Borger, TX Personal Injury Law Firms & Lawyers

First, file a report with the police if you have not already done so. Then, file a no-fault claim with your insurance company. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You may not be able to answer every question, such as "amount of medical expenses" if you haven't had any yet, just do the best you can and send it in immediately. Then, get the medical treatment you need. As long as the doctor signs that the treatment is medically necessary and related to the accident, you are covered. You can only recover financially from an injury if you have what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study.

 You do need an attorney. More times than not, people who represent themselves end up doing much more harm than good in their case.  Additionally, there is more involved in your case and than just negotiating a settlement. You also have the added complication of reimbursing the workers compensation plan and knowing your rights in that respect. The role of an attorney is to make sure your claim is giving higher priority than any other Interested party. It never hurts to call and at least get a free consultation. At least you will know your options and can make a decision on how to proceed.

Your wife may be entitled to compensation for her injuries and damages sustained in her fall if she can prove the store was negligent in not preventing your wife's fall. Your wife would basically have to prove that the store knew or should have known about the slippery floor and that they either failed to do something about the slippery floor or warn people about it. Evidence that your wife would look for to help prove these items include, but are not limited to: how large the wet slippery area was; how long it had been there; whether anyone told the store about it; whether it was raining at the time; where the slippery area was in the store; what caused the floor to be slippery, such as water, a spilled product, etc. In addition, your wife's own actions would have to be examined to determine whether her own conduct, primarily whether she kept a "proper lookout" and what efforts, if any, she took or could have taken to avoid the slippery area. If your wife was partially at fault for her fall, her fault is compared with that of the store. To be entitled to compensation, your wife must be less than 50% at fault. In addition, your wife's fault, if any, reduces the amount the store owes based on her percentage of fault. For example, if the case is worth $100.00 and a person is 10% at fault, they would be entitled to $90.00. You do not provide enough information to determine whether the store was negligent and whether your wife's own conduct contributed to her fall. Your wife should contact a personal injury attorney to more fully discuss her case. Most personal injury attorneys offer a free initial consultation so it should not cost her anything to talk to an attorney.