Damages in Denton Premises Liability Claims
If you were injured on someone else’s property and can prove their negligence led to your injury, you could be entitled to monetary damages. Although money alone cannot make up for the pain, inconvenience, and diminished quality of life the injury may have caused, it could reimburse your accident-related expenses and allow you to make the best of the situation.
The damages available in a Denton premises liability claim depend on the specific circumstances of the case. Our premises liability attorneys could provide more information about what damages might be available in your case.
Economic Damages for Actual Expenses
Injuries generate expenses, and the injured person often bears the brunt of those expenses immediately after a property accident. The party whose negligence created the condition that caused the injury is responsible for paying back the claimant for their out-of-pocket costs.
Any monetary damages related to an injury sustained on someone else’s property may be recovered through a premises liability claim, including:
- All reasonable and necessary medical expenses
- Projected cost of future medical care
- Incidental expenses associated with medical treatment, such as travel costs, parking, prescriptions, and supplies
- Renovations to a home or modifications to a vehicle to accommodate an injury
- Costs of hiring someone to perform household services the injured person can no longer do, such as housecleaning, childcare, or yard maintenance
- Lost wages
- Value of fringe benefits used
- Diminished future earning capacity if the injury caused limitations that will impact the plaintiff’s working life in the future
An injured person must prove their financial losses by presenting receipts, invoices, insurance statements, tax returns, and employment records. A claimant seeking damages for future medical costs or reduced earning capacity in a premises liability case may need experts to weigh in on an appropriate amount.
Damages Available for Intangible Losses
Many of the damages that follow a property accident are not financial. The physical and emotional suffering a person experiences after sustaining an injury on someone else’s land is real and deserves compensation. Texas Civil Practice and Remedies Code §41.001(12) allows injured individuals to seek damages for certain intangible, or “non-economic losses,” resulting from a property accident.
Non-economic damages are intended to compensate the impact an injury has on a person’s lifestyle and wellbeing. Examples of these losses include:
- Physical pain
- Loss of companionship
- Mental and emotional anguish
- Other subjective consequences of being injured
Recovering non-economic damages in a premises liability claim may require the assistance of a capable lawyer in Denton who could present evidence of the claimant’s pain and suffering. Additionally, testimony from the injured person, their family, and associates could prove other aspects of their premises liability claim for non-economic damages.
Limits on Recovery after a Property Accident
The defendant will likely assert that the claimant is at least partially responsible for their own injuries, if not solely responsible. For example, warning an invitee of a hazard without correcting the danger can be enough to escape liability in certain situations. A claimant who is found to be more than 50% at fault for an accident cannot collect damages. Otherwise, a claimant who is partially responsible for a property accident may collect damages reduced by their percentage of fault.
Assigning blame is one of the most challenging aspects of a premises liability claim. Defendants and their insurance companies often try to place responsibility for an accident on an injured person. A claimant may avoid shared liability if they can prove that the owner or operator of the property had actual or constructive notice of the condition but the concealed it so the claimant was not aware of the danger. A Denton lawyer would be familiar with how to effectively refute allegations of contributory negligence and could help an injured person recover maximum damages in a premises liability claim.
Contact a Denton Attorney to Pursue Damages in a Premises Liability Claim
Establishing damages in a Denton premises liability claim requires thorough knowledge of the law and excellent negotiating skills. Rely on a competent local attorney to get you the best outcome possible in your circumstances.
You have a limited time to bring a claim, so do not delay. If you were injured on someone else’s property, schedule an appointment with a Denton lawyer as soon as possible.