The amount to be recovered in a slip and fall injury in Texas is dependent on many factors. A significant factor is to hire an attorney who has legal experience and knowledge in litigating slip and fall types of injury. The attorney needs the following information before a lawsuit is filed:
Where was the place of injury?
What was the date of the injury?
What is the injury as determined by a physician?
What is the time limit when a lawsuit must be filed, which is referred to as the Statute of Limitations?
Are there any limits placed upon the amount of recovery?
PLACE OF THE INJURY/ TIME LIMIT
If the injury took place on someone’s property, you have two years from the date of the incident to file your lawsuit.
If the injury took place at your employment, you could not directly sue your employer, You must report a claim with the Workers Compensation Board through your employer but only if your employer purchases private Workers Compensation insurance, which is not mandatory in Texas. If the employer does not have private Workers Compensation insurance, the employee can sue the employer directly. The deadline for filing a WC claim is one-year; otherwise, it is two years for a private lawsuit with no WC insurance.
If the injury takes place on Texas governmental property, historically Texas could not be sued under a governmental immunity theory. However, the Texas legislature passed the Texas Tort Claims Act. The injury claim must be made to the appropriate government unit within six months of the date of the accident.
COMPENSATION
The standard for determining compensation includes such factors as the severity of the injury, medical and living expenses, pain and suffering, loss of relationship with your spouse, loss of employment and employment opportunities.
WC has its measurement of compensation calculated according to a class of injuries.
Texas Tort Claim Act compensation is limited to no more than $250,000 per person and $500,000 per occurrence.
MODIFIED COMPARATIVE NEGLIGENCE
Texas has passed a Modified Comparative Negligence statute which basis the compensation for a non-governmental personal injury upon the proportional fault of the parties. If the injured party contributed 51% of the fault causing the injury, the injured party would receive no compensation. Otherwise, less than 51%, the injured party would be fully compensated.
