Fort Worth Accident Attorneys2021-07-23T18:27:59+00:00

Accident Lawyers in Fort Worth Texas

Patrons can sue after falling on damaged walkways at a Fort Worth Texas restaurant.

Accident attorneys in Fort Worth Texas can help you determine if you need to sue for economic and non-economic damages after a fall that leads to debilitating injury, but you must prove a few things first regarding degrees of fault and the venue’s responsibility to maintain a safe premises, against any contribution to the accident by you. Talk to experienced Fort Worth personal injury attorneys at The Cooper Law Firm who can allay any concerns you may have about seeking compensation for damages incurred that insurance will not pay.

Dangers caused by falls are significant. 

According to data from the Centers for Disease Control and Prevention falls are costly and widespread, and often leave victims with residual debilitating medical problems, or result in death.

  • One out of five falls causes a serious injury such as broken bones, or a head injury,
  • Each year, 3 million older people are treated in emergency departments for fall injuries,
  • Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a secondary head injury, or hip fracture.

Negligence.

An injured individual can sue for damages after an accident due to a damaged walkway, but  injuries and damages may be covered by an insurance settlement in full cancelling out the need for litigation.  If the damages are more expensive than insurance limits can handle, filing a personal injury legal suit is a possibility.  When someone trips on an unsafe walkway injuring themselves causing residual decreased mobility, or pain that is constant, the property owner, and/or the restaurant might be partially responsible, even if it is the city’s responsibility to repair broken sidewalks.  It is important for property owners to report damaged walkways and post danger signs, or notices of damage for pedestrians and patrons.  It is also good to have a homeowners, or business owner’s policy guided by Texas Law that addresses the scope of premise liability to patrons visiting a restaurant establishment in Fort Worth.

Premise liability for falls.

Falls caused 39,433 deaths in the United States in 2018 resulting in liability claims to insurance companies and litigation for wrongful death and personal injury.  Falling in public, on a city maintained walkway, a business owner’s walkway, a rented property, or someone’s home can bring about a comparative fault claim based on a negligence action for damages.  The fault will need to be determined by reviewing all of the factors that led up to the accident.  A property owner, a lessee, and a government entity are required to maintain safe conditions for visitors, but evidence must be gathered to support a claim of negligence including photos of the dangerous scene, witness testimony if someone saw the fall, accident reports, medical records and any other relevant evidence leading up to the cause of the fall. The burden of proof is on the injured party trying to recover damages.

Insurance recovery.

Texas is a “fault state” and the party found to be responsible for the accident will have to compensate the other party involved in the accident. Texas utilizes the 51% rule, whereby an injured person can be up to 50% responsible for an accident and still collect damages, but if an individual is 51% , or more responsible for the accident, there will be no recoverable compensation.  Slip and fall cases in Texas fall under a category referred to as premises liability cases. In Texas, the injured party must prove both that the owner of the property was in some way negligent and that the negligence caused your fall.  If the fall was caused by any action, or inaction by the injured party that can be proven, the award of damages may be reduced by the assigned amount of fault placed upon the injured party.  Under the premise of comparative fault, a person can recover for injuries:

1) if they slip and fall on a transitory (not permanent) substance; and

2) the property owner should have remedied that situation.

If the responsible party had actual knowledge of the situation, they are accountable, and knowledge can be proven by showing that the dangerous condition existed for a prolonged amount of time to cause the injury and that its dangers were a well-known problem. In the State of Texas, the courts award both punitive damages and/or compensatory damages.

Attorneys will build a case by:

  • sending investigators and re-constructionists to the slip and fall scene,
  • reviewing witness, and medical reports,
  • hiring financial experts for loss valuation,
  • assessing possible cause of the accident, and
  • drafting and filing complicated insurance and legal documents.

After an accident in Fort Worth, it is important for victims to understand that they only have a limited time to take legal action against the negligent parties.  The Texas statute of limitations for personal injury and wrongful death actions is two years from the time of the injury, or death.  Government entities require a shorter filing time at 180 days for tort claims and cap damages, depending upon the government unit involved.  The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. 

Damages. 

Personal injury lawyers in Fort Worth can assist in the recovery of compensatory damages requested for lost wages, medical bills, medical care, and treatment, plus household expenses, and non-economic loss for pain and suffering, loss of consortium, or  companionship.  Exemplary (punitive) damages are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person.  After compensatory damages have been awarded, punitive damages must be sought in a separate case.  Texas law limits that amount to two times the actual damages up to $750,000 in total damages, or $200,000.   Fort Worth accident lawyers at the Cooper Law Firm can objectively speak on a Fort Worth accident victim’s behalf in a courtroom, and work toward damage recovery.

Cooper Law Firm
N. Eric Cooper
Address: 621 Hemphill St,
Fort Worth, TX 76104

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources.

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm

https://www.tdi.texas.gov/wc/index.html

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://www.cdc.gov/nchs/fastats/accidental-injury.htm

https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

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