Hurt in a slip-and-fall because of someone else’s negligence? Find out what you may be able to recover, depending on where you injury happened.
What can you get for your injuries?
We could write a whole book on this subject.
Do know that a lot of it depends on the skill and experience of your lawyer. Work with a rookie straight out of law school, which does happen at volume firms, and you can end up with a lot less than what you might get with an experienced lawyer at a small private firm.
Take a look at various types of places you can get hurt at, and what monetary damages you might be able to recover:
A Slip-and-Fall on Private Commercial Property Open to the Public
Let’s start with the most common injury: you’re legally on someone else’s private property, usually a large store of some kind. You slip, fall, and get hurt.
Fortunately for you, there’s absolutely no cap for this situation. Currently, the only caps in Texas exist for medical malpractice law to keep insurance premiums for doctors, and therefore medical expenses, down. You can learn more about the types of damages you can recover in this post.
But that all changes when you slip-and-fall on government property.
Try Not to Take a Spill on Government Property
Generally, Texas law protects government agencies from liability entirely. Many times you can be barred from recovery dependent on your status on the property and dependent on what sort of notice they had of the dangerous condition.
However, they may have to compensate you in a slip-and-fall case, as long as you are engaged in lawful action on their property, and they were somehow negligent in maintaining it.
Here’s how they typically cap the damages you can receive, depending on the entity:
- State government – $250,000 per person and $500,000 per occurrence
- Local government – $100,000 per person and $300,000 per occurrence
- Municipalities – $250,000 per person and $500,000 per occurrence
The government also gives you a shorter time frame to file your claim, which can be as little as 30 days but which is typically 180 days (compared to 2 years for claims against private businesses/citizens). Government agencies want to keep their costs down, so they make it hard for injured victims to recover compensation.
You can read the full details about specific recovery here at the State of Texas website for further information.
You Slip-and-Fall At Work
Work slips-and-falls get confusing because employers aren’t required to carry workers’ comp in Texas. When you slip-and-fall at work, you may be able to file a standard personal injury claim against your employer, which has no cap as you’ve learned.
However, if your injury falls under “workers’ comp,” the Texas Department of Insurance calculates a “State Average Weekly Wage” for your type of work. This number is 88% of the average weekly wage in covered employment.
Depending on the severity of your injury, you can get:
- Temporary Income Benefits, or 100% of the SAWW
- Impairment Income Benefits, or 70% of the SAWW
- Supplemental Income Benefits, or 70% of the SAWW
- Lifetime Income Benefits, or 100% of the SAWW for the first year you receive these benefits
- Death Benefits, or 100% of the SAWW
Confused? I am too!
In layman’s terms, know that Workers’ Compensation in Texas is a complete mess that does not serve the best interests of employees like you.
If you want to attempt to understand their gobbledygook, you can try visiting their website.
Consultations are Free, So Talk to a Personal Injury Lawyer
No slip-and-fall personal injury lawyer can give you a guaranteed figure you can possibly recover. There’s too many external factors not under their control, which also includes the attitudes of the other parties involved.
However, a good slip-and-fall lawyer knows how to navigate the mess that is the Texas legal system to get you the most money possible. Consultations are free, so you’re wise to talk to a slip-and-fall lawyer, as they may be able to give you a ballpark figure.