San Antonio Area Texas Slip and Fall Personal Injury Settlements Without Surgery

Monday, August 7, 2023

The settlement value of a slip and fall personal injury case without surgery can vary widely depending on various factors. Since each case is unique, it’s challenging to provide an exact figure. However, some common factors that can influence the settlement amount in slip and fall cases without surgery include:

Severity of Injuries: The extent and severity of the injuries you sustained in the slip and fall accident play a significant role in determining the settlement value. Injuries can range from minor sprains and bruises to more severe issues like fractures or soft tissue injuries.
Medical Expenses: The total medical expenses incurred as a result of the slip and fall accident, including doctor visits, diagnostic tests, physical therapy, medications, and any ongoing treatment, are considered when calculating the settlement.
Pain and Suffering: Compensation for pain and suffering is a significant component in personal injury settlements. It accounts for the physical and emotional distress caused by the accident and the subsequent recovery.
Loss of Income: If the injuries caused you to miss work or resulted in a decrease in earning capacity, you may be entitled to compensation for the lost wages.
Liability: Establishing liability is crucial in a slip and fall case. If it is clear that the property owner or another party was negligent and their negligence led to your injuries, it can strengthen your case and potentially increase the settlement value.
Comparative Fault: In some cases, the injured party may share some degree of fault for the accident. Texas follows a modified comparative fault system, which means your compensation may be reduced if you are found partially responsible for the accident.
Insurance Coverage: The insurance coverage available, both from the liable party and your own insurance policies, can impact the potential settlement amount.

It’s important to note that insurance companies will often try to settle claims for the lowest amount possible. Having an experienced personal injury attorney can be beneficial, as they can help you navigate the legal process, negotiate with the insurance company, and ensure you receive fair compensation for your injuries and damages.

What Is a Settlement?

First and foremost, it is crucial to understand what a settlement is and what it means for you. Generally, a settlement is an agreed-upon amount of compensation that occurs outside of court. It is negotiated between the parties without the need for judicial intervention. A settlement will also typically dispel the defendant of any further liability or responsibility. Most cases resolve in a settlement, and only a small percentage go to trial. It is possible to negotiate a settlement on your own, but if you are inexperienced at negotiating with insurance companies, there is a high likelihood that you will not get the adjuster to give you what your case is worth. Insurance adjusters work to save their company money and pay you as little as possible. Therefore, it is best to have an experienced personal injury lawyer deal with the insurance company or defendant. Settlements will vary widely from case to case, not just in the amount but also in the type of settlement. Settlements can be in the form of lump sum payments or incremental payments.

Slip-and-Fall Settlements

While there is no precise settlement calculator, several factors will be considered when determining slip and fall settlements. These include the following:

The severity of your injuries,
Present and future medical costs,
Lost wages,
Insurance policy limits, and
Applicable law.

A jury or judge will use these same factors when rendering an award should a case proceed to trial.

Common Slip-and-Fall Injuries

There are a plethora of injuries that could occur as a result of a slip and fall, some more severe than others. Common slip-and-fall injuries include the following:

Broken bones,
Concussions,
Other traumatic brain injuries,
Spinal cord and neck injuries,
Wrist injuries,
Cuts and scrapes,
Hip fractures, and
Chronic pain.

A slip-and-fall accident can result in multiple injuries at once. Many of these require extensive medical treatment, including surgery and rehabilitation. In addition, many slip-and-fall injuries are not immediately apparent but manifest over hours, days, or weeks. If you are a victim of a slip-and-fall accident, it is imperative to seek legal representation as soon as possible.

Types of Damages

There are generally three types of damages in slip and fall cases: economic, noneconomic, and punitive damages. Economic damages are intended to cover actual, calculable costs incurred due to your injuries, including medical bills and lost wages. Noneconomic damages are subjective or intangible losses that compensate you for the negative impact your slip-and-fall injuries have on your life. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. While it is common for plaintiffs to recover economic and non-economic damages, only a tiny percentage recover punitive damages. Punitive damages are intended to punish a defendant for particularly egregious conduct. Texas follows a modified comparative negligence standard, allowing a plaintiff to recover damages only if their percentage of fault for the fall is less than 51%. If a plaintiff is more than 51% at fault, they will likely be barred from compensation altogether.

Slip-and-Fall Settlements Without Surgery

Make no mistake; even if your injuries do not necessitate surgery, they can still be severe enough to warrant a substantial settlement. Non-surgical treatment applies to concussions, certain fractures, and other traumatic brain injuries. Every individual is unique. And what may be generally considered a minor injury could still severely impact your life and result in a substantial settlement. Whether you only suffered minor injuries or severe permanent injuries, you could be entitled to compensation. It is essential to meet with an experienced personal injury attorney to understand your options.

If you’ve been injured in a slip and fall accident, it’s essential to seek medical attention immediately and consult with a personal injury attorney to understand your rights and options for seeking compensation. They can evaluate the specifics of your case and provide a more accurate estimate of the potential settlement value.

Posted by Aaron Herbert at 7:06 am

Slip and Fall Dangers at Local Stores in the San Antonio Area

Monday, January 24, 2022

In the San Antonio area there are thousands of walk-in stores – This includes retail stores, grocery stores, convenience stores as well as more generalized walk-in places such as lobbys and shopping malls. At any given time there could be a slip and fall danger in these places. These dangerous areas may be from employees mopping without the proper warning signs or accidental spills by other customers. In any case, it is the responsibility of every store to identify and clean up any slick areas that may cause people to fall and hurt themselves.

In most cases we can’t expect a store owner or their employees to immediately. One example is if a customer spills a drink on a tile floor. Then another slips on that spill shortly after. It’s likely the owner nor employees is even aware of the danger, let alone had time to get supplies to clean up the spill. The requirements to seek compensation for slippery or dangerous conditions in a store is that the owner or employees knew about the hazard a reasonable time before the slip / fall happened. This is where there is room for interpretation and the details of your particular case need to be reviewed. For example, many stores in San Antonio such as Wal Mart, Target, Costco, etc often have greeters at the front door. These people should be able to identify a spill or dangerous area fairly quickly in that area. However, in other parts of the store such as in side isles that aren’t necessarily monitored it could take some time for anyone to know there is a spill. This is why it’s important to have an experienced slip and fall lawyer for your case.

What Should You Do If You Slip at a Store and Hurt Yourself?

As with all injures irrelevant of the nature, please get necessary medical treatment. Particularly with falls, you might twist your ankle or wrist (for example) with minimal discomfort initially, but deeper injuries to bone or tissue might present days to weeks later. The store you fell at will likely be responsible to reimburse you for any costs due to getting your injury checked out and treatment you receive. However, they may not be forthcoming about this and hope you or your insurance pays for your medical care. This is why it’s important to have a San Antonio slip and fall attorney review your case. Nearly all personal injury attorneys in San Antonio and Texas will review your case for free and not charge anything unless you are reimbursed for medical expenses, time away from work and long-term pain.

Why Contact The Law Firm of Aaron A. Herbert, PC?

Many slip and fall lawyers in the San Antonio area will negotiate with the store’s attorneys and come to a settlement agreement. While this is easier for the attorney it’s not necessarily the best option for someone who was injured in a slip and fall accident. Aaron H. Herbert and hit team of lawyers, paralegals and other legal professions are trial lawyers. This means if we believe we can get you a better outcome by going to trial, we will. In addition, Aaron is a board certified trial lawyer in Texas so you can start your case with us knowing you will receive the best legal representation possible. Only about 2% of all Texas lawyers are board certified, and we have two on our staff. Call, Email or chat with us 24/7 to start your case review

Posted by Aaron Herbert at 8:50 am

What Are Some Tips to Prevent Workplace Slips & Falls?

Friday, January 14, 2022

Workplace accidents are one of the most common causes of injury. This type of incident causes 15% of all accidental deaths—second only to motor vehicle accidents. The greatest number of fatal falls occurs in the construction industry, but virtually every industry has this risk. The health services and retail industries have the highest number of nonfatal slip and fall accidents. The Occupational Safety and Health Administration has rules employers must follow to prevent slips and falls, and the best way to protect yourself is to be proactive.

Pay Attention While You Walk

A second of inattention can lead to a catastrophic slip and fall accident, especially if you work from great heights or with dangerous equipment. Texting and walking, for example, can result in falling down a flight of stairs, slipping on an obvious spill, or tripping over an obstacle. Your employer has a duty to take measures to ensure employee safety and reasonably prevent hazardous situations in the workplace. However, you also have a duty to pay attention to where you are going. In Texas, the jurisdiction of modified comparative negligence means if the court finds you more than 50% at fault for a slip and fall accident, you will not receive any compensation. If you’ve been injured after falling on unsafe conditions contact a slip and fall attorney in San Antonio

Wear the Proper Equipment

Ignoring your employer’s dress code or workplace regulations will only result in your own personal injury. Rules are in place to protect you from accidents such as slips and falls. Often, a slip and fall accident results from loss of traction between the shoe and the walking surface. Wear appropriate shoes for your job, with non-slip bottoms and the right type of heel to prevent this kind of accident. If you work in the construction industry, wear the proper harness or other equipment to protect yourself in the event of a fall. The right equipment can mean the difference between life and death in a dangerous industry.

Keep Your Facility Clean

It is up to an employer to create and enforce good housekeeping practices, but as an employee, you must always strive to keep your workplace facility clean and clear of hazardous obstacles. A cluttered workplace is a trip and fall risk, where an immobile or moveable object on the ground comes in contact with a person’s foot, ankle, or shin. Keep the workplace clear of dangerous obstacles, and follow protocol when there is a spill. Mark the area clearly with a warning sign until you can clean the spill. A sloppy workplace is a recipe for disaster, especially in high-risk industries.

Report Hazardous Circumstances

If you notice anything in your workplace that stands out to you as a slip and fall hazard, report it to your employer immediately. It is your employer’s duty to remedy dangerous environmental circumstances, such as an uneven sidewalk or an icy parking lot. [RELATED: Can You Sue for Falling in a Parking Lot?] If your employer knew of the dangerous situation and did nothing to prevent a slip and fall accident, the courts would find him or her at fault. If your employer reasonably could not have known about the hazard, the case will settle differently. Notify your employer about a dangerous spill, poor lighting, obstacles in aisles or walkways, or other hazardous situations so he or she can take the proper steps to remedy the problem.

Stay Vigilant

Many slip and fall accidents are entirely preventable with the proper foresight and attention to the job activity. Do not assume your workplace is safe. Instead, be proactive about your safety and take steps to ensure you will not be the next victim of a serious slip and fall accident. If you do suffer a slip and fall injury, get in touch with a personal injury attorney right away to discuss your case and investigate your workplace.

Posted by Aaron Herbert at 12:10 pm

What Can I Do If a Sinkhole Has Caused Damage or Injury?

Wednesday, October 27, 2021

Residents of San Antonio sometimes encounter a threat from sinkholes, which can damage property and injure or kill people. The holes occur more frequently in Texas than any other state. They occur naturally and can form without any obvious warning signs. Texas law includes protections for citizens and insurance companies, but many find these regulations complicated. Read on to learn more about sinkholes, the damages they cause and how the government classifies them, methods available to you for filing a claim, and what you should do in the aftermath of a sinkhole.

What Is a Sinkhole?

When water dissolves land forms of soil, sediment, or rock as foundation, a sink hole occurs. The ground may sink into an underground cave that forms from the water dissolution. Insurers are required to cover a catastrophic ground cover collapse when the ground collapses abruptly, a visible hole or depression appears, structures are damaged, and the government condemns the structures due to the damages. If your home is damaged by a sinkhole but all four of those conditions are not met, and you do not have sinkhole coverage, an insurance company can deny a claim. All companies insuring homes in Texas must offer sinkhole coverage. However, if the company completes an inspection and finds sinkhole activity on the property or nearby, they may refuse coverage.

Methods for Filing Suit

When sinkholes occur, owners and those injured may file a claim for liability. These claims fall into different categories, based on the circumstances:

Premises Liability

Visitors to a home or building who receive injuries because of a sinkhole may file suit against the owner claiming premises liability. Owners must make every effort to keep visitors to their property safe from harm. When an owner is aware of a potential sinkhole forming but does not take action to address the dangerous situation, the injured party can sue the owner for failing to fulfill his or her responsibilities.

Real Estate Fraud

Home sellers must advise potential buyers of sinkhole threats. Although the warning signs of a sinkhole forming can be hard to spot, if a seller knows of a sinkhole and fails to inform the buyer, the seller could bear full liability for the damages. Most commonly these holes cause an injury that only a San Antonio slip and fall lawyer can help with.

Neighborly Nuisance

Sometimes a company or entity near your home sets the stage for the sinkhole to happen, causing the damage to your home. A gas company may be doing maintenance on pipes, for example. A factory could do some work that affects an entire neighborhood. Suing a neighbor may prove the best way for a victim to seek damages.

What Should You Do

If you suspect a sinkhole may exist or be forming near your home, contact a professional service. They can fill some small holes as they form. Others require evacuation and may lead to massive damages. In the event you suspect a nearby sinkhole caused damage, make sure you ask the local utility companies to inspect your lines. After that, call your insurance company to file your claim. You may want to call an inspector in to help you identify other damages like cracks in your foundation, walls, or ceilings.

Posted by Aaron Herbert at 6:13 pm

When Can I Sue for a Parking Lot Injury?

Friday, October 22, 2021

Parking lots are the scenes of a variety of harmful personal injuries in Texas every day. Customers may suffer slip, trip, and fall in public or private parking lots, as well as be victims of car accidents, physical assault, or theft. Never assume that because you aren’t inside of a store you don’t have the right to sue a property owner for parking lot injuries. Many parking lot injuries are preventable and are therefore the liability of negligent property owners. To learn when you can sue for a parking lot injury in Texas, work with a local personal injury attorney. Here are a few basic examples of when an injured party can sue.

Can You Sue a Store if You Fall in Their Parking Lot?

Slip, trip, and fall accidents injure thousands of people every year. People suffer serious injuries in slip and fall accidents in parking lots, such as broken bones, concussions, and head and brain injuries. Knowing when the property owner is legally responsible for your parking lot slip, trip, or fall injury can help you know when to file a personal injury claim. An icy parking lot, rough patch of grass, or uneven curb is only grounds for a lawsuit if the property owner knew or reasonably should have known about the dangerous issue but did nothing to prevent injury.

Parking Lot Injuries

The Texas courts may hold property owners liable for accidents and injuries that occur on a property if proper care would have prevented the injury. For example, say a woman trips on an uneven sidewalk walking from the parking lot into the store and breaks her hip. If the owner of a grocery store should have noticed the dangerously uneven curb with proper routine maintenance checks, the courts may hold him or her liable for the woman’s injuries. In this example, the woman was an invitee to the property and the owner owed her the highest standard of care – including checking for and repairing unknown hazards. The woman would have to prove that a prudent property owner would have noticed the hazard and repaired or warned customers of it in the same circumstances.

Auto Collisions

If you get into a car accident in a parking lot, you may have a case against the property owner. If you suffered a personal injury such as whiplash or expensive property damage, a case against the other driver or parking lot owner may be worthwhile. The courts may hold a property owner responsible for parking lot collisions if the parking lot was in a state of disrepair or had known dangers that contributed to the accident, such as a downed light pole or inadequate/confusing signage. If the parking lot owner knew or should have known about car accident hazards and didn’t do anything to prevent a collision, an accident may be his or her responsibility.

Security Issues

Premises liability laws also encompass a property’s security measures. If the owner of a property has reason to believe there is a need for security measures such as a security guard, cameras, or extra lighting to prevent physical assaults and theft but fails to incorporate such measures, resulting in injury, the courts may find the owner guilty of negligence. A property owner may know of a security concern if the neighborhood has a high crime rate, if the previous owner had security problems, or if issues have occurred on the property previously. Failing to make a parking lot as secure as the circumstances warrant is a form of property owner negligence that can result in serious physical, mental, and financial harm to property visitors. If you suffer as a result, speak to a personal injury attorney, file your claim, and prove your claim in the Texas civil court system.

Posted by Aaron Herbert at 9:51 pm

What Can I Do if My Child Was Injured in a Haunted House?

Monday, October 11, 2021

Creepy music, dimly lit passages, and eerie décor set the stage for paying customers seeking to feel startled and scared in the classic Halloween-time haunted house. As costumed employees jump around corners and faux guillotines drop right in front of guests, people suffer premises-related injuries every year. In certain cases, haunted house owners bear responsibility for resulting injuries, and parents should take swift action to protect their children’s rights.

Types of Haunted House Injuries

Owners often lay out haunted houses in a way that disorients customers, creates sensations of unease, and directs the flow of traffic. If the owners and operators do not use extreme care during construction and employee training, they can create accident hazards and increase the overall risk of injury. Some of the most common types of haunted houses injuries include:

Actor-caused accidents. In character, some haunted house employees take their roles too seriously. They may grab guests or run into them with force. These actions can cause a child or adult to fall backwards, into other customers, or into a safety hazard.

Trampling incidents. In a particularly frightening moment, crowds may run together to get away from the startling image and knock down and/or trample unsuspecting children. Many reputable haunted houses limit the number of visitors allowed inside at one time to prevent these kinds of accidents.

Unsafe premises incidents. Haunted house operators must use reasonable care when constructing and maintaining the venue for the season. Improper ventilation, poorly secured props, rides, and exposed construction materials can all contribute to preventable injuries onsite. These oversights can result in injuries including carbon monoxide poisoning, lacerations, burns, and broken limbs.

The causes of these incidents are outside a visitor’s control. They can happen despite a visitor’s individual safety precautions.

Scare Related vs. Premises Liability Related Injuries

Haunted house owners are liable for injuries that arise from onsite hazards and negligent actions. However, all haunted house visitors assume a certain amount of risk the moment they walk through the entrance. If your or your child’s injury resulted from normal, safe, and age-appropriate haunted house conditions, the courts will likely side with the haunted house. Anxiety attacks and other fear-related injuries will generally not stand up as fair personal injury arguments in court. The most common type of injury is slip and fall injuries in San Antonino. The concept of assumption of risk will only protect a haunted house up to a point. You may want to discuss a scare related claim with a personal injury attorney before writing off legal action.

What to Do After a Haunted House Injury

Always make sure younger children visit haunted houses with appropriate adult supervision and that older children go in groups. As soon as you learn of the injury, take these steps:

Gather information. If you weren’t present at the time of injury, visit the area where your child was injured and take pictures. If you were with your child at the time of the incident, take pictures/video and ask people nearby for their account of what happened, while collecting names/contact information.

Report the injury to the haunted house manager or owner. Ask to file an incident report as soon as possible, and record the names of employees who talk to you about the incident. A haunted house employee may even serve as a valuable witness.

Take your child to a medical provider. Tell the physician about the incident and keep all medical records associated with the injury. A swift evaluation can link the injury to the haunted house and serve as a basis for your personal injury claim.

Most reputable haunted houses carry liability insurance to cover premises liability claims that arise onsite. Before you speak to an adjustor, accept a settlement, or let the case go, speak to an attorney. Your child deserves justice in incidents that involve haunted house negligence or malicious conduct, and taking action can prevent similar incidents in the future.

Posted by Aaron Herbert at 10:18 am