Top-rated Premises Liability Attorneys in Frisco, TX

Kimberly Greer Nichols in Frisco said on Google, “I hired Shane Mullen as my personal injury lawyer for a slip and fall case. I hired them because of the positive reviews they had as well as the amount of experience. I was not disappointed. Shane and Mullen & Mullen did a great job for me and I couldn’t be more pleased.“

ABOUT SLIP AND FALL CASES

Texas law is not on your side.

The legislative and judicial landscape throughout Texas has significantly complicated the process for victims seeking compensation in slip and fall or premises liability cases.

In general, establishing a valid claim requires demonstrating that the responsible party was aware of or should have been aware of a hazardous condition. Furthermore, it must be shown that they owed a legal duty to either warn the injured party about the condition or take measures to rectify it. The nature of this duty depends on whether the individual is classified as an Invitee or a Licensee while present on the property.

Mullen & Mullen Law Firm, located in Frisco, has successfully advocated for numerous clients, securing millions in settlements for individuals who have suffered physical harm in various settings, including office buildings, apartment complexes, restaurants, department stores, convenience stores, grocery stores, and retail outlets such as Walmart.

Equipped with the financial resources, knowledge, skills, and extensive experience, our Frisco-based attorneys are well-prepared to meticulously build your case. We are committed to establishing the essential facts required to secure a settlement for your slip and fall injury.

Notably, our Senior Associate, Joseph Morrison, played a pivotal role as counsel of record in a Premises Liability case recognized by VerdictSearch as one of the Top 5 in Texas in a given year.

What Should You Do Immediately After A Slip And Fall Accident?

Do You Have A Premises Liability Or A Negligent Activity Claim?

The first thing to establish is if you have a premises liability or a negligent activity claim. This short video explains the difference between the two.

When you experience a slip and fall incident on someone’s property in Frisco, whether it’s a local park, a government building, a private or public business, or someone’s home, the circumstances of the accident and the applicable legal framework depend on which body of law governs your case.

If your injury occurred simultaneously with the negligent act or omission, you have a negligent activity claim. This distinction is significant because establishing that the defendant breached a duty of safety in a slip and fall case is comparatively less challenging in negligent activity claims than in premises liability claims.

To prevail in a negligent activity claim, you need to demonstrate the following:

• The defendant owed a general “duty” of care, assessed by the actions or inactions that a reasonably prudent ordinary person or business would take (or not take) under similar circumstances.
• The defendant “breached” that duty.
• The breach “caused” your accident, determined by the “but for” test and the “foreseeability” test.
• You suffered and sustained “damages” as defined by the law.

Illustration of a Negligent Activity Claim

Picture this scenario: You’re browsing merchandise in a grocery store, and an inattentive employee inadvertently pushes a line of shopping carts, colliding with your back and causing you to fall. In this case, your injury coincided with the negligent act. To demonstrate a breach of the duty of care, you only need to prove that a reasonably prudent store employee would have paid attention while maneuvering a lengthy chain of shopping carts. Your argument may rely on common sense, adherence to store training policies and procedures, and efforts to elicit an acknowledgment from the employee regarding the lapse in attention.

Are Witnesses Crucial?

Absolutely. Witnesses can be pivotal in a Frisco slip and fall case, often playing a decisive role. It is essential to gather information on all potential witnesses, as they can be instrumental in showing that the store either knew about or should have discovered a hazardous condition.

Remember: Even if there were no witnesses to your slip and fall accident, you can still establish the facts needed to support and prevail in your personal injury claim. In many instances, your testimony alone can suffice to substantiate the essential elements of your claim for damages.

Does The Presence Of Others Around Me At The Time Of My Fall Make A Difference?

It could. Consider a situation where there is a puddle of water on the floor in a store, constituting a hazardous condition. If two employees were in close proximity to the puddle, it becomes more plausible to argue that the employees were aware of the water on the floor or should have noticed it and taken measures to address the danger. Reflect on your slip and fall incident. Were any employees nearby when you fell? Did the location of your fall happen in a prominent aisle or section of the store? Was there any indication of one or more employees having been in the area just before your fall?

Case Example 1:

Mullen & Mullen Law Firm represented a woman injured at Walmart. She slipped and fell in a puddle of water that leaked from the ceiling. Our lawyers contended that the area where she fell was within the line of sight of three employees, based on the evidence gathered.

Case Example 2:

Our Frisco lawyers represented a man who slipped and fell at a Kroger grocery store due to water on the floor in one of the aisles. Mullen & Mullen Law Firm argued that a pallet with products ready to be stocked, positioned near the water, indicated that a store employee had been in the aisle before our client’s fall and should have identified the hazardous condition.

Does The Content Of What The Employee(S) Communicated Matter?

It could.

For instance, if a store manager admitted to instructing one or more employees to address a spill before your fall, it would evidently indicate that the store, through its employee(s), had actual knowledge of the hazardous condition. At times, statements can establish constructive notice, implying that the store should have discovered the dangerous condition.

Remember: Constructive notice can be established through various means. For instance, if the puddle you slipped in had multiple “tracks” through it, you could argue that the puddle existed long enough for multiple people to encounter it and should have been discovered.

Illustration: We previously discussed the case of a woman represented by our firm who was injured at Walmart when she slipped and fell in a puddle of water from a ceiling leak. Our Frisco slip and fall lawyers also demonstrated that multiple employees had a view of the aisle in question. Mullen & Mullen still had to establish that the puddle of water in question existed long enough for store employees to have discovered it. Our attorneys argued that the size of the puddle (comparable to a medium pizza) coupled with the slow leak (dripping every 3-4 seconds) necessarily implied that the puddle had accumulated over an extended period.

Who Could Be Held Responsible In A Slip And Fall Accident?

Numerous parties might bear responsibility for your injuries, and these parties can vary depending on the type of establishment where the incident occurred. For instance:

• Retail Store: Potential parties include the building owner and the party in possession of the building, contingent on the nature of the alleged dangerous condition.
• Government Building: Possible parties may include the city, county, an agency, or the State of Texas. It’s crucial to note that governmental units and entities often have stringent requirements for filing a Notice of Claim within a specified time frame—sometimes as brief as 30 days. Failing to meet these notice requirements could result in being barred from receiving damages in your slip and fall claim.
• Apartment Complex: The owner of the apartment complex and a property management company may both be potential parties.
• Residence: Potential parties in a residential setting include the owner(s) of the home or tenants. It’s important to be aware that most homeowners have insurance to cover such losses.

In summary, liability for your injuries in a slip and fall accident may extend to the owner of the premises, the manager, and any party in possession of the premises.

IN TEXAS, THE DYNAMICS CHANGE WHEN YOU SUSTAIN INJURIES ON GOVERNMENT-OWNED PROPERTY. THE WINDOW FOR FILING YOUR CLAIM SIGNIFICANTLY SHORTENS.

In a premises liability case in Texas, the statute of limitations is typically 2 years from the date of the incident leading to your injuries. It’s crucial to resolve all claims or initiate legal proceedings (including serving all Defendants) before this statute of limitations expires; otherwise, you will be permanently barred from seeking recovery.

However, if your injury occurs on government property, an additional requirement comes into play. You must file a notice of claim with the relevant government or entities. Under the Texas Tort Claims Act, the notice period is 6 months, but certain local jurisdictions set even shorter deadlines—sometimes as brief as 30, 45, or 90 days. Swiftly reporting your injury and seeking legal assistance is imperative to ensure the validity of your claim(s).

Here’s How Your Compensation Potential Can Be Affected:

When you experience a slip and fall on private property in Texas, insurance policy limits become more subjective and often higher. Generally, you can seek full compensation for economic damages (income loss, medical bills, lost capacity to earn, property damage) without a predefined limit.

On private property, it’s also possible to pursue damages for non-economic harm (emotional pain and suffering, lost companionship, etc.), although this is infrequent and harder to establish.

The same applies to punitive damages, which are rare and reserved for cases involving grossly negligent behavior causing severe injury, aiming to punish the responsible institution or individual.

Where Your Injury Occurs Significantly Influences Your Compensation.

In the case of a slip and fall on private property in Texas, the liability policy limits of the property owner or possessor (or both) typically play a role in determining your maximum compensation. However, this is subject to the financial capacity of the owner or possessor; for highly profitable entities, the policy limits may be less constraining. For instance, if you experience a severe injury due to a slippery substance on the ground:

At a small mom-and-pop restaurant, accepting a $500,000.00 policy limits offer may be a pragmatic choice, even if your actual damages exceed that amount. The limited resources of such a small business may pose challenges in collecting a judgment beyond their policy limits.
On the other hand, if you sustain injuries on Amazon’s property with $1,000,000.00 liability policy limits, and your damages surpass that amount, rejecting the offered limits would be reasonable. In such a scenario, you would seek compensation for your complete economic damages (including income loss, medical bills, loss of earning capacity) and non-economic damages (such as pain and suffering, mental anguish, impairment, etc.).
However, when dealing with governmental entities, your recoverable damages are subject to caps:

Claims against a unit of local government:

• $100,000 per person
• $300,000 per occurrence
• $100,000 for property damage

Claims against a state agency or municipality:

• $250,000 per person
• $500,000 per occurrence
• $100,000 for property damage

Understanding Sovereign Immunity And Its Impact On Government Protection

Before the establishment of America, the concept of suing the king or government for any reason was non-existent in England. This principle, known as “sovereign immunity,” underscores the historical difficulty in pursuing legal action against government bodies, a challenge that persists in Texas. While not as absolute as the historical English version, sovereign immunity in Texas means that government entities are not immune when carrying out functions exclusively benefiting their citizens.

However, sovereign immunity does apply when government functions benefit both citizens and non-citizens. This distinction adds complexity to cases involving slips and falls on government property, although it is not an insurmountable obstacle. It is crucial to promptly report your accident to the government entity and seek the guidance of a qualified attorney to safeguard your rights.

How Our Lawyers Can Assist

Our attorneys leverage comprehensive databases to identify premises owners and managers swiftly. This information allows us to promptly dispatch spoliation of evidence letters to potential parties, instructing them to preserve all evidence relevant to your slip and fall accident case. For instance, many stores have surveillance cameras that may have recorded your fall. Acting swiftly is imperative, as video footage is often retained for only a limited period, sometimes just days. Retaining legal counsel promptly is essential to ensure the preservation of crucial evidence.

WHAT WAS YOUR STATUS ON THE PROPERTY: INVITEE, LICENSEE, OR TRESPASSER?

Does Your Activity On The Property At The Time Of The Accident Matter?

Certainly. Your legal status as a visitor on the property determines the responsibilities owed to you by potential liable parties. Moreover, it influences whether comparative negligence might impede your ability to seek damages.

Who Qualifies As An Invitee In A Slip And Fall Case?

An invitee is essentially an “invited guest.” You assume the status of an invitee when you are on the premises or at a business by explicit (express) invitation or through an implied invitation. Implied invitations often arise when entering stores, restaurants, and other establishments open to the public for shopping, dining, or entertainment.

For instance, if you visit Best Buy to purchase a television and experience a slip and fall while in the store, you would be classified as an “invitee.” This is because you were at the premises by the implied invitation of the store to make purchases. Best Buy, being open to the public, benefits from customers like you. They wanted you to enter and buy a television or another product.

On the other hand, if you entered a gas station solely to use the restroom without intending to make a purchase, you would not be categorized as an invitee.

Typical invitee scenarios encompass a shopper in a store (as in the Best Buy example), patrons at a restaurant, a client visiting an office building, or a guest at a hotel.

What Responsibilities Are Owed To An Invitee?

The owner (or the person in control of the premises) is obligated to an invitee to not only warn about or rectify unreasonably dangerous conditions that they are aware of but also to reasonably inspect and identify unreasonably dangerous conditions. They must then warn the invitee or take steps to make those conditions safe. Even if the dangerous condition is open and obvious, you still have the right to pursue legal action. However, the owner or possessor may argue that a percentage (up to 100%) of your slip and fall injuries resulted from your own negligence, and it becomes the jury’s responsibility to assign fault percentages if the parties cannot reach a settlement through negotiation.

It’s important to note that if a dangerous condition is open and obvious, it can impact your ability to recover damages. For instance, slipping and falling in a puddle of water that was clearly marked off by three bright orange cones may diminish the likelihood of recovering damages. Conversely, if there were no cones present and you slipped on a yellow substance on a white floor, jurors could determine that the store should have identified the dangerous condition, but you also should have seen it, potentially resulting in a 50/50 apportionment of fault among the parties.

HOW DO YOU ESTABLISH ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF A HAZARDOUS CONDITION?

Demonstrating that the at-fault store or establishment possessed actual knowledge of a dangerous condition in a Frisco slip and fall claim is often a challenging task. However, it is not insurmountable. Here are some scenarios where actual knowledge could be alleged:

Employee Statements:

If an employee confesses to being aware of the hazardous condition before your fall.

Store Or Its Employee Created The Dangerous Condition:

Actual knowledge is presumed if the store or one of its employees generated the hazardous condition. For instance, if a McDonald’s employee mopped the customer restroom and omitted placing a yellow warning sign, and you subsequently slipped and fell, actual knowledge could be presumed. The demonstration of the freshly mopped floor would be necessary, implying uniform wetness.

Circumstantial Evidence:

Actual knowledge might be inferred by presenting evidence that an employee attempted to clean up a spill but did so negligently. For instance, our Frisco slip and fall attorneys represented an elderly woman injured at a movie theater. Witness statements indicating paper towels on the floor near the spill were used to illustrate that an employee had attempted cleanup but failed to eliminate all of it before our client’s fall.

Video Footage:

Many businesses and retail establishments have surveillance camera systems. Attorneys can request video footage of the slip and fall incident if available, examining the footage to determine if any store employee(s) walked by the spill, for example.

If you are an invitee, it is not mandatory to prove that the store or business had actual knowledge of a dangerous condition to recover damages. You need only demonstrate that the store or business should have been aware of the dangerous condition and failed to warn you or make it safe.

Examples:

Proximity To The Spill

Was a store employee or representative of the at-fault party present near the location where you fell immediately before your accident? If so, you can argue that the employee or representative should have identified the hazardous condition. For instance, if a grocery store employee was stocking items in the same aisle where you fell. Additionally, if employees were positioned close to where you fell or had a clear view of the area before the incident, it becomes more plausible to assert that the spill should have been addressed or that they should have given you a warning by placing a caution cone nearby.

Keep in mind: Retail employees typically have a responsibility to monitor their surroundings for potential hazards. Many establishments have established policies and procedures for handling spills. For example, employees who discover a hazardous condition may be instructed to “guard” it until they can get the attention of a co-worker for assistance. Moreover, some establishments may instruct employees to place store products or merchandise on the floor around the spill to alert customers until it can be rectified.

Conspicuousness Of The Spill

How significant was the spill? It is evidently easier to argue that a store employee should have noticed a large pizza-sized puddle of water compared to a single drop of water on the floor. What was the color of the liquid on the floor? It is evidently easier to assert that a store employee should have noticed a red-tinted liquid as opposed to a small amount of clear liquid on a white tile floor.

Passage Of Time

The duration of time passing can serve as evidence to establish constructive knowledge of a hazardous condition.

Examples:

• If a 2-foot-long trail of water from a leaking freezer leads to a basketball-sized puddle, it could be inferred that the water had been on the floor for an extended period.
• If you slipped and fell on ice cream on the floor, and the ice cream had congealed before your accident.
• If you tripped and fell in a deep pothole in the parking lot – as potholes do not form instantaneously.

How Our Attorneys Can Assist:

Proving constructive notice can be intricate and necessitates a thorough examination of the specific facts and circumstances of your case. Mullen & Mullen in Frisco boasts extensive experience in scrutinizing case details to establish the required notice. Our law firm has two full-time accident investigators dedicated to gathering the evidence essential for the proper development of your case.

Does Your Purpose For Being At The Premises Impact The Obligations Owed To You?

Certainly. Your classification as an Invitee, Licensee, or Trespasser determines the duties owed to you by the responsible party or parties.

Keep in mind: If you are an Invitee (for instance, while shopping at a grocery store or dining at a restaurant), the responsible party owes you the duty to warn about known hazardous conditions and/or make those conditions safe. Additionally, there is a duty to discover dangerous conditions on the premises and warn or make them safe. If you are a Licensee (a social guest at someone else’s home, for example), the responsible party only has a duty to warn you of known dangerous conditions and/or make those conditions safe.

Remember: The duty to make safe and/or the duty to warn can vary from case to case. For instance, in a slip and fall accident involving water on the floor, the duty to warn includes placing an orange cone or yellow “wet floor” sign near the spill. The duty to make safe involves having an employee clean up the spill. If the hazardous condition is a pothole, the duty to warn includes placing a sign near the pothole to alert customers, while the duty to make safe involves repairing the pothole to ensure a uniform parking surface.

OBTAINING MEDICAL TREATMENT OR THERAPY AFTER A SLIP AND FALL ACCIDENT

If You Don’t Have Health Insurance, Or Money To Pay Your Deductible, Can You Still Get Medical Treatment Or Therapy?

Yes. Our lawyers understand millions of Americans still lack health insurance. Mullen & Mullen also realizes the high cost of medical services and outrageous deductibles could limit your ability to get the medical care you need and deserve. Our law firm has relationships with a variety of medical professionals who specialize in treating accident injury victims.

Will You Be Required To Pay For These Services At The Time They Are Performed Or Rendered?

No. The medical professionals and organizations our lawyers have relationships with will not bill you for services until the conclusion of your premises liability claim.

What Are Common Injuries People Sustain In Slip And Fall Accidents?

The following injuries are fairly common in claims where clients have been injured at a work site, office building, apartment complex, department store, grocery store, convenience store, restaurant, or other retail establishment:

1. Herniated discs
2. Disc extrusions
3. Spinal injury requiring a fusion or discectomy;
4. Torn meniscus of the knee;
5. Torn rotator cuff;
6. Concussion;
7. Sprain/Strain of the spine;
8. Fractured or broken bones.

Of course, people can get injured in countless ways and sustain various injuries from falls. The above list is not exhaustive.

How can our lawyers help?

Mullen & Mullen in Frisco will establish the mechanism of your injury. How you fell and/or landed and/or the positioning of your body can impact your claim value.

OBTAINING A LAW LOAN

Can You Receive An Advance On A Case In Exchange For An Interest In Potential Settlement Proceeds?

Certainly. However, law loan companies are generally more cautious about advancing money on these types of cases compared to motor vehicle collision cases.

How Our Lawyers Can Assist:

Most law loan companies require you to have an attorney before advancing money. Mullen & Mullen has established relationships with law loan companies that trust our ability to evaluate premises liability and negligent activity cases, ensuring you can receive immediate financial assistance.

HOW MUCH COMPENSATION CAN YOU RECEIVE?

It depends on the following criteria:

Present And Future Medical Bills:

You will be compensated for reasonable present and future medical bills related to your injury if the defendant is indeed responsible. For example, if you have soft tissue injuries, clinic records may indicate the need for future maintenance visits. In cases of catastrophic injuries, a certified life care planner may be retained to establish future medical costs.

Lost Earning Capacity:

Consider a scenario where a painter sustains severe shoulder injuries in a fall, preventing him from continuing his painting career. If he has to transition to a desk job with a $30,000.00 per year salary reduction compared to his previous income, and he had planned on painting for another 10 years, his loss of earning capacity would be $300,000.00 (discounted to net present value).

Lost Wages:

This category compensates you for the time you actually missed at work due to your injuries for which you did not receive payment.

Pain And Suffering:

This category of damages is the most unpredictable among all potential awards. It resides in a nebulous area, subject to interpretation.

Some jurors use economic damages as a tentative reference when contemplating non-economic damages such as pain and suffering, mental anguish, and physical impairment.

For instance, if your slip-and-fall results in a lifelong limp, you might receive compensation at a rate of five times the value of your medical bills. Conversely, if your recovery is expected within a month, the multiplier could be as low as one times the value of your medical costs or even less.

The assessment of these numbers is a matter of contention between attorneys and insurance adjusters, making them inherently unpredictable. Treat these examples as illustrations rather than strict rules.

While resources such as this article and a damages calculator can offer a rough estimate of potential pain and suffering compensation, it’s crucial to note that at Mullen & Mullen, we reject the notion that a set amount of medical bills has any bearing on your case, especially when catastrophic injuries are involved. For instance, we recently settled a case pre-suit for 2.6 million dollars (all remaining available policy limits), even though the recoverable medical bills were only slightly above six figures. In such cases, the severity of injuries takes precedence over the arbitrary amount of medical bills.

Loss Of Consortium (Impact On Relationship With Family Members)

Illustrating this is a case involving a man who fell from improperly constructed scaffolding, resulting in multiple fractures and broken bones, along with impotence. He was eligible for financial damages due to the loss of his ability to maintain a sexual relationship with his wife.

While loss of consortium typically does not result in substantial awards, exceptional cases, like the one mentioned, exist.

The Role Of Attorney Skill

From a legal standpoint, there is no law that directly influences the impact of your attorney’s skill on the final compensation amounts.

The proficiency of attorneys can vary, and it’s crucial to select an attorney you trust completely and believe has your best interests at heart. As the client, you have the authority to choose the attorney who best aligns with your needs, and there’s no obligation to hire the first attorney you consult, regardless of any pressure you may encounter. Reputable injury attorneys prioritize your well-being and do not coerce you into making immediate decisions.

Did The Incident Occur On Privately Owned Commercial Property Accessible To The Public?

Let’s consider the most common scenario: you find yourself legally present on someone else’s private property, often a large retail establishment. Fortunately, in this situation, there are no predetermined limits on damages. Currently, the only caps in Texas relate to medical malpractice law, aiming to control insurance premiums for doctors and subsequently manage medical expenses. However, it is essential to assess the profitability of the at-fault party in cases where insurance policy limits are proposed.

Incident At The Workplace

Work-related accidents can be perplexing because employers in Texas are not obligated to carry workers’ compensation. If you experience a slip-and-fall at work, you might be able to file a standard personal injury claim against your employer, especially if they are a “non-subscriber,” and there is no damages cap, as you’ve learned. Alternatively, you can file a personal injury claim against a third party if they are responsible for your fall, rather than your employer.

However, if your injury falls under “workers’ comp” (your employer is responsible for your injuries and is a “subscriber”), the Texas Department of Insurance calculates a “State Average Weekly Wage” (SAWW) for your specific type of work. This figure represents 88% of the average weekly wage in covered employment.

Depending on the severity of your injury, you may be eligible for the following benefits:

• Temporary Income Benefits, equivalent to 100% of the SAWW
• Impairment Income Benefits, equal to 70% of the SAWW
• Supplemental Income Benefits, also 70% of the SAWW
• Lifetime Income Benefits, totaling 100% of the SAWW for the initial year of receiving these benefits
• Death Benefits, comprising 100% of the SAWW

In simpler terms, it’s important to understand that Workers’ Compensation in Texas can be convoluted and may not necessarily align with the best interests of employees like yourself.

ESTABLISHING YOUR ECONOMIC DAMAGES

What Economic Damages Might You Be Entitled To?

The recoverable damages in each case vary based on individual circumstances. Economic damages, which are quantifiable, typically include:

• Damages for the medical bills you have already paid or incurred.
• Damages for the medical bills you will incur in the future due to your injuries.
• Damages for lost wages if you missed work time due to your injuries.
• Damages for the loss of earning capacity in the future.

For instance, if you are a truck driver and sustain injuries that prevent you from sitting for extended periods, making it impossible to continue your employment as a truck driver, you may need to pursue a job that involves standing. If the pay difference between your previous truck driving job and the new job standing is $40,000.00 annually, you would be entitled to the pay difference multiplied by your anticipated remaining work years. This calculation constitutes your lost earning capacity, discounted to its net present value.

ESTABLISHING YOUR NON-ECONOMIC DAMAGES IN SLIP AND FALL CASES

What Non-Economic Damages Might You Be Entitled To?

Similar to economic damages, recoverable non-economic damages, which are not easily quantifiable, generally include:

• Damages for past pain and suffering.
• Damages for future pain and suffering.
• Damages for past physical impairment.
• Damages for future physical impairment.
• Damages for past mental anguish.
• Damages for future mental anguish.
• Punitive damages, though obtaining these damages can be challenging.

Contact our attorneys today to discuss the specifics of your potential claim. Learn how our law firm, with over 40 years of experience, can assist you. Call (214) 529-3476 now or use the form below to request a free consultation. There is never a fee unless we obtain a financial recovery for you.

COMMON MISCONCEPTIONS ABOUT SLIPS AND FALLS

Like many aspects of life, there’s often a discrepancy between how we perceive things and how they truly operate. Rather than discovering later in the process that slip and fall claims work differently than assumed, it’s beneficial to be informed in advance.

It Was Just A Small Fall. You Feel Fine.

While immediate emergency room visits may not be necessary, reporting the incident to your doctor and undergoing a checkup is essential. Serious injuries, such as traumatic brain injuries, may not manifest immediately, and the adrenaline from the situation can mask injuries. A post-fall checkup can unveil any hidden issues.

You Shouldn’t File A Claim. Only Greedy, Selfish People Seek Money.

Contrary to media portrayals, most slip and fall victims seek fair and reasonable compensation to maintain their quality of life. Pursuing a legal claim is not a selfish act; it’s about ensuring justice and proper compensation for the injuries sustained.

If You Fall And Get Hurt On Someone Else’s Property, You’re Automatically Entitled To Money.

Compensation entitlement depends on proving that the property owner knew or should have known of a dangerous condition and failed to address it. Texas law adds complexity to slip and fall claims, making it crucial to establish negligence for a successful claim.

The Faster You Settle, The Better.

In most cases, waiting and allowing a slip and fall lawyer to thoroughly assess the situation often results in a more favorable settlement. Insurers may offer quick settlements to minimize payouts, but understanding the full extent of injuries and damages is crucial before settling.

You Won’t Win That Much, So There’s No Point In Filing A Complex Legal Claim.

The amount you can win depends on various factors, including medical costs, lost wages, pain, suffering, loss of consortium, and more. Seeking legal advice ensures you’re not missing out on compensation that could significantly impact your quality of life.

Slips And Falls Are Frequently Fraudulent.

While fraudulent cases exist, the majority of slip and fall victims are honest individuals seeking fair compensation for legitimate injuries. Reputable lawyers only take on claims they believe are 100% legitimate.

Shiny Floors Are More Slippery Than Less Shiny Floors.

The slipperiness of a floor is more dependent on maintenance and care rather than its shine. The perception of a shiny floor being more slippery is not necessarily accurate.

The Greater The Slip Resistance, The Safer The Floor.

While slip-resistant flooring is generally safer, excessive tackiness can also lead to slip and falls. The ideal balance is crucial to ensure safety.

You Don’t Need To Retain A Lawyer If The Insurance Company Offers To Pay.

Accepting an insurer’s offer without legal advice may result in lower compensation. Insurance companies aim to minimize payouts, and a slip and fall lawyer can negotiate a more favorable settlement.

You Automatically Lose If A Warning Sign Was Present.

While warning signs may complicate your case, they don’t guarantee an automatic loss. The placement and visibility of the sign can be factors, and Texas law doesn’t prevent pursuing a case if a warning was negligently displayed.

You May Have To Go To Court Several Times.

Hiring experienced slip and fall lawyers often leads to settlements during the negotiation process, minimizing the likelihood of multiple court appearances.

You Can Only Seek Compensation For Physical Injuries.

Compensation can extend beyond physical injuries and include pain and suffering, mental anguish, and emotional distress. Seeking a comprehensive understanding of potential damages is essential.

WHAT TO DO AND NOT DO AFTER A PREMISES LIABILITY INJURY

Navigating a premises liability injury involves careful actions to protect your rights and potential compensation. Here’s a guide on what to do and what to avoid after a slip and fall:

Do Get Medical Attention Immediately.

Waiting to seek medical care can reduce your potential recovery, as insurers may argue delayed treatment implies no serious injury. Promptly seeing a doctor ensures early detection of injuries, even those not immediately apparent.

Do Not Miss Medical Appointments Or Fail To Follow Doctor’s Orders.

Consistent adherence to medical advice is crucial. Neglecting appointments may lead to the insurer claiming you failed to mitigate damages or weren’t severely injured, potentially reducing or jeopardizing your claim.

Do Report Your Slip And Fall Within 24 Hours To The Property Owner.

Fill out an on-site report if possible, and if delayed, ensure prompt reporting either by a friend, family member, or upon your return. Swift reporting enhances the credibility of your claim.

Do Get A Copy Of Your Report.

Obtain a written copy of your report from the police, landlord, store manager, or yourself. Ensure you have a record of the report, as it may be crucial for your case.

Do Hire An Attorney As Quickly As Possible.

Immediate legal representation prevents the at-fault party from conveniently losing evidence. A lawyer can swiftly demand the preservation of all evidence related to your claim.

Do Take Lots Of Photos.

Document the accident scene thoroughly with close-ups and wide-angle views. Capture images of the exact location of the fall and any contributing factors. Video footage is also valuable. If unable, ask someone to take pictures as per your guidance.

Do Not Forget To Get Witness Contact Information.

Obtain names, addresses, and phone numbers of witnesses. Have them text the information to you on-site for certainty. Witnesses can significantly impact the outcome of your claim.

Do Contact A Lawyer.

While you may attempt handling the legal process alone, consulting a lawyer is essential. Legal professionals ensure you don’t jeopardize your claim and can maximize compensation.

Do Not Give The Insurer A Recorded Statement.

Avoid providing recorded statements to insurers, as they may use your words against you. You’re not obligated to speak with the insurance company, and consulting a lawyer first is advisable.

Do Try To Figure Out What Caused Your Slip And Fall.

Identifying the cause strengthens your claim. Knowing specifics, such as the origin of a slippery floor, enhances the credibility of your case.

Do Not Sign Any Insurance Company Papers Without Talking To A Lawyer First.

Let a slip and fall lawyer review insurance documents before signing. Signing without legal guidance may result in an unfavorable deal.

Do Try To Determine How Long The Dangerous Condition Existed.

Understanding the duration of a dangerous condition is crucial under Texas law. Property owners need reasonable time to address hazardous conditions.

Do Take Detailed Notes.

Document your account of the slip and fall promptly. Detailed notes or a video recording provide a personal record beyond the accident report, ensuring a comprehensive perspective.

CONTACT US FOR A FREE CONSULTATION

Call (214) 529-3476 talk to a Frisco premises liability attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.

We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.

Seriously Hurt? We’ll Come to You!

FRISCO OFFICE

Mullen & Mullen Law Firm in Frisco, TX
2770 Main St #258
Frisco, TX 75033
(214) 529-3476