Injured in a Trip and Fall Accident?
Slips, trips, and falls happen every day in the Houston area. Some people trip over nothing or even over their own feet. In other situations, however, a trip and fall accident can occur due to the fault of another party. After a trip and fall, you may recover immediately by standing up, brushing yourself off, and moving forward with your life, maybe even laughing at the incident. On the other hand, some trip and fall victims have their lives disrupted in that moment due to suffering a serious injury in their fall.
When a person sustains injuries and losses in a trip and fall that was someone else’s fault, they have important legal rights under Texas law. Texas personal injury law holds parties responsible for the injuries they cause and this certainly includes trip and fall accidents.
If you have incurred losses and suffered injuries in a trip and fall, you should not hesitate to discuss your options with an experienced Houston personal injury lawyer. At the office of Stewart J. Guss, Attorney at Law, we have helped many injured accident victims obtain important compensation so they can cover their losses and move forward after their injuries. Call today to discuss your situation for free.
How a Trip and Fall Can Affect Your Life
While you may not consider tripping and falling to be a serious incident, many people have their lives changed by a trip and fall injury. The following are only some of the many injuries that can be sustained by tripping and falling down:
- Soft tissue injuries – When you fall, it is common for parts of the body to twist or stretch unnaturally. This often results in damage caused to your soft tissue, including your tendons, ligaments, and muscles. This soft tissue can be sprained, strained, or torn – any of which can be painful injuries. Soft tissue injuries can limit your ability to walk, lift things, or even move without pain. Many people require physical therapy before they are able to complete even the simplest of activities. In addition, if something is torn, surgery may be required to repair the soft tissue, which can have a lengthy recovery time. Some people never recover the full range of motion they once had and may have to refrain from certain activities for the rest of their lives.
- Contusions – A contusion is another term for a bruise. While many bruises are considered to be minor, some contusions can be very serious. When a person falls on something and suffers a blow to their body, it can crush the fibers of the muscles and other connective tissue. Blood vessels may be torn and blood can pool under the skin, causing a hematoma. Damaged muscles may be very sore and can take a long time to heal and a contusion on a joint can limit the range of motion. Contusions to your abdominal area may also cause harm to vital organs. Finally, a contusion is also commonly a sign that another injury has occurred, such as broken bones, dislocations, sprains, or tears.
- Fractures – Millions of people suffer broken bones every year in the U.S. Any fracture can be extremely painful and can limit your ability to use that body part. Broken bones should be diagnosed through imaging tests and may have to be stabilized for weeks before you can return to your regular activities. In cases of open or compound fractures, surgical procedures may be needed to insert pins or screws to ensure the bone heals correctly. Sometimes, numerous surgeries are required with painful recovery times and in some cases, the bone will never heal fully as it once was.
- Concussion or TBI – Many people who fall hit their heads on a nearby object or on the ground. Any blow to the head can damage the brain tissue and result in a traumatic brain injury (TBI). Concussions are a mild form of TBI but they can have serious effects. Concussion victims can lose consciousness, experience disorientation and memory problems, have headaches and fatigues, among other symptoms. If not properly diagnosed and treated, many complications can arise from a concussion. In addition, more serious TBIs can have long-lasting effects and can cause cognitive, physical, and other impairments that can change a person’s life and can require extensive treatment.
- Back or neck injuries – Anytime you fall, you may wrench your neck or back or land on something in that area of your body. The back and neck are both vital parts of the body that facilitate movement and house important organs. There are many parts of the back and neck that can be injured, including the joints, bones, muscles, soft tissue, and the spinal cord. Back and neck injuries can be debilitating, as they are often extraordinarily painful when you move. These injuries can require a diagnosis, physical therapy, pain management, and may even require surgery.
- Spinal cord injury – The spinal cord is responsible for sending signals to many organs and parts of the body to allow proper functioning, movement, and sensation. When the tissue of the spine is damaged, the signals can be disrupted, which leads to disruption in the functioning of the body below the point of the damage. Spinal cord injuries need immediate medical attention to prevent complications and ensure the victim is stabilized. Then, treatment can include hospitalization, physical therapy, surgery, and more. Some spinal cord injuries heal over time but others can result in permanent paralysis and loss of functioning.
The above are only a few examples of the serious injuries that can result from a trip and fall. These injuries all have the potential to result in extensive losses for fall victims, so it is important for anyone who has tripped and fallen to be aware of their legal rights.
Trip and Fall Losses
Anyone who has been injured knows that injuries can be costly in many different ways. Not only do the medical bills pile up quickly but those bills can come in conjunction with other financial and physical struggles. Every trip and fall case will be different, so it is important to have an attorney handling your case who can identify all possible losses in your case.
- Medical expenses – Medical treatment is expensive and a long course of treatment can cost thousands of dollars. In addition, injuries that cause lasting effects may require ongoing treatment for years after your accident. The costs of future medical treatment can be estimated so that you can seek compensation for all of the treatment you will need due to your fall.
- Lost earnings – Many injuries may prevent you from doing your job for several reasons. If your treatment requires time in the hospital or requires you to rest, you will have to miss work. In addition, some injuries may limit your movement and abilities in a manner that keeps you from performing your job duties and some disabling injuries may prevent you from ever returning to your previous work. All of your past and future lost earnings are compensable losses in a trip and fall claim.
- Intangible losses – Unlike financial losses like medical bills and lost income, intangible losses are those that affect your life and how you feel. These can include pain and suffering caused by your injury, mental trauma from your injuries, permanent disabilities or impairments caused by your injury, loss of enjoyment of life, and more.
It is impossible to know the value of a trip and fall claim without carefully reviewing the losses you specifically incurred after your accident. In order to have the worth of your case assessed properly, please contact the law office of Stewart J. Guss as soon as possible. We know how to calculate your losses to ensure that you seek the maximum possible amount of damages in your claim.
Who Is Liable for Your Trip and Fall Accident?
In order to receive compensation for your trip and fall-related losses, you must determine who—if anyone—can be held liable for your accident. As mentioned above, some falls happen out of mere clumsiness or due to factors that were beyond anyone’s control. In such situations, the law will not hold others responsible for your injuries. However, in many cases, one or more parties may have acted negligently and caused your injuries.
Take, for example, a trip and fall accident that happens in a store or another type of business. If a business is going to open its doors to the public it has a duty to make sure that it keeps its facility reasonably safe. This means that it must promptly repair or remedy any condition that might cause one of its patrons to trip and fall and hurt themselves. At a minimum, they must issue a reasonable warning of the danger. Unfortunately, these businesses do not always take reasonable care, and you may have suffered a trip and fall accident as a result.
Businesses and property owners that are expecting visitors or patrons should regularly inspect the premises for any possible hazards and should repair any issues as soon as possible. If a condition exists that cannot be rectified, proper warnings must be given to customers so that they can take care to avoid the hazard.
Some examples of dangerous conditions that may cause a trip and fall accident include:
- Electrical wires that are not adequately secured to the wall
- Debris that has fallen onto walkways
- Displays, shelves, or merchandise that protrudes into walkways
- Boxes or other supplies left on the floor
- Rugs or carpets that are not secured
- Small steps or ramps that have insufficient warnings
When a business breaches its duty to keep the premises safe and a visitor or customer is injured, that business can be held liable for all of the losses stemming from any injuries suffered.
Compensation can be sought in different ways after a trip and fall accident. In many situations, the negligent business or property owner will have insurance policies to cover injuries suffered on the premises due to negligence. Insurance claims can become complicated, however, and the insurance company may try to challenge liability in the accident or the extent of your losses. Insurance companies may try to get you to accept a settlement offer that is too low while giving up your right to any further compensation. All too often, trip and fall victims accept an insurance payment only to later realize its inadequacy with little to no options.
It is critical to have the assistance of a personal injury attorney throughout any insurance claim process. A lawyer can identify the value of your losses to ensure you do not accept an amount that will not cover your losses. The attorneys at Stewart J. Guss, Attorney at Law know how to present evidence to support your claim and negotiate with an insurance company for the true settlement you deserve.
In cases involving serious trip and fall injuries, an insurance claim may not be enough to cover past and future losses. In these situations, it may be necessary to file a legal claim for personal injury in a Houston civil court. Trip and fall lawsuits involve specific legal concepts under premises liability law. These claims are different from cases stemming from other accidents, such as car or truck accidents. You should always make sure that you have the help of a law firm with specific experience handling premises liability cases.
The attorneys at Stewart J. Guss understand the entire legal process of a trip and fall claim—from dealing with insurance companies to resolving a case in court. Please do not delay in calling to learn more about the many ways we can help you after an accidental injury.
What to Do after a Trip and Fall
A trip and fall can be a jarring experience, especially if you immediately feel pain and are aware of injuries. It can be difficult to know what to do in order to best protect your rights. The following are some steps you can take after a fall:
- If you need emergency medical attention, call 911 and focus on your medical needs first.
- If you know you are injured but do not need an ambulance, report the accident to a store manager or owner.
- Take pictures of the hazard that caused your accident and make notes of details of how you tripped and fell.
- Seek a medical evaluation to ensure your injuries are properly diagnosed and that you can begin treatment as soon as possible.
- Contact an experienced trip and fall attorney as soon as you are able after the accident to learn about your legal rights and how to proceed.
Why Choose Our Team?
- Stewart Guss and his team believe in respect, integrity, and family values
- Our attorneys and staff will always be there for you!
- With decades of combined experience, Stewart and his team will work tirelessly to recover as much as possible on your claim
- Trip and fall cases can be very complex, involve serious injuries, and require an experienced attorney
- You don’t pay us anything unless we win your case!
Choose an Attorney with Strength and Experience
Trip and fall cases present some unique challenges and many personal injury attorneys do not even take them. In order to win a trip and fall case in Texas, you have to be able to prove three basic things:
1) that the party responsible for the premises knew or should have known of the dangerous condition
2) that the responsible party failed to fix or warn of the dangerous condition; and
3) that the dangerous condition caused the injury
Unfortunately, the law in Texas tends to lean on the side of the business, rather than the side of the injured party. Further, a trip and fall injury typically results in some very specific and extremely serious physical injuries which may be different from your typical personal injury case. For this reason, you need an experienced trip and fall lawyer, like the attorneys at Stewart J. Guss, to help you navigate the obstacles of your claim and pursue your legal rights.
If you have you sustained a trip and fall injury in Houston, Katy, Spring, The Woodlands, Cypress, Tomball, or anywhere in Texas, then it is important to speak to a as soon as you can. To schedule a free case evaluation with the attorneys of Stewart J. Guss, Attorney at Law, call today at or send us an . Remember—you pay us nothing up front when we take your case, and you pay us nothing unless and until we’ve won your recovery.
When other Houston trip and fall injury lawyers are giving up, the attorneys at Stewart J. Guss are usually just getting started. Do not sign anything until you speak with us because you risk losing some or all of the compensation that is due to you. Stewart Guss and his team will do everything they can to obtain the best possible recovery on your claim, and we take pride in treating our clients like family. Pick up the phone and call (281) 664-6500 to talk to us about your accident.
Don’t Take Chances – Let Us Help You!
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“Stewart Guss Legal Services. Stewart Guss was very efficient in the handling of my case. He explained my rights thoroughly and kept me informed of all negotiations. I would recommend his services to anyone needing assistance with their injury claim.”-Janet T.
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