Llano, TX Personal Injury Law Firms & Lawyers

Check to see if the other driver had insurance coverage at the time of the accident. If so, file a claim with his insurance company. Also, consult with a plaintiff's accident or personal injury attorney for specific legal advice and direction.

Whether you can recover from the store depends on the specific circumstances. If you can PROVE that the substance on the floor (water or some other liquid or slippery substance) had been on the floor for a significant amount of time, long enough that the store operators knew or should have known it was there and long enough for them to have the chance to clean it up and/or at least warn customers to avoid it, then the store can be held liable for your damages. You should retain a lawyer immediately to investigate the incident and determine whether or not you have a viable case.

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.