The premises liability statute of limitations in Texas is two years for most cases.
There are a couple other time-related considerations to keep in mind when it comes to slip and fall cases. As with every personal injury claim, evidence is important. There aren’t always security cameras around to capture the instant a premises liability injury occurs, so the evidence often consists of testimony, photos and medical records.
Memories can get foggy over two years. If you don’t see a doctor right away, you may have trouble proving your injury was caused by a specific accident on someone else’s property. If there’s no photographic evidence of the hazard that caused your injury it might get fixed.
There are several steps injured people should take as soon as possible after an injury to preserve evidence. Waiting until the end of the statute of limitations to start the process can make it difficult to develop a compelling case.
Five Things You Should Do to Improve Your Chance for Fair Compensation After a Slip and Fall in Houston
There are really five steps you should take right away if you’ve been injured on someone else’s property or in a business. Waiting too long on any of these steps can jeopardize your ability to bring a successful premises liability personal injury tort.
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See a Doctor
Your doctor’s documentation of your injury and their prescribed treatment may end up being the most important piece of evidence in your case. A physician can accurately attribute your injury to the slip and fall or premises-related injury and document the necessary treatments you’ll need to recover. How much your treatments end up costing will have a direct impact on your damages.
The property owner’s attorneys hope you won’t get medical care right away. They can point to gaps in your care or delays in seeking medical assistance as evidence that your injuries aren’t as serious as you claim. The defendant’s insurance company may also argue your injuries weren’t caused by the accident on their client’s property if you don’t have records from a doctor to contradict their assertions.
It’s also vital to follow your doctor’s instructions, go to physical therapy and make it to all of your follow up doctor’s appointments. Patients who don’t follow through on their physician’s instructions may appear to be exaggerating the seriousness of their injuries.
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Report Your Injury to the Property Owner
Failing to report your injury to the business or property owner immediately after it happens has the potential to jeopardize your credibility. If you fall in a store but never tell anyone in management, then file a personal injury lawsuit months later, there may be questions about the validity of your claims.
Do not go into details about what happened when reporting the incident to the property owner. Their testimony may come into play later. The authenticity of your version of events may be called into question if the property owner remembers you saying something different when you reported the injury.
People have a tendency to downplay the seriousness of injuries right after a fall out of embarrassment and social graces. Saying something like “Oops I slipped, sorry I’m clumsy,” may be your first instinct. When your case goes to trial, that comment to an employee or property owner could come back to haunt you.
The best thing you can do is report your injury and then limit any further conversation about the incident to your doctors and personal injury attorney. This goes for injuries that happen in residential properties and businesses.
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Document the Hazard With Photographs Immediately After Your Fall
Your first inclination after suffering an injury likely isn’t to take pictures of what injured you. This step, although it may go against your instincts, is one of the most important.
Take photos of what you tripped on or slipped in, preferably from multiple angles. A business owner or homeowner will likely clean up or fix the hazard immediately after they find out someone was injured because of it. After the hazard is gone your case will become harder to prove if you have no evidence.
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Get Witness Contact Information If Possible
Not every slip and fall or premises liability cases will have witnesses, but if there are any you should try to get their contact info. If you slip on a spill in a grocery store aisle or restaurant and someone rushes over to help you up, ask for their phone number. Anyone who saw you fall may be able to testify to:
- What happened
- Whether they saw the hazard
- How long the hazard was there
- Your condition immediately after your injury occurred
This type of information, coming from a third party who doesn’t have a vested interest in the outcome of your case, may be vital.
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Contact an Attorney
Although you technically have two years to file a lawsuit for a premises liability injury, your chances for getting the compensation you deserve are much higher if you call an attorney right away. It is especially important you speak with an attorney before you sign any claim agreements with the property owner’s insurance company. It can be difficult to modify any settlement after you’ve agreed to it.
The sooner you speak with an attorney the sooner they can begin their investigation, gather more evidence, speak with witnesses and negotiate with the insurance company on your behalf.
The Weycer Law Firm has extensive experience representing people who have been injured in a business or on someone else’s property in the Houston area. We approach every injury investigation and personal injury case with the sense of urgency it deserves.
Call us at (713) 668-4545 for a free case evaluation.