Austin Slip & Fall Lawyer

Trusted Slip & Fall Attorney in Austin, TX

When most people hear the term “slip and fall,” this often seems like a relatively minor type of accident. Many people experience slips and falls without sustaining much more than minor scrapes and bruises, but the reality is that these accidents can easily result in life-changing injuries. If you were treated at St. David’s Medical Center or another hospital in Austin after a slip and fall that someone else caused, it’s vital to speak with an Austin slip & fall lawyer.

Representing Victims of Slip and Fall Accidents in Austin, TX

The Stewart Law Firm has helped thousands of clients for more than 23 years and has successfully recovered millions in compensation for all types of personal injuries. Slip-and-fall accidents can potentially cause permanent damage, and if you or a loved one has suffered such an injury due to a property owner’s negligence, you need to know how to hold them accountable and the value of having experienced legal counsel on your side.

A seasoned Austin slip & fall attorney is a valuable resource in several ways:

• You can trust your attorney at The Stewart Law Firm to determine whether you have valid grounds to file a personal injury case. Successfully recovering compensation requires proof that another party’s negligence or misconduct directly caused actual harm.
• Your attorney can handle the procedural requirements for filing the case. This includes gathering the evidence needed to prove liability so you can meet the statute of limitations for your personal injury claim.
• You need legal representation who can help you secure as much compensation as state law allows for your damages. If your slip-and-fall accident resulted in a catastrophic injury, you need an attorney who can pursue full repayment of your economic losses along with appropriate compensation for the pain and suffering you experienced.
• Any personal injury case can potentially raise complex liability disputes and other unexpected challenges, and you need legal counsel you can trust to respond fluently and keep your case focused despite any sudden disruptions.

These are just a few of the reasons why you need to hire a slip & fall lawyer as soon as possible after your accident. Building your case may be more challenging than you expect, and some of the evidence you will need to assert liability for your injuries may not be obtainable for long. The Stewart Law Firm is ready to help you build your case, and the sooner you reach out to our firm, the sooner we can get started.

CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION

Understanding Texas’ Premises Liability Laws

Every private property owner in Texas is responsible for keeping their property safe for lawful guests and visitors. This responsibility extends to invitees, which include people who visit the property for business reasons, and licensees, who visit the property for personal reasons. Mail carriers, utility workers, customers to a private business, and houseguests are just a few examples of people owed this duty of care.

State law does not impose a duty of care for preventing harm to trespassers, however. If someone illegally enters another person’s property and suffers a slip and fall, they do not have grounds to file a civil claim against the property owner since they illegally entered the property. There are some exceptions to this, usually with respect to young children and “attractive nuisances” on a property, such as a playset or swimming pool.

If a property owner has any reason to think that a neighbor’s children could wander onto their property because of such attractive nuisances, children do not possess the same self-awareness or personal responsibility as adults, so the property owner has a legal duty to take appropriate steps to prevent injuries.

If you suffered injuries in a slip-and-fall accident on someone else’s property in Austin, you will need to prove that you were lawfully present on the property, meaning you had the property owner’s express or implied permission to enter their property. You must then prove that your injury was the direct result of the property owner’s failure to correct a foreseeable safety hazard on their property.

Whenever a property owner notices any hazard that could potentially injure a lawful visitor, they are required to either fix the problem right away, post a clearly visible warning sign, or provide visitors with specific verbal warnings about known safety hazards. Failure to exercise diligence in any of these ways can lead to liability for a lawful visitor’s slip-and-fall accident and the resulting damages.

Comparative Negligence in Slip & Fall Cases

Texas upholds a modified comparative negligence law, also called a proportionate responsibility law. Under this law, when multiple parties share fault for an injury, each liable party is assigned a percentage of the total fault, reflecting each party’s respective degrees of responsibility for causing the resulting damages.

When a plaintiff is found partially responsible for their slip-and-fall accident, they can be assigned a fault percentage along with the defendant. As long as the plaintiff is found less than 50% at fault, they can still claim damages from the defendant, but they will lose a percentage of their total compensation equal to their fault percentage. For example, 10% fault would mean losing 10% of the total damages secured from the defendant.

A plaintiff in a slip-and-fall case may be found partially liable if evidence shows they were negligent in any way that contributed to their accident. For example, if they fell down a staircase due to a broken handrail, but security footage shows they were looking at their cell phone as they started to descend the stairs, they could be found partially liable, and this will result in a diminished verdict or settlement.

It’s common for defendant property owners in slip & fall cases to accuse injured victims of comparative fault in their efforts to avoid liability for the damages they caused. Your Austin slip & fall lawyer can help you address any such allegations made against you and explain how any comparative fault you may bear could influence the outcome of your case. If you are found partially liable, your attorney may help minimize the fault percentage assigned to you.

Claiming Compensation for Your Slip & Fall Accident

The goal of any personal injury case is for the injured plaintiff to secure appropriate compensation for the economic and non-economic damages they suffered because of the defendant’s negligence. Some victims of slip-and-fall accidents only sustain minor injuries and recover relatively quickly, but others sustain life-changing injuries and need experienced legal counsel to help them recover suitable compensation.

After your Austin slip & fall lawyer has successfully established fault for your accident, they can then calculate the full extent of the damages you are eligible to claim: 

• The defendant is liable for the cost of all medical care you need to recover from your injuries. This can include the cost of future rehabilitative treatments you need if you sustained a catastrophic injury.
• If the plaintiff is unable to work due to their injuries, they have the right to claim compensation for the income they were unable to earn during this time.
• When the plaintiff has suffered a permanently disabling injury, they may not be able to return to work in the future, or they may not be able to earn as much as they did prior to the injury. A skilled attorney can help their client secure compensation for lost future earning capacity.
• The plaintiff has the right to seek compensation for the pain and suffering they experienced. While there is no single formula that must be used to calculate pain and suffering, your Austin slip & fall attorney can help you determine a suitable amount that reflects the scope and severity of the injuries you suffered.

Ultimately, the goal of a personal injury case is for the victim to obtain the compensation they need to be as “whole” again as possible. Many slip & fall victims eventually recover, but others are not so fortunate and sustain life-changing permanent injuries.

For example, falls account for about 31.6% of all spinal cord injuries in the US. When someone suffers a spinal cord injury, they may be permanently paralyzed below the injury site. The spinal cord cannot repair itself after injury like the rest of the body, so the harm done is permanent. Slip & fall accidents can also result in traumatic brain injuries, which also have a very high chance of causing permanent disabilities.

CALL OUR FIRM AT (512) 326-3200 TODAY.

Building a Case for a Catastrophic Personal Injury

A personal injury can qualify as “catastrophic” when the victim is permanently harmed by the injury. Traumatic brain injuries, spinal cord injuries, damage to internal organs, and injuries that result in the loss of a bodily function can all qualify as catastrophic. If your slip and fall accident resulted in such an injury, it is crucial to hire a slip & fall lawyer with a proven record of successfully handling injury claims at this level.

While the goal of most personal injury cases is for the plaintiff to be made as “whole” as possible again, this is impossible when their injuries have left them permanently disabled. Plaintiffs in these cases not only contend with the immediate economic strain of expensive medical bills and inability to work, but also further complications when they require in-home supervision and medical care, which may require their spouse or other family member to quit their job.

Ultimately, these situations can quickly spiral into very difficult financial situations for victims and their families. Additionally, most catastrophic injuries not only come with financial and physical challenges, but psychological ones as well. Victims may struggle with Post-Traumatic Stress Disorder, severe anxiety and depression, and diminished ability to enjoy life as they adjust to the resulting disabilities.

Many people who suffer permanent disabilities from their injuries require extensive mental health counseling and support at home to come to terms with the new limitations these injuries can cause. It is crucial that if you or a family member suffered this level of injury, you find an attorney who can pursue as much compensation as possible for the pain and suffering the catastrophic injury has caused.

The Stewart Law Firm excels at resolving complex personal injury cases and always seeks as much compensation as state law allows for our clients’ damages. You can trust our team to accurately calculate all of the damages you are eligible to claim and to pursue appropriate pain and suffering compensation that reflects the severity of your condition.

CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION

Hire a Slip & Fall Lawyer in Austin Today

When you hire a slip & fall lawyer to represent you, they should be able to develop an individualized case strategy that addresses your unique needs and concerns. The Stewart Law Firm will take time to listen to your story, assess the full scope of your legal options, and prepare a case aimed at obtaining appropriate compensation for the economic and non-economic losses you suffered.

You can rely on us to gather evidence like property maintenance records, security footage, witness statements, medical records, and more to help you prove liability.  We will carefully construct your case to firmly establish liability and challenge any allegations of comparative fault from the defendant. We will verify that all court filings are completed on time and respond quickly and fluently to any unexpected challenges that arise as your case unfolds.

Many personal injury cases filed in Texas are settled privately outside of court, and the defendant in your case may wish to pursue settlement negotiations as an alternative to protracted litigation. While you can trust The Stewart Law Firm to negotiate on your behalf, we are fully prepared to represent you in litigation should your case require it.

Ultimately, you are likely to have many difficult legal questions that only an experienced Austin slip & fall attorney can answer. The Stewart Law Firm, PLLC, has an extensive record of successful personal injury representation in Austin and surrounding communities of Texas, and we are confident we can guide you to a favorable outcome in your case. Contact us today to schedule a free consultation with an experienced Austin slip & fall lawyer.

CALL (512) 326-3200 TO SCHEDULE YOUR CONSULTATION