What is the average slip and fall settlement worth in Texas? Settlement amounts vary according to specific case factors, so there is no “average” amount.
Partnering with an experienced, aggressive Houston slip and fall accident lawyer is the best way to secure the highest settlement available.
The Extent of Your Injuries and Their Consequences Will Affect the Value of Your Claim
A demand for compensation for injuries and losses sustained because of someone else’s negligence is a personal injury claim in Texas. Victims hurt in a slip and fall accident can fight to hold property owners accountable. The amount victims receive depends on a variety of factors.
The extent of your injuries and their consequences is a major factor. The more severe your injuries, the higher your medical costs and the more likely you are to be out of work. More serious injuries affect your quality of life, too.
Your attorney will take great care when evaluating the full cost of your injuries. To be fairly compensated is critical to consider the long-term effects, not just what you are feeling “now.”
Damages a Slip and Fall Settlement Can Recover
You can fight to recover economic and non-economic damages for a slip and fall accident. Economic damages account for the financial losses you sustain. They typically include:
- Income lost during recovery time
- Future earnings and benefits if you can’t go back to work
- Costs of medical treatment
- Continuing medical costs if the consequences of your injuries require ongoing care
- Any other costs related to your slip and fall incident
Some losses do not come with a bill attached but still warrant compensation. These are non-economic damages. They recognize your emotional suffering, physical pain, and reduced quality of life. There is no average slip and fall settlement amount, but you can trust our team to fight for the maximum amount available.
Partnering With a Slip and Fall Attorney Quickly Can Increase the Worth of Your Slip and Fall Settlement in Texas
As established in the Texas Civil Practice and Remedies Code Section 16.003, you usually have two years to file a personal injury claim for a slip and fall accident. If you allow this deadline to pass, you could lose the opportunity to get justice. A swift legal partnership ensures you’ll file on time.
Convincing evidence supports your claim. It’s harder for the other side to deny your settlement demand if you have thorough evidence of their negligence and the value of your claim. Key information is most available in the early days of your incident’s aftermath and can include:
- Security camera footage
- Witness statements
- Documentation of your injuries and treatment
- Photos of the accident scene
- Physical evidence from the site
- Accident reports
An experienced slip and fall accident lawyer in Houston has the skills and resources to carry out a full, productive accident investigation.
The Degree of the Property Owner’s Duty of Care Can Impact Compensation Amounts
Property owners have a legal obligation, called a duty of care, to keep their properties safe from known hazards. It is their responsibility to take reasonable measures to keep those on their property safe. The premises liability laws in Texas put property visitors into three categories:
Invitees
Invitees are on a property for the “mutual benefit” of the invitee and the property owner. Examples include retail store shoppers, hotel guests, and restaurant patrons. Property owners owe invitees a high duty of care. They need to have procedures in place to warn invitees of potential dangers and mitigate those dangers quickly.
Licensees
Licensees are guests on the property, such as neighbors or friends attending a backyard barbecue or indoor dinner party. Package and food deliverers, plumbers, and others performing business services for the benefit of the property owner are also licensees.
Property owners need to keep the premises free of known hazards or warn licensees of the hazard. The duty of care they owe licensees is less than that of invitees.
Trespassers
Trespassers are on the grounds unlawfully. They have not been invited or granted permission to enter. Per Section 75.002, Texas property owners must refrain from “willful or wanton acts or gross negligence” that could harm a trespasser, but otherwise, do not owe them a duty of care.
Though specific factors still affect each claim, a slip and fall accident settlement’s worth in Texas may be greater for an invitee than a licensee because of the property owner’s higher duty of care.
How Your Level of Fault Affects Your Settlement Amount
Texas operates under a modified comparative negligence system for slip and fall incidents and other personal injury claims. Under Section 33.001 of the Texas Code, you can only file for damages if you are less than 51% to blame for your slip and fall accident.
If you are eligible to proceed but still hold a percentage of blame, you cannot collect your full, calculated settlement amount. You collect a reduced amount, with the reduction representing your percentage of fault. Those assigned 15% of the blame collect 85% (15% less) of the calculated amount.
Negotiating for the Highest Settlement Possible
An important part of what a personal injury lawyer does is value your losses and negotiate a settlement. The at-fault party’s representatives want to minimize your losses and inflate your fault. We will be prepared to challenge their tactics.
Your attorney will send the other side a settlement demand. The typical response is a lower offer. Then, negotiations proceed with each side presenting adjusted offers and arguments. We will come to the negotiating table with comprehensive evidence and a strategic plan to negotiate the highest settlement possible.
Many claims resolve this way, though sometimes the other side is uncooperative. If they don’t offer what your claim is worth, it may be best to take your case to trial and fight for justice in a courtroom. We will help you make this decision. While there may not be an average slip and fall settlement amount, our goal is to maximize your settlement or trial award.
We Stand and Fight for You
Lowe Law stands with injury victims and is a fierce advocate for justice. You should not have to bear the financial consequences of an accident caused by a negligent property owner.
A Houston slip and fall accident attorney from our team is ready to fight for the highest slip and fall settlement or trial award possible.