Home Slip and Fall
In El Paso, all property owners are responsible for maintaining their property and keeping it in a condition that is considered safe for everyone to enter. Unfortunately, not all property owners live up to this responsibility. They allow their properties to fall into disrepair with dangers that put visitors in harm’s way.
When you are hurt in a slip and fall accident on someone else’s property, you should learn about your legal rights. Our experienced El Paso slip and fall attorneys at the Law Offices of Michael J. Gopin, PLLC, can review your case for free and explain all your options. You may be entitled to payment for your medical expenses, missed time from work, and other losses.
Schedule a free consultation now to tell us what happened to you and learn how we can help.
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Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...
Proving your slip and fall claim can be a complex process, and every case is unique. That’s why you would benefit from the experience and resources of a skilled personal injury attorney who has successfully handled cases like yours before.
To prove your claim, you must show that:
The first thing you must prove in a slip and fall claim is that the property had an unsafe condition. This can include slippery floors, defects in a sidewalk, or obstacles within a walkway.
In Texas, you must also prove that there was a sufficient amount of time for the property owner to become aware of the condition and fix it. For example, if a staff member in a grocery store spilled something on the floor, you will need to show that there was enough time to clean it and prevent your fall.
For example, if a staff member in a grocery store spilled something but did not put out a warning sign to protect shoppers while getting the supplies to clean it up.
Also, you must prove that you did not cause or contribute to the accident that resulted in your injuries, as that could reduce the amount of compensation you receive.
If you were hurt in a slip and fall accident, it’s important that you speak to an experienced attorney who has the skills to go up against a large insurance company. A few of the ways our slip and fall accident lawyers in El Paso can help include:
Our slip and fall attorneys will always act as your advocates and work in your best interests. Our goal is to recover the maximum compensation you need to heal and move forward with your life.
There are many different types of compensation available in a slip and fall accident claim. The most common damages typically include:
In some cases, punitive damages may also be awarded by the court. Unlike the damages above, punitive damages are not meant to compensate you for losses you sustained as a result of the accident. Instead, they are meant to punish the defendant for extremely negligent, or careless, behavior.
In Texas, the law follows a modified comparative fault rule, which means you may still recover compensation even if you were partially at fault for your accident—so long as you are not more than 50% responsible. For example, if a court finds you 20% at fault because you were distracted while walking, your total compensation would be reduced by that same percentage. However, if you are found to be 51% or more at fault, you will be barred from recovering damages. A skilled El Paso Slip and Fall attorney can help demonstrate how the property owner’s negligence played a larger role in causing your injury.
There are many different causes of slip and fall accidents. The most common include:
No matter what caused your slip and fall accident, property owners can be held liable for creating a dangerous condition, particularly if they did not warn of the danger.
Slip and fall accidents can result in a wide variety of injuries, ranging from mild to life-altering. Below are some of the most frequently reported types of harm sustained in these incidents:
These injuries not only cause physical pain but can also lead to emotional stress and financial burdens due to medical bills, missed work, and reduced earning capacity. If you’ve suffered any of these conditions in a slip and fall accident, seeking legal guidance may help you recover the compensation you need to move forward.
We can help! Call the attorneys you know.
Being involved in a slip and fall accident is an unexpected and painful experience. Most people aren’t sure what to do after serious falls, especially when it comes to protecting their legal rights. The steps you take immediately following your accident will affect both your health and any future claim you may file, so it’s important that you know what to do.
Your health is the most important factor after an accident, so you must seek treatment immediately. However, seeing a medical professional will also help establish the timeline of your claim and your accident.
If possible, take pictures of what caused your fall and anything else relevant to the accident. Also take pictures of your injury.
This is crucial evidence that will greatly help your case. You can even ask for a brief description of what they saw so that you can help remind them later, or corroborate their stories.
You can do this, but don’t embellish the facts or exaggerate. Include all of the important facts and then submit the complaint so that the business has it on file. Then ask for a copy. This will also prevent the other side from arguing that you did not take the accident seriously when it first happened.
Memories can fade very quickly, and the more you remember, the more it will help your claim. Make sure you include your injuries, pain, and any symptoms your injuries are causing you to experience. You should also document how your injuries are affecting your life, such as if they are preventing you from taking part in activities that you once enjoyed. This is very important information for your claim.
An attorney will investigate the accident, determine if the property owner was liable, and communicate with the insurance company. Your attorney will act as your advocate and your ally and always work in your best interests.
Communicating with the insurance company is one of the most overwhelming, and one of the most important, parts of your claim. The things you say to an insurance adjuster will have a great impact on your case and how much compensation you receive. Below are the most important do’s and don’ts when speaking to the adjuster.
A general rule when dealing with insurance companies is that you should always say as little as possible in order to protect your claim.
We can help! Call the attorneys you know.
Although a slip and fall accident could happen anywhere, there are certain places where they are more common. These include:
In some cases, it can be difficult to determine who the liable party is. However, our attorneys have years of experience handling these complex claims, and we can work quickly to identify all possible liable parties.
Slip and fall accidents fall under the area of personal injury law known as premises liability. This area of law governs all accidents that happen on a property owner’s land.
Like all other areas of personal injury law, slip and fall accident claims have a time limit, known as the statute of limitations. This statute of limitations on a slip and fall claim in Texas is two years from the date of the accident. If you don’t file your claim within this period of time, you will likely be barred from receiving compensation.
Many accident victims think this is a lot of time, but it’s not. Prior to a claim being filed, an attorney must gather extensive evidence, consult with their network of expert witnesses and eyewitnesses, and thoroughly document the extent of your injuries.
This process takes time, so it’s important to speak to a slip-and-fall attorney from our firm as soon as possible after an accident.
If you’ve been hurt in a slip and fall, you don’t have to go through the legal process alone. An experienced El Paso slip-and-fall lawyer can guide you through every step of your claim and help ensure your rights are protected. The Law Offices of Michael J. Gopin, PLLC, has proudly represented injured clients throughout El Paso and the surrounding areas. We understand the nuances of Texas premises liability law and know what it takes to hold negligent property owners accountable. Whether your accident happened in a grocery store, apartment complex, or public space, a trusted El Paso slip-and-fall attorney from our team is ready to fight for the compensation you deserve. Schedule your free consultation today and get the legal support you need to move forward.
FAQs
The average payout for a slip and fall case in El Paso, TX, can vary widely based on factors such as the severity of injuries, medical expenses, and other damages. Generally, payouts range from a few thousand to several hundred thousand dollars. An experienced slip and fall attorney can help assess your case for a more accurate estimate.
A slip and fall lawsuit in El Paso typically starts with gathering evidence, such as medical records, witness statements, and incident reports. Your attorney will then negotiate with the property owner or their insurance company, and if a fair settlement isn’t reached, your case may go to court.
In Texas, you generally have two years from the date of the slip and fall incident to file a lawsuit. Consulting a slip and fall lawyer soon after your accident is essential to preserve evidence and ensure you meet all deadlines.
Texas law requires property owners to keep their premises safe for visitors. If they fail to do so and someone is injured due to their negligence, the injured party can file a claim for damages. However, the injured party must prove that the property owner was aware (or should have been aware) of the hazard.
The duration for settling a slip and fall claim varies based on the complexity of the case and the willingness of the other party to settle. Some cases settle in a few months, while others may take a year or longer if they go to trial. A slip and fall attorney can help streamline the process and work toward a timely settlement.
FAQs
We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333
Worked hard for my case. Bills paid and I got highly compensated.”
Mr. Marshall had a premises liability accident in an El Paso restaurant where he took a pretty hard hit to his shoulder. Thanks to the Law Offices of Michael J. Gopin, he was able to get in a timely matter a settlement that was beyond his expectations!
Michael Gopin settled my case and got my car fixed, medical bills paid and I got a great settlement too. The staff was caring and attentive to me. I couldn’t be happier. Go see Michael Gopin.”
He and his staff quickly took care of my issues and settled case. I am beyond happy with their services.”
Cruz was involved in a terrible car accident and his car was totaled after the traumatic event. With the help of the Law Offices of Michael J. Gopin, PLLC., fate sided with him and the following legal processes went in his favor.
Everything smooth and easy. They fought hard for me and negotiated large discounts on my medical bills.”
My case settled and I received an excellent settlement. This office cared about me. Thanks Michael Gopin. I highly recommend.”
John and his son were involved in a traumatic car accident. Thanks to The Law Offices of Michael J. Gopin, PLLC., the Shamley Family had the support they needed to turn this painful experience into one of hope and triumph.
Accidents can happen in a number of different ways. If you or a loved one has been hurt in an accident that was not your fault, you should speak to a personal injury lawyer in El Paso, Texas as soon as possible. Contact our law office today to set up a free consultation.
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If you have suffered serious injuries as a result of a slip and fall, you need the help of our El Paso slip and fall accident attorney. At the Law Offices of Michael J. Gopin, PLLC, we know how to hold property owners and insurance companies accountable.
Contact us today to schedule your free consultation so we can advise you of your legal options.
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