fall accident victims often find themselves wondering whether they’re entitled to compensation. Perhaps they were in a public venue, or maybe they were illegally on someone else’s property. Regardless of the underlying facts of a case, whether a person is entitled to financial compensation comes down to proving liability. To do this, three elements must be established in court:
- Duty of care: Most people have some duty of care to avoid acts that could harm others. For instance, store owners must keep a safe environment for customers, and even homeowners must avoid acts that could harm their guests.
- Violation of duty: Someone can violate their duty of care in many ways. Perhaps a store owner doesn’t immediately clean up a spill, or a homeowner might fail to repair an uneven floor in their home. These are violations of a duty of care.
- Resulting harm: Only when hazards result in actual harm can an individual recover damages. Perhaps the store owner’s negligence in not cleaning up a spill caused a customer to slip and break their leg. Some form of harm — from financial to emotional — must occur for financial liability to exist.
Slip and fall lawsuits that effectively establish these elements typically result in compensation for injury victims. In many cases, litigation may not even be necessary. When an insurance company realizes these facts are likely to be established in court, they may be more willing to offer a fair settlement. However, it’s important to have a legal professional on your side to represent your best interests. Contact the San Antonio slip and fall attorneys at The Castro Law Office. We’re ready to assist.
What Are Common Causes of Slip and Fall Accident Claims?
Whether someone is involved in a slip and fall or trip and fall accident, liability can exist if another party’s negligence or wrongful acts contributed to the incident. Surprisingly, most of these cases fall into a few specific categories. A San Antonio slip and fall lawyer may be able to assist even if your case doesn’t fit nicely into the following criteria, but most cases do involve the following circumstances or are closely related:
- Wet floors
- Lack of signs warning of potential dangerous conditions
- Uneven surfaces (e.g., stumbling on shop floors, parking lots)
- Lack of maintenance
- Cluttered walkways
- Broken sidewalks
- Failure to remove snow and ice
- Inadequate lighting (e.g., tripping over a public park bench due to low visibility)
- Spilled or dropped substances
- Negligent design or supervision
- Failure to comply with regulations
This list shows that a slip and fall injury can happen at nearly any time and any place. From public property and retail outlets to a best friend’s home and even your job. The important thing to remember is that — when these incidents occur due to negligence or wrongful acts by another party — you may be entitled to financial restitution and more. However, keep in mind that cases can vary significantly. While one person may be entitled to workers’ compensation, another might need to file a lawsuit.
A San Antonio slip and fall accident law firm can help you understand your options.
What Damages Are Available in Premises Liability Lawsuits?
No two premises liability claims are exactly the same. The underlying circumstances of a fall accident case can greatly affect the eventual outcome. If you end up going to court over your injuries, there are various types of damages you may be entitled to. These include:
Economic Damages
Fall accidents most typically lead to financial losses. These can include lost wages, medical bills, cost of therapy, and other monetary damages. When another party is found liable for the harm a person suffers, they’ll typically have to pay economic damages to reimburse for financial loss.
Non-economic Damages
Not all harms experienced by slip and fall victims are financial in nature. This is why non-economic damages are also often available. Pain and suffering, loss of enjoyment in life, emotional distress, and other non-monetary losses may qualify. These may be more difficult to prove, though, and that’s why it’s important to work with slip and fall accident lawyers.
Punitive Damages
When a fall injury claim involves egregious negligence or wrongful acts, the injured party may be entitled to punitive damages. These are meant to punish the liable party rather than compensate the injury victim. This form of damages can be challenging to attain, but a San Antonio slip and fall attorney can help you understand whether you might qualify.
Contact a San Antonio Slip and Fall Lawyer Today
In a perfect world, filing a slip and fall claim would be a straightforward task. You’d simply submit the claim to the liable party’s insurance company, and that company would fairly reimburse you. Unfortunately, insurers are far more often focused on profit. Additionally, the liable party will likely try everything in their power to avoid taking responsibility. Whether you’re up against a negligent property owner, a government entity failing to maintain properties, or any other at-fault party, securing fair compensation may prove difficult.
Fortunately, you don’t have to go through this alone. At The Castro Law Office, our team of experienced legal professionals is committed to securing favorable outcomes for our clients. In one case, this might be possible by engaging in settlement negotiations with an insurance company. In other situations, filing your premises liability claim in court may be necessary. Regardless of the underlying circumstances, our San Antonio slip and fall lawyers are here to assist you. Contact us today to schedule your confidential consultation.