A Guide to How Slip and Fall Claims Are Valued in San Antonio

A Guide to How Slip and Fall Claims Are Valued in San Antonio

Slip and fall claim value in San Antonio comes down to two things: 

1. The total cost of your losses, and
2. How clearly the evidence shows the property owner failed to keep the place safe.

Texas law also reduces your recovery if you share blame. Put simply, your number reflects both what the injury took from you and how strong the proof is.

Here’s how it works in practice. We total your medical bills and lost income, estimate future care, and factor in pain, limitations, and the ways the injury has changed your day-to-day life. Then we look at fault. If the property owner knew about the hazard or should have found it with reasonable inspections, that adds weight to your case.

If you want help estimating your claim and preserving key evidence, call Cowen | Rodriguez | Peacock for a free consultation at (210) 941-1301.

What Counts as Damages, and How Do You Prove Them?

Damages come in two buckets: the money you paid or lost as a result of the accident, and the human impact that does not come with a receipt. 

Economic Damages: the Measurable Costs

These are the hard-dollar items tied to your fall. We gather the paperwork and make sure nothing gets left out:

• Emergency and hospital care: Ambulance, ER, imaging, surgery, specialist visits, and prescriptions.
• Rehabilitation and therapy: Physical therapy, occupational therapy, and home health visits. Injuries like a hip fracture frequently require months of structured rehab.
• Medical equipment and home changes: Braces, crutches, walkers, shower chairs, ramps, and grab bars.
• Travel for care: Mileage, parking, rideshares for appointments.
• Lost wages: Hourly, salary, tips, commissions, bonuses, and gig income while you are recovering.
• Reduced earning capacity: When lasting limitations force a career change or cut your hours. We compare pre-injury earnings and projected post-injury earnings, using medical opinions and vocational analysis if needed.
• Out-of-pocket help: Childcare, housekeeping, lawn care, or other services you hired because of the injury.

Non-Economic Damages, the Human Impact

This is the part insurers frequently undervalue, but they are just as real:

• Pain and physical limitations: Stiffness, soreness, flare-ups, difficulty standing, lifting, or walking, and sleep disruption.
• Emotional strain: Anxiety, fear of falling again, sadness from missing activities, and stress from lost independence.
• Disfigurement and impairment: Scars, limps, loss of mobility, or decreased range of motion.
• Loss of enjoyment: Hobbies shelved, canceled trips, missing milestones, or not being able to pick up your child or grandchild.

How Does Fault Shape the Value of Your Claim?

Texas premises liability law holds property owners responsible when they fail to keep their property reasonably safe for visitors. This legal concept demands that owners and occupiers owe a duty of care to spot hazards and fix them or warn people in time.

What Did the Owner Know, and When?

At its core, a premises liability claim boils down to proving one simple fact: did they know, or should they have known, about the slipping hazard? Texas law defines this idea as follows:

• Actual knowledge: The owner or staff already knew about the exact hazard. Example, a manager reported a leaking cooler last week and the store still put no mats or signs down.
• Constructive knowledge: The hazard existed long enough that a reasonable inspection would have found it. For example, a puddle that grows under a drink machine during a busy lunch rush with no periodic checks.

We look for checklists, cleaning logs, maintenance work orders, and employee statements to verify which of these, if any, applies to your situation.

Common Slip and Trip Hazards We See in San Antonio

• Wet floors and spills: Grocery, restaurant, and retail floors without warning signs or quick cleanup.
• Uneven walking surfaces: Broken tiles, loose mats, cracked sidewalks, and holes in parking lots.
• Poor lighting: Dim stairwells, parking garages, and outdoor walkways that hide hazards.
• Cluttered paths: Boxes, displays, or tools left where people walk, especially near stockrooms and loading areas.
• Stairway defects: Loose rails, irregular riser heights, worn treads, and missing non-slip strips.

What Is Texas’ 51% Bar, and How Does It Reduce Your Recovery?

Texas uses proportionate responsibility, which means that your recovery drops by your share of blame under Chapter 33. However, this applies only up to a point. If you reach 51% at fault, you recover nothing. 

How Insurers Argue You Share Blame

Adjusters will review the file for anything that shifts fault to you. Expect questions to come up like:

• Were you looking at your phone when you fell?
• Did you walk past a visible warning sign?
• Were you in an area that was restricted to employees?
• Were your shoes slippery or worn smooth?

Our job is to anchor the story to the facts. We track down video, inspection records, witness statements, and scene photos so that blame stays where it belongs.

What Evidence Do We Gather for You?

The right proof changes how an adjuster, mediator, or jury sees your story. When you hire us, we work swiftly to secure evidence such as:

• Scene photos and video: We try to obtain photos of the floor, lighting, warning signs, and your clothing and shoes. 
• Incident report: If you haven’t already, ask the business to document the fall and request a copy. Once you get it, pass it off to us.
• Witness details: We help secure the names, phone numbers, and short summaries of what they saw.
• Footwear and clothing: Keep them in a bag, unwashed, and hand them to us. Tread wear and residue might help tell a story of what happened.
• Medical timeline: We’ll document all of your ER records, follow-ups, physical therapy, and any referrals that are related to the accident.
• Work records: We’ll help you get pay stubs, timesheets, tip logs, 1099s, or employer letters for missed time.

Preserving Video and Inspection Records

Many businesses record over surveillance footage on short cycles. We can send a preservation letter which puts them on notice to keep footage, incident documentation, and inspection logs. 

How Do Insurers Estimate Pain and Suffering?

Insurers typically use internal formulas to size non-economic losses. Two common approaches appear in negotiations:

• Multiplier method: They total medical bills and apply a factor that usually ranges from 1 to 5. The factor tends to rise with longer recovery, surgery, permanent issues, or clear fault.
• Per diem method: They assign a daily rate for pain and disability, then count days from injury to maximum medical improvement.

These tools are starting points, not the final word. We’ll rely on evidence like detailed medical notes, physician opinions, and proof of missed life events to support fair compensation for your injuries.

Slip and Falls Tied to Delivery and Trucking Operations

Some of the most serious falls happen around loading docks, warehouses, and delivery routes. 

Where These Injuries Happen

• Loading docks and warehouses: Spills, pallet debris, cords, and dark corners make footing tricky for drivers, warehouse staff, and visitors.
• Delivery drop-offs: Packages, dollies, or straps left at entryways trip customers and tenants.
• Commercial parking lots: Oil spots and fluid leaks turn smooth pavement slick, especially after a light drizzle.

These matters may involve multiple parties, including the property owner and the delivery company. We sort out who controlled the area, who created the hazard, and who had the duty to fix or warn.

Government Property, Notice Deadlines, and Damage Caps

If your fall happened on public property, you’re now facing a different set of rules. Claims against a city, county, or state agency require early notice and face limits on recovery.

Short Notice Window

The Texas Tort Claims Act requires formal notice within six months for most claims against government entities. Some local governments set shorter deadlines by charter. Because the deadline might vary by entity, it’s always best to consult with a lawyer to determine the eligibility of your case.

Recovery Limits

Texas law caps damages against government units. Under Section 101.023, limits typically include:

• State or larger local units: Up to $250,000 per person and $500,000 per occurrence for bodily injury, plus $100,000 for property damage per occurrence.
• Certain smaller units: Up to $100,000 per person and $300,000 per occurrence for bodily injury, plus $100,000 for property damage per occurrence.

What Are Medical Liens and Who Gets Paid From Your Settlement?

If you receive medical care after a fall or car crash, you’re not the only one with an interest in your injury settlement. Hospitals, doctors, insurance companies, and even the government may have a legal right to be paid back before you see a dime. These are called medical liens, and they’re common in Texas personal injury claims.

Do Texas Hospitals Automatically Have a Lien?

In many cases, yes. Texas law gives hospitals and some emergency providers a lien against your personal injury recovery. You’ll find this in Texas Property Code Chapter 55.

But not every bill qualifies:

• The lien only applies to treatment received within 72 hours of the accident.
• It must be properly filed with the county clerk before the case settles.
• It only covers reasonable and related charges—not the full hospital balance if, for example, unrelated care was bundled in.

We review each lien to make sure it meets all legal requirements. If it’s inflated or unrelated, we challenge it. In some cases, we can negotiate significant reductions.

What About Medicare, Medicaid, or VA Benefits?

If you received treatment paid by Medicare, Medicaid, or the VA, those agencies typically expect repayment. These are called statutory reimbursement rights, and they operate under federal law.

For example:

• Medicare must be repaid under the Medicare Secondary Payer Act.
• Medicaid liens are governed by federal law and state-specific rules. In Texas, Medicaid has a right to recover only for payments directly related to the injury.
• VA and TRICARE also pursue repayment but follow separate processes.

Before a case can settle, Medicare’s interest must be resolved, meaning they must confirm what they paid and approve the repayment plan. We handle this for you, including:

• Requesting itemized payment breakdowns
• Verifying that each charge is injury-related
• Challenging unrelated entries
• Negotiating to reduce the amount owed

Who Else Might Have a Lien?

Other possible lienholders include:

• Private health insurance companies with subrogation clauses
• ERISA health plans, which follow federal rules
• Workers’ compensation carriers, if the injury was work-related

Each has different rules, deadlines, and leverage. Some are aggressive while others accept quick resolutions. Our job is to identify every lien, verify its legality, and minimize its impact on your settlement so more of the recovery goes where it should: toward rebuilding your life.

Work-Related Falls in Texas: Workers’ Comp, Non-Subscribers, and Third-Party Claims

If you fell while on the job in Texas, there are two possible legal paths. One depends on whether your employer has workers’ compensation. The other looks at whether someone outside your company caused or contributed to the hazard, like a general contractor or property owner.

Does Your Employer Have Workers’ Comp?

In Texas, not all employers are required to carry workers’ compensation. This matters a lot.

• If your employer does subscribe, you generally can’t sue them, but you’re entitled to medical and wage-replacement benefits. These are no-fault benefits, meaning you don’t have to prove anyone did anything wrong. The Texas Department of Insurance outlines what workers’ compensation covers.
• If your employer is a non-subscriber, you can file a personal injury lawsuit against them and you won’t have to deal with the restrictions of the comp system. But you do have to prove negligence. That means showing your employer failed to take reasonable steps to keep you safe.

We’ll confirm your employer’s coverage status and help you decide which path applies.

What If Someone Else Was Responsible?

Even if your employer has workers’ comp, you might still have a third-party claim. These claims target people or companies outside your employer who contributed to the dangerous condition.

Examples:

• A property owner failed to fix a broken railing at a client site.
• A subcontractor left loose wires in a shared workspace.
• A cleaning company mopped the floor but didn’t put up warning signs.

In these cases, you can file a separate injury claim against the third party while still receiving workers’ comp benefits. This is called a third-party negligence claim, and it may provide a broader range of damages including pain and suffering, which workers’ comp doesn’t cover.

We coordinate both claims to avoid benefit conflicts and make sure all recovery avenues are preserved.

We build slip and fall cases with evidence, clear timelines, and real-world proof of how the injury changed your life. The sooner we start preserving video, gathering records, and documenting your losses, the more leverage you have.

To get a free, no-obligation assessment of your slip and fall case, call Cowen | Rodriguez | Peacock at (210) 941-1301.