Calculating Damages in McKinney Slip and Fall Cases
At the outset of a case, a slip and fall lawyer may examine various pieces of evidence to evaluate potential damages, including medical records, medical expenses, and any future damages that need to be developed like life care plans or future lost income. Sometimes, medical illustrations are used, as well as computer animations of surgeries or the type of rehabilitation the plaintiff requires.
Calculating damages in McKinney slip and fall cases is as much about working with a jury as it is about collecting evidence. A judge or jury must be convinced that each expense is a direct result of the negligent party’s actions, and therefore compensable. For help with recovering compensation, contact a seasoned slip and fall attorney.
Evaluating Evidence to Calculate Damages
Generally, once liability is established in a slip and fall case, the lawyer develops evidence to show the extent and permanent nature of pain, impairment, mental anguish, future medical care needed and its costs, loss of earnings capacity in the future and out of pocket costs such as past medical costs and past lost wages.
Just as a plaintiff’s attorney will carefully examine evidence to calculate damages, so too will insurance adjusters. The insurance adjusters looking at these cases evaluate the evidence, the strength of the liability, and the damages as well. The quality of the evidence and the manner in which it is prepared and presented in court influences the odds of the insurance adjuster coming forward with an offer that is acceptable to the plaintiff.
One of the errors lawyers sometimes make is assuming that the defendant is going to settle a case and not properly collect evidence. Sometimes, the insurance adjusters deal with lawyers for which personal injury is not their primary activity. An inexperienced lawyer may allow the injury case to sit and does not develop the evidence needed.
If the insurance adjuster realizes that the attorney for the injured party did not properly develop evidence, they may offer less money on the case than they would offer the lawyer who is diligent in pursuing these cases. For more information about calculating damages in McKinney slip and fall cases, contact a knowledgeable lawyer.
How Damages Affect a Liable Party’s Future Behavior in a Slip and Fall Case
When a jury holds someone fully accountable for the harm they caused, the verdict changes the defendant’s behavior. Losing a case teaches a lesson to the insurance carriers and property owners about addressing and correcting problems when they occur, and it prompts the insurance carriers to put safety programs in place.
In a slip and fall case, damages do more than simply compensate a plaintiff for their expenses, although that is a crucial element of the case. Compensation may also incentivize stores and other places of business to more carefully against dangerous conditions like wet floors, keeping future customers safe, and avoiding more injuries.
Contact an Attorney to Calculate the Value of a Potential Slip and Fall Claim
If you have been injured in a slip and fall, you may be unsure of the actual value of your case. An experienced attorney could examine medical documents and other evidence to deliver a general estimate of potential damages. An attorney could also begin working to collect more evidence and place pressure on insurance adjusters. Call a lawyer today for help calculating damages in McKinney slip and fall cases.