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PERSONAL INJURY

Do I Need an Accident Report to File a Slip and Fall Claim in Texas?

December 20, 2018||

Do I Need an Accident Report to File a Slip and Fall Claim in Texas?

Originally published: February 6, 2018

Updated on: December 20, 2018

With the turn of the weather comes a higher risk of icy roadways, sidewalks, and stairs, and these slick surfaces can lead to falls. With the heart of the holidays quickly approaching, you need to be wary of these dangerous and often overlooked types of injuries.

Falls may be funny when they happen to people on TV, but in real life, they are no laughing matter. According to the Center for Disease Control (CDC), over one million Americans are injured from an accidental slip or fall every year, and over 17,000 of these injuries result in death.

Slips and falls can cause broken bones, back and neck injuries, head trauma, and even death. Those injured by slips and falls in Texas and New Mexico often have the legal right to seek slip and fall settlements. Falls are a common type of premises liability claim for businesses, where customers are liable to slip and fall on slippery floors and debris. If you are injured by a slip and fall, you could receive compensation for medical bills, lost wages, pain and suffering, and other damages.

Filing a slip and fall claim in Texas and New Mexico

When filing a slip and fall claim, you’ll need evidence of negligence by the business owner. Some important things to note when doing so include:

  • Taking photos of the hazard that caused your injuries. This is your proof that there was unnecessary risk involved when you stepped foot in or around a business establishment.
  • Take photos of your injuries. This is your proof that the injury occurred at that place of business. Without photo evidence, it can be difficult to prove where an injury actually happened.
  • If there were any witnesses, get their contact information. If the pictures aren’t enough, the testimonies of others can help get you the compensation you deserve.

If you suffered slip and fall injuries, seek medical help right away. Even waiting a few days can negatively impact your claim. You’ll need sufficient proof that your injuries are connected to the accident.

Is a slip and fall accident report necessary?

The business owner will likely need you to fill out an accident report the company’s own records. If you are asked to fill one out, you should do so and ask for a copy for your own records. If the business cannot provide you with a copy, then you can fill out your own easily.

You can find report templates online, or you can create your own. You will need to provide information such as the date and time that the incident occurred, as well as what happened as what types of injuries you sustained. If there were witnesses, you will want to provide their contact information.

If all else fails, your lawyer can create an accident report if needed. You should hire a lawyer anyway if you plan to file a claim against the negligent property owner. Dealing with the insurance company can be a hassle, so it’s best that you have a lawyer, such as Rob Lovett of the Lovett Law Firm, help you with this process.

Therefore, if you slip and fall and do not have an accident report, you can still file a personal injury claim. If you have concerns, contact your lawyer. He or she can help you obtain the information you need to proceed with your case.

Under Texas Civil Practice and Remedies Code §16.003(a), you have two years from the date of the accident to file a personal injury claim. However, the sooner, the better. The longer you wait, the more likely important details from the accident will be forgotten.

Contact a Texas and New Mexico slip and fall lawyer today

Slips and falls are common premises liability cases. If you have been a victim, the business owner may be held liable for negligence.

If you have been injured in a slip and fall accident, contact the Lovett Law Firm right away. We have 20 years of experience helping injured clients receive the compensation they deserve for their damages.

For more information on how we can help if you’ve been a victim of an unexpected slip or fall, please call Lovett Law Firm, personal injury and accident lawyer in El Paso, TX and Las Cruces, NM today at 915-757-9999 (El Paso, Texas) or 575-523-5555 (Las Cruces, New Mexico) to request a free initial consultation with our experienced slip and fall attorney.

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