Shefman Law, Austin personal injury attorneys, handles all different kinds of personal injury lawsuits, from motorcycle accident cases to swimming pool injuries. One of the most common types of personal injury suits we see revolves around what is known as slip and fall accidents. Slip and fall accident attorneys are all sadly aware of the fact that not only can slip and fall injuries often create distressing situations for our clients, they also tend to be incredibly avoidable. Most slip and fall accidents that are the result of negligence could be prevented with a bit of foresight and care, and as Austin personal injury attorneys we believe in doing everything we can to make the situation safer for our community. Here are a few common slip and fall situations, as well as ways to avoid creating them.
Damage or Change to a Property
One of the reoccurring themes in slip and fall injury cases is a lack of property owners to properly address a change in their physical property. Whether it’s damage to a floor that creates an obstacle or a remodeling project that isn’t yet completed, failure to properly handle and address dangerous property damage is something that every slip and fall accident lawyer continually sees in cases. If you are a property owner, you’ll want to not only avoid these types of situations, you’ll also want to always properly document and mark any area that could potentially prove unsafe for guests.
Unsafe Cleaning Practices
At Shefman Law, Austin slip and fall personal injury attorneys, we’re surprised that all property owners are yet to understand the implications of not handling cleaning and maintenance with the utmost care. From recently mopped floors to areas that have been over-polished, maintaining a safe walking surface is a requirement for any space and liability can and will fall on property owners who fail to provide it. In the legal field, we utilize a coefficient of friction measuring system to determine if a floor is too slippery. Although not every property owner can maintain such a precise system, make sure to always err towards a floor that is as safe as possible in order to avoid unnecessary slip and fall accidents.
Failure To Address Weather Conditions
Even if a property owner stays up to the task of maintaining the general safety of a surface are while also avoiding dangerous cleaning practices, a slip and fall accident can still occur if weather conditions aren’t properly responded to. As slip and fall injury lawyers, we’ve seen countless cases that occur due to rain, snow, and ice, and it is up to a property owner to combat these unsafe walking conditions with effective protocol. Whether it’s salting any and all icy areas or placing rubber mats in needed areas, if you don’t maintain safe surfaces during difficult weather conditions, you may just find yourself getting a call from a slip and fall accident attorney.
Although this is in no way an exhaustive list, it should illustrate just how essential it is for any business or property owner to attentively focus on providing a safe and manageable space for all of their guests. If you’ve been in a slip and fall accident, contact the Austin personal injury attorneys at Shefman Law to find out what options might be available for you.
At Shefman Law, home of Austin’s finest construction accident lawyers, we’re always saddened to hear of injuries and bodily harm sustained due to an employer’s lack of preparation or follow through. In an incident that occurred on February 13th, two young men in their 20’s were seriously injured after falling from scaffolding at an Austin construction site. It’s always a tragedy when anyone suffers a serious injury on the job, but it’s important to remember that there are avenues for construction workers that endure injuries on site. The state of Texas requires a safe environment for every worker, and when standards aren’t met, we can see terrible accidents such as this one. What can and should be done when you or a loved one suffers a construction site injury that is the result of employer negligence?
One thing that is important to remember is that third parties can and should be held accountable for the failures of their safety programs. As construction accident injury attorneys, Shefman Law has a firm grip on the various ways to pursue compensation for workers injured on the job site, including holding these third parties responsible for their failures. The manufacturers of all the various equipment used on the job site can be responsible for injury and death, including scaffolding, conveyors, ladders, forklifts, and cranes. The first step in gaining compensation for a construction accident injury is to consider the ways in which these third parties may be at fault for injury or death.
It is also essential to consider the ways in which an employer’s negligence can be the root cause behind a debilitating injury. Owners of projects expect contractors to produce a quality project at a competitive price, but this does not mean that a contractor can cut corners on safety to reach the right price for the customer or to achieve the most profit. The Austin construction accident injury lawyers at Shefman Law have the skills and resources to determine where blame lies in these types of cases, and have the grit and determination to take your case all the way to trial. We have yet to lose a case, and you can be sure that we’ll give our all to get you or your loved ones the compensation you rightly deserve.
Don’t let an accident caused by negligence go unpunished. Contact Austin’s construction accident attorneys at Shefman Law to begin on the road to getting a fair and just result for your case.
This is meant to be a tool for those folks who choose to represent themselves following a minor crash where they are seeking personal injury or bodily injury losses in the Texas Justice of the Peace Courts in an amount under $10,000. As Austin personal injury attorneys, we’ve noticed that often folks will choose not to hire an attorney, perhaps liability is clear they just need some help writing a letter to the insurance company. If you are not sure what to include, this sample letter will provide an idea of how to structure your letter and what to include. There are many ways to do this, this is a simple outline that we hope is useful and easy to follow. If for any reason you do need a motorcycle accident attorney or car accident injury attorney, make sure to contact Shefman Law. We fight, and we win.
REMEMBER, YOU ONLY HAVE TWO YEARS, IN TEXAS, FROM THE DATE OF YOUR CRASH, TO FILE A CLAIM AGAINST AN INDIVIDUAL OR CORPORATION THAT HAS HARMED YOU IN A PERSONAL INJURY CASE.
IF YOU HAVE BEEN HARMED AS A RESULT OF A MUNICIPALITY OR STATE ENTITY (GOVERNMENT) YOU SHOULD SEEK LEGAL COUNSEL FOR THE LIMITATION ON WHEN YOU CAN BRING A CLAIM.
Sample Demand Letter for Pro Per (Self Representation) where you are seeking $10,000 and under (Justice of the Peace Cases):
This is where you provide a short statement of who you are, your age, your occupation, (a snapshot of who you are in your own words).
Include a picture of yourself. Mention that this is an offer for early resolution of your claim.
Facts Establishing Liability
Write about the crash. Where you were coming from. What the other driver did just before the crash. What you did. How the crash occurred. Be careful not to get too specific about time and distances if you are uncertain and can’t be exact. Discuss the choices the other driver made when they hit you that make the incident the other party’s fault. Liability has either been established –If it has not been established by a police report or admission of party that hit you, then state why they are at fault, for example did they violate your right-of-way? Did they run a red light? Were they talking on the phone?
How do you know they are at fault? List your observations, the other driver, witness or passenger statements. Put all of that information in this section to establish your arguments why the other person is at fault. Whatever evidence you have to support your argument, include it as an attachment and reference it in this section. Any good car accident injury attorney will want this information as well in case you do end up seeking legal assistance.
If it is a violation of a right-of-way, or a failure to stop at a red light, speeding, inattention of the other driver (driving while distracted), not keeping a safe distance provide the code section for that law and copy that law into your paragraph. For instance, most of these code sections can be found through google, but you can also look directly at this site: http://www.statutes.legis.state.tx.us/Docs/TN/htm/TN.545.htm. Then state, the law “Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.” When Mr. Defendant Driver made the left hand turn directly into my lane of oncoming traffic, there was no time, reflexive or deliberate to avoid a collision. Therefore, Mr. Defendant Driver is liable for the resulting injuries.
(Include photos of crash or car)
Injuries Related to the Crash
What happened to you, immediate harms, treatment you received, physical losses, emotional losses (harms and losses) things you were unable to do. What were your pain scales 1-10 and list out in table format.
Provide a pain scale of 1-10 for the parts of your body injured immediately following the crash, three days after crash, one week, two weeks, three weeks, one month, etc.
1st Day 3d Day 1 Week 2 Weeks 3 Weeks 1 Month
Head: 3 5 4
For each treatment provider, list the date of treatment, the physician or therapist, then list what the record states in summary. Do this for each treatment date, and for each treatment provider.
Describe how these injuries affected your life and what setbacks, if any, the injuries caused you. List in as much detail with as many descriptor words as you can, what these injuries prevented you from doing and why. For instance, if you hurt your neck and were diagnosed with whiplash perhaps you could not drive for a period of several days. Maybe you are a new dad or mom and you could not lift your child? Describe what you were unable to do as a result of your pain.
These are the financial losses you have as a result of the crash. List every economic loss you have, this will include wages lost, medical costs, co-pays, ambulance bills, repair and replace costs of clothing you may have been wearing that was soiled or property damage. If you broke a watch for instance, provide the receipt and a photo. If you have no receipt or photo look it up on amazon and get the cost to repair and/or replace the watch. For your motorcycle, bike, or other vehicle, send the estimate to repair or replace with photos of the damage. Again, you’ll want to detail this information even if you wind up seeking the assistance of a motorcycle accident attorney or personal injury lawyer here in Austin.
For medical treatment, provide records for every item listed. Reference the record and bill and attach it to the letter in order it is mentioned in the letter or embed it into the demand with a readable snapsnot.
This section is a short recap of what happened, why liability is clear, why you are entitled to payment for reimbursement and also all of the harms and losses you suffered including lost wages, and emotional and physical pain both past and future. List your demand. Some people list demand amounts to include pain and suffering and emotional distress as a multiplier of the amount of bills they have. $1500 X2 or X3. This is a subjective number and only you know the value of your loss. If there is no egregious behavior involved and it is simple crash from simple negligence x 2 or x 3 is maybe a fair number. Remember you want to be reasonable so you can resolve the claim with the insurance company.
If writing the demand is unsuccessful you will have to pursue your claim in small claims or justice of the peace court.
Include as attachments or embedded in your document to be sent to the insurance adjuster for the defendant (not your insurance company) all documentary evidence, photos of your damaged property, your injuries, reports, bills, wage loss letter from your employer or a paycheck stub (insurance company will probably ask for a letter) etc.
Remember, you may want to give yourself time after you feel healed to make sure nothing else comes up as a result of the crash. Once you resolve the claim with the insurance company, you cannot reopen your case and ask for anything else. Your case will be resolved for all times. As Austin car accident injury lawyers, we recommend this to most clients.
THIS IS NOT MEANT AS LEGAL ADVICE OR TO SUBSTITUTE FOR LEGAL ADVICE FROM AN ATTORNEY. THIS IS ONLY A SAMPLE PRE-LITIGATION DEMAND LETTER MEANT TO ASSIST THOSE WHO HAVE ELECTED TO REPRESENT THEMSELVES IN A PERSONAL INJURY CASE WHERE THE MAXIMUM VALUE OF THE CASE DOES NOT EXCEED (TEN THOUSAND) $10,000.00 DOLLARS