Slip and Fall Accident Lawyer in Dallas

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Written by: The Benton Law Firm Last Updated : November 15, 2023

Slip and Fall Accident Lawyer in Dallas

Table Of Contents

    Injured in a Slip and Fall? We Can Help.

    At The Benton Law Firm, our Dallas slip and fall attorneys believe that no one should face the consequences of an accident due to someone else’s negligence. Almost all slip and fall accidents are preventable if given a reasonable warning. When no such warning exists, it is understandable why so many people suffer from these accidents daily. Contact us today if you’ve been injured because you fell on someone else’s property.


    If you or a loved one have been seriously injured after a slip and fall accident, it's important to take action as soon as possible to recover from the negligent party. Contact our experience team of Dallas attorneys today. We do not collect any attorney fees unless we win.

    Why You Need A Lawyer in A Slip-And-Fall Accident

    If you were injured in a slip-and-fall accident, you’re already dealing with injuries that may be severe and medical bills that are mounting. You don’t have the time or resources to deal with insurance companies and research the complexities of the law regarding your slip and fall accident. We understand how overwhelming accidents can be. With that said, negligent property owners must be held responsible so that you can receive just compensation.

    That’s why you must hire an experienced slip-and-fall accident attorney to work on your case. While the details of your case may seem simple, the nuances of the law can complicate what might be an otherwise straightforward case.

    For example, it isn’t always clear who is at fault when a slip and fall accident happens. Even if you slipped and fell on someone else’s property, you may be partially at fault, depending on the details. Property owners sometimes make this argument to downplay their negligence in slip-and-fall accidents.

    A seasoned slip-and-fall accident lawyer can help determine who exactly was legally at fault and work with you to build a strong case. Moreover, a lawyer isn’t just there to help you interpret the law. A knowledgeable slip-and-fall accident attorney can also take depositions, conduct research on your behalf, and deal with insurance companies. It’s important to remember that no matter how overwhelmed you may be, you are not alone.

    The bottom line is that it is always beneficial to work with a lawyer since a lawyer will always fight to secure the best legal outcome possible. In fact, personal injury victims who have legal counsel obtain three times more compensation than those who have no legal counsel.

    Don’t wait to seek representation. The more quickly you contact a slip-and-fall accident lawyer, the faster they can build a strong case to hold others accountable for your accident.

    Call us now at (214) 777-7777 to schedule a no-charge evaluation of your slip and fall accident.

    Why Choose Us?

    The Benton Law Firm has an experienced, results-oriented team of attorneys who will work hard to ensure you get the compensation you are entitled to. Our founding attorney, Jeff Benton, was profiled in D Magazine after being named to the Best Lawyers in Dallas 2018 list. He also has a perfect 10/10 rating on AVVO, with more than a dozen positive reviews.

    Our results speak for themselves. Jeff recently represented a client who slipped and fell in his apartment complex, securing $1 million in compensation from the insurance company. This is just one of many examples of how we win cases at The Benton Law Firm. We aggressively fight alongside our clients so that justice is served and they get the compensation they deserve.

    It’s also important to note that we work with contingency fees at The Benton Law Firm. That means that we only get paid if you win your case. That’s one more reason you can trust us to do our best to fight for your rights. We’re experienced, we’re well-trained, and we’re ready to represent you. Contact us now at (214) 777-7777 for a free consultation.

    Steps To Take After A Slip-And-Fall Accident

    When you fall on someone’s property due to dangerous conditions, inadequate repairs, or another careless action, you should take the necessary steps to hold them accountable. You can take steps to protect your rights and ensure that you can recover financial compensation for the injuries you sustained.

    At The Benton Law Firm, we have the experience and resources to pursue legal action against business and property owners. They are responsible for keeping their businesses’ interior and exterior safe for visitors. If they don’t perform routine maintenance, remove hazards, or provide adequate warning about any dangers, they should be liable for the injured person’s losses.

    Step 1: File an incident report with the manager. Include the date, time, location, and how the fall occurred. Be sure to ask for a copy of it for your records. You should also ask them for their liability insurance details or the name of the person you could contact to obtain that information.

    Step 2: Take photos of the accident scene. If a wet floor, debris on the floor, an uneven sidewalk, or poor lighting is the cause of your fall, you should take pictures of it as evidence.

    Step 3: Talk to witnesses who saw what happened. Write down their names and phone numbers. They can provide witness statements to the insurance company or testify in court if you file a civil lawsuit.

    Step 4: Keep evidence from the fall. For example, if you broke your cell phone during the incident and need to replace it, don’t get rid of it or the receipt for the replacement. These can be useful evidence to show what costs you incurred.

    Step 5: Go to the doctor immediately. Wait for an ambulance to pick you up or get a ride to the hospital. You should undergo a complete evaluation of your injuries to determine an appropriate treatment plan. Listen to their instructions if your doctor refers you to follow up with anyone. Continue treating until you recover.

    Step 6: Hire a Dallas slip and fall attorney. We will handle every step of the legal process so you can focus on healing. We will file an insurance claim and negotiate for a full and fair settlement. If we cannot agree with the insurance company, we will file a lawsuit against the at-fault party.

    Are you in need of a lawyer for your recent Dallas area slip and fall accident? Contact Us Today

    Who Is Responsible In A Slip-And-Fall Accident?

    Determining who is at fault in a slip-and-fall accident can sometimes be complicated. This is especially true in Texas since state law stipulates that the victim may be partially responsible for an accident. In legal terms, this is called modified comparative negligence. But barring cases where the victim may be partially responsible for their slip and fall accident, the notion of negligence usually dictates who is liable or at fault.

    Someone is negligent when they carelessly fail to avoid causing injury or loss to another person. For example, if your landlord fails to fix a leak for several weeks, and then you slip and fall into a puddle, the landlord is negligent. He was aware of the problem but failed to address it, which led to your accident.

    However, the case may be more complicated if the victim also contributed to the fall. If, for instance, the victim was intoxicated at the time, the victim might be partially responsible for the accident. In Texas, this means that the victim may receive proportionally less compensation for the accident or may not have a valid case at all.

    That’s why it is important to hire an experienced slip-and-fall accident lawyer. A knowledgeable slip-and-fall lawyer can help determine who exactly was at fault and whether you may be able to receive damages.

    Most Common Causes of Slip-And-Fall Accidents

    Slip and fall accidents can leave victims with crippling medical debt, lost wages, and lingering physical handicaps. Some of the most common causes of slip and fall accidents include:

    Regardless of how the accident happened, a customer or guest of an establishment should never have to fear injury when entering someone else’s property.

    Common Injuries from Slip-And-Fall Accidents

    Physical and emotional trauma can result if you fall in a poorly lit stairwell or get your leg injured by a malfunctioning escalator. Some injuries cause chronic pain requiring ongoing physical therapy or medication. Others result in a permanent disability that could prevent you from performing routine tasks independently.

    The injuries associated with slip and fall accidents can range from minor to severe, but they all typically require some medical intervention to heal. The most common injuries sustained in slips and falls include:

    Our Dallas slip-and-fall attorneys know the suffering you’ve endured. We understand the stressful financial strain you’re facing while attempting to recover. We will work hard to ensure the at-fault party provides enough financial compensation to pay for the costs associated with your injuries.

    What Does an Accident Investigation Look Like?

    Slip and Fall Accident Lawyer in DallasDetermining who is at fault in a slip-and-fall accident can sometimes be complicated. This is especially true in Texas since state law recognizes that the victim may be partially responsible for an accident. In legal terms, this is called modified comparative negligence. Barring cases where the victim may be partially responsible for their slip and fall accident, the theory of negligence usually dictates who is liable or at fault.

    Someone is negligent when they carelessly fail to avoid causing injury or loss to another person. For example, if your landlord fails to fix a leak for several weeks, and then you slip and fall into a puddle resulting from that leak, the landlord is negligent. He knew the problem but failed to address it, leading to your accident.

    Your Dallas slip and fall attorney will thoroughly investigate the incident and gather any evidence that proves the business owner, property owner, employee, or another person was negligent. When we begin our investigation, some of the crucial evidence we will locate includes:

    • Incident report
    • Your medical records and bills
    • Video surveillance of the fall
    • Photos of the accident scene
    • Statements from eyewitnesses
    • Maintenance and repair reports

    We will also determine the coverage available through the business’s general liability insurance policy and file a claim. In some situations, a lawsuit might be necessary. We will review all the details of your case and decide which legal option is best for pursuing the maximum compensation you deserve.

    However, the case may be more complicated if the victim also contributed to the fall. If, for instance, the victim was intoxicated at the time, the victim might be partially responsible for the accident. In Texas, this means that the victim may receive proportionally less compensation for the accident or may not have a valid case at all.

    For example, you tripped over an obstacle in the middle of a restaurant floor. If your medical treatment, lost wages, and other associated costs were $100,000, you could pursue the full compensation from the property owner. However, if you were found to be 20% at fault for your injuries, you would only be entitled to a maximum of $80,000. The 51% rule also prohibits accident victims from collecting any financial award if they share more than 50% blame.

    What Are The Damages You Can Seek in a Slip-And-Fall Accident?

    You will likely incur damages when you get hurt in a slip-and-fall accident. Damages are the losses suffered by an injured victim. They fall under two main categories: economic and non-economic. Economic damages are expenses, while non-economic damages refer to the intangible losses experienced after an accident.

    When you file a claim or lawsuit, the economic damages you could seek include:

    Noneconomic damages are often subjective. These factors may come into play when determining a dollar amount due you:

    • Type and severity of the injury
    • Length of the recovery period
    • Impact of the injury on everyday life
    • Emotional or mental trauma caused by the incident
    • Availability of insurance coverage
    • Relevant evidence submitted during the claim
    • Disfigurement, disability, or impairment that resulted from the injury
    • Degree of the fault of all parties involved

    If you file a lawsuit against the property or business owner, you can also pursue punitive, economic, and noneconomic damages. Punitive damages, also called “exemplary damages,” are rare and are only available in civil lawsuits. Instead of compensating the victim for their losses, it punishes the liable party for their actions and aims to deter similar misconduct in the future.

    For a jury to award you punitive damages, you must provide clear and convincing evidence that the at-fault person or entity acted with the following:

    • Malice: Intentionally causing an injury;
    • Fraud: Intentionally concealing or misrepresenting material facts to deprive another person of their rights or cause injury; or
    • Gross negligence: An omission or act that creates great risk without regard to the welfare, safety, and rights of others.

    There is also a cap on the punitive damages you can receive. They may not exceed the greater of:

    1. a) $200,000 or
    2. b) two times the economic and non-economic damages less than $750,000.

    If the jury issues a judgment higher than the cap, the judge will reduce the award to meet the required maximum amount.

    You focus on your recovery, we will focus on your case Schedule a Free Consultation

    How Much Does it Cost To Hire A Slip-And-Fall Attorney?

    Devastating situations like this cause not only physical and emotional pain but also a financial burden. When you’re worried about how you’ll afford your medical bills, the last thing you want to deal with is the expense of legal representation. Some people choose NOT to hire a lawyer to save money. However, this can end up backfiring.

    Although it might seem like the best option, you could end up with much less compensation than you deserve when handling your case alone. At The Benton Law Firm, we know your difficult decision and don’t want to add more stress to your life. That’s why we work on a contingency fee basis. That means you don’t have to pay upfront fees or costs for us to represent you. If we recover an insurance settlement or favorable jury verdict, that’s when we’ll collect our legal fees. You won’t have to pay us anything if we lose your case.

    Laws That Could Impact Your Case

    Whether you choose to file an insurance claim or lawsuit, there are deadlines you must follow. If a deadline passes before you can file, you might lose your chance of pursuing compensation.

    Although no state laws or statutes regarding insurance claims exist, most insurance policies state a specific timeframe for initiating the process. Some require that you file within 30 days of the accident, while others give you several months. You should check the at-fault party’s liability insurance policy to ensure you begin your claim before time runs out.

    Lawsuits are very different. There’s a strict deadline in Texas known as a statute of limitations. The statute of limitations for slip and fall cases is two years. That means you have two years from the injury date to file; otherwise, you will lose your right to do so.

    It’s crucial to file your case before the statute runs. Most people file a claim first, and if the insurance company denies it or provides a low settlement offer, they move forward with a lawsuit. Unfortunately, some claims can take years to resolve, and the statute deadline will have already passed by then.

    There are two major exceptions to the two-year statute that could allow you to pursue legal action even after time runs out:

    • The defendant left the state before you were able to file suit. Their absence would not count towards the two-year deadline, and the clock would start once they returned.
    • You were legally incompetent or under 18 years old during the fall. The clock would begin once you become competent or turn 18.

    Slip-And-Fall Lawsuits in Dallas

    You must choose a legal theory as the basis of your case if you want to pursue a lawsuit. Slip and fall cases typically hinge on the theory of negligence.

    The legal theory of negligence includes five elements that you must prove to recover a financial award:

    1. Duty: The at-fault party owed you the duty of care a reasonable person would use under similar circumstances;
    2. Breach of duty: The other party failed to perform their duty;
    3. Cause, in fact: If it weren’t for their actions or inaction, you wouldn’t have suffered harm;
    4. Proximate cause: Their breach directly led to your injury; and
    5. Damages: You suffered losses as a result.

    You must also establish which of the following categories apply to you.  You’ll also need to determine if you’re eligible for compensation in your classification:

    Licensees have the owner’s consent to be on the property. The owner must warn them of any dangers that could cause harm.

    Invitees are people who have implied or expressed invitation to visit the property for a mutual benefit or something happening on it. The owner’s legal responsibility is to maintain a safe place and warn invitees of hazardous conditions.

    Trespassers are those who enter someone’s property without permission. The owner does not owe them any duty to warn them of any possible dangers they could face.

    How The Injury Claim Process Works

    There’s a specific procedure The Benton Law Firm will follow when we’re handling your insurance claim. We will start by investigating your fall’s cause to determine if someone else was at fault. If we find that the property owner or another party was liable, we will request a copy of their liability insurance policy to determine the amount of coverage available.

    We will file a claim and obtain evidence proving that your injuries resulted from the incident. Once we complete that step, we will send a demand letter to the insurance company. A demand letter includes relevant details about the case, such as:

    • Date, time, and location of the fall
    • How it happened
    • Who caused it
    • Types of Injuries
    • Every doctor and facility that provided medical care
    • Total expenses incurred
    • Settlement amount we are seeking on your behalf

    The insurance company will perform its investigation and determine if they agree with our findings or want to negotiate for lower compensation. They could also deny the claim if they don’t believe the at-fault party should be liable for your accident.

    Remember, the insurance company won’t be on your side. Their job is to save money and settle for as little as possible. They might use intimidation tactics to scare you into accepting whatever settlement they provide, but we won’t let that happen. We’re not afraid to go up against them and fight for the maximum compensation you deserve. If they refuse to settle for a fair amount, we will file a lawsuit and take them to court.

    If you have been injured in a Dallas area slip and fall accidents, you have options Contact Us Today

    Contact Our Slip-And-Fall Attorneys Today

    If you or someone you know has been involved in a slip and fall accident, you do not have to face the consequences without fair compensation. The legal professionals of The Benton Law Firm strive to assist those wrongfully injured and recover compensation for their medical bills, lost wages, and any other expenses incurred due to the accident. Our attorneys understand how difficult overcoming an accident that was never your fault is. Contact our offices today at (214) 777-7777 to speak with a qualified legal team member to learn more about what we can do for you.

    Frequently Asked Questions about Slip and Falls

    If you’ve been injured in a slip-and-fall accident, you likely have many questions. Following are answers to some of the questions our clients frequently ask:

    Do Insurance Companies Give “Fair” Offers?

    Insurance companies are for-profit businesses. The business is most successful when they take in more money than they pay out. While not all insurance companies are alike, it can sometimes be to a company’s benefit not to pay out the maximum compensation that a claimant may be due after an accident. Certain laws, regulations, or loopholes in insurance policies allow them to reduce the compensation they offer in certain circumstances. Ultimately, the company and insurance adjuster are working for their benefit, not yours, even though you are the accident victim.

    That’s why it pays to get an experienced slip-and-fall attorney on your side early in the claims process. There are numerous ways a negligent property owners can deflect the blame from themselves and try to put the bulk of the blame on your shoulders. This tactic can be used to offer you less money than what your claim is worth. An attorney working on your behalf can investigate the accident and gather evidence that helps establish the property owner’s liability for the incident. With this evidence, a solid case can be built that shows why you deserve full and fair compensation for your injuries and lost income.

    You will want a team of lawyers working on your behalf since the insurance company will be working on their behalf and that of their paying policyholder. Before you accept any figure from an insurance company, talk to an experienced slip-and-fall attorney first.

    How is the Value of my Slip and Fall Case Determined?

    No magic formula easily calculates the value of a slip-and-fall accident claim. Every case is unique, and multiple factors are considered to determine the value of a slip and fall accident. The accident’s true value may differ slightly from your compensation for a slip and fall case.

    The value of a slip and fall case depends on the extent of a person’s injuries, medical expenses, loss of income, and pain and suffering.

    Extent of Injuries 

    • The severity of an individual’s injuries will affect the value of a slip and fall case. Some injuries are more grievous than others. A fall that results in a traumatic brain injury will have a different value than a case that involves a bruised wrist and lacerations.

    Medical Expenses 

    • Medical expenses related to treating slip and fall injuries may be compensated. These expenses could include hospital bills, doctor’s visits, prescription medications, physical therapy, and rehabilitation costs, as long as they pertain to the treatment of the injury sustained in the fall.

    Loss of Income

    • When injuries are serious, it usually means that an individual will have to take time off from their job to recover. Missing work means missing paychecks. Compensation may be available for this lost income. Sometimes, a slip and fall injury may be so severe that an individual cannot return to work at full capacity or even in their regular job. In this instance, it may also be possible to seek compensation for a loss of earning capacity.

    Pain and Suffering

    • Compensation may also be available for the pain and suffering that a traumatic event like a slip and fall accident has caused. While there is no hard and fast rule for determining the value of pain and suffering, the severity of the injuries, scarring or disfigurement, and changes in quality of life may all be used to determine an appropriate value.

    Incidental Expenses 

    • Keeping receipts related to a slip and fall injury is important. In some cases, an individual may be compensated for their incidental expenses. This could include mileage to and from doctor’s appointments or cab fare if you cannot drive. If you were sent to see a specialist in another city and had to stay the night there, you’d want to keep the hotel receipt. These incidental costs could be part of a compensation package.

    Remember that while these things contribute to the value of your claim, other factors may determine how much of that value you can collect as compensation. Proving liability, demonstrating how the negligent property owner caused the accident, and how your actions may have contributed to the accident can all affect how much of that value gets paid to you. Trusting an experienced slip-and-fall attorney with your case is the best way to achieve a positive outcome and get the maximum compensation possible.

    How Long Will My Case Take?

    Every case is different, and various factors can affect how long it takes to settle a slip-and-fall accident case. The nature of the case, the severity of a person’s injuries, and the willingness of a property owner or insurance company to negotiate all play a part in the timing of the settlement. Some cases may be resolved fairly quickly with strong evidence and negotiation tactics. Other cases can take longer if parties resist good-faith negotiations and must be taken to court.

    No matter the circumstances, having an attorney on your side is the best way to achieve a positive outcome for your situation. At The Benton Law Firm, we understand that you may be anxious to get your compensation quickly because you are financially uncertain. That’s why we offer a free consultation to get you started. We work on a contingency fee system, so you pay nothing upfront. Our payment is contingent on you winning your case. It helps take the pressure off your shoulders and lets you focus on what’s important:  your recovery.

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