Exploring Different Types of Compensation Available in Texas Slip and Fall Cases
The Texas attorneys at Carabin Shaw frequently observe firsthand the devastating consequences of harmful falls. In fact, slip-and-fall cases are one of the most common types of premises liability lawsuits.
If you’re injured while visiting property in San Antonio, premises liability law states that the property owner or occupier owed you a duty of care. But even if you can successfully prove that someone else failed to correct a known hazard, how do you calculate the amount you’re owed?
To your lawyer, handling these factors is second nature. For instance, they know that your compensation can include economic, noneconomic, and sometimes even punitive damages. The legal circumstances differ if you were injured on the job: in this case, you can likely pursue certain benefits through workers’ compensation regardless of who was at fault.Economic Damages in Texas Slip-and-Fall Cases
The most straightforward San Antonio slip-and-fall injury compensation involves economic losses. According to the Centers for Disease Control, medical costs for all falls in 2015 surpassed $50 billion.
In your own case, economic damages may include past and present medical bills, as well as the following:
- Anticipated future medical costs
- Home health care and ongoing rehabilitation
- Lost wages due to time off work
- Future lost wages due to ongoing disability
- Lost benefits such as pension
- Costs of transport to medical facilities
- Lost spousal wages due to your care
Your legal team will know how to claim all possible economic losses you’ve suffered as a result of your falling injuries.Noneconomic Slip-and-Fall Damages in San Antonio, TX
Texas law also makes it possible to seek compensation for noneconomic damages that represent a diminished quality of life. For instance, the injuries from your fall might cause you pain, suffering, loss of intimacy, and other psychological consequences.
But because these losses don’t have a monetary value, their calculation is more variable and subject to negotiation. For example, insurance companies use the following two methods to determine payments for pain and suffering:
- Multiplying your actual economic losses by a number between 1.5 and 5, depending on circumstances
- Paying a fixed amount, such as your daily wages, per day of your pain
Your attorney negotiates assertively to ensure a fair insurance settlement. Typically, you can achieve a reasonable settlement without going to court. In extreme cases, however, a judge or jury may assign punitive damages to punish defendants for especially harmful behavior.Workers’ Compensation Benefits for Falls on the Job
As you’re exploring different types of compensation available in slip-and-fall cases, you’ll notice that the context of the fall affects the legal course of action. If you fall on the job and your employer provides workers’ compensation insurance, you typically can’t sue; instead, you pursue benefits through the employer’s insurance.
Workers’ compensation offers medical, income, and death benefits, but collecting these benefits isn’t always painless. Insurance companies are motivated to provide minimal benefit, so your legal team must advocate for your fair and complete compensation. Carabin Shaw’s client reviews highlight the consistent care and support that our team provides.Determining the Worth of Your San Antonio Slip-and-Fall Case
If you’re enduring financial strain in addition to emotional distress from your injury, you’re probably eager to know how much compensation you’re likely to gain from your case.
Several factors influence the total amount:
- Severity and permanence of your injury
- Documentation of costs
- Evidence supporting damages sought
- Degree to which you share responsibility for your accident
- Method of calculating noneconomic damages
However, only your attorneys can provide insight specific to your case. You can begin a legal assessment by calling the toll-free number 1-800-862-1260. Available 24/7 at this number, Carabin Shaw’s San Antonio-based bilingual staff can help you set up a free case review and initial consultation. After all, the surest way to confirm your case’s worth is to find justice through a successful legal outcome.Sources