McKinney Slip and Fall Damages

When somebody slips and falls on another person or entity’s property, the types of general personal injury damages that they may recover include elements of lost earnings and medical as well as noneconomic damages such as pain, mental anguish, or impairment. A personal injury lawyer could help a plaintiff recover adequate compensation for McKinney slip and fall damages and hold the negligent party accountable.

What to Do to Maximize Recovery

To maximize the recoverable damages in a slip and fall case, it is imperative that the plaintiff preserve evidence of liability and damages. In the immediate aftermath of a fall, for instance, they should take pictures, get statements from witnesses, and ask of the property owner or manager.

After that, of course, there is the evidence of how bad the injury is, usually medical evidence, and normally part of that is making sure the injured person sees the doctor, does what the doctor says, and is consistent about seeking medical treatment to get themselves better.

Loss of Household Services

One damage that is sometimes overlooked but can be very important in the right case is the loss of household services, which are the household duties that were done by the injured person to take care of their home or family, things they may have to hire out now. That can be everything from doing the laundry to mowing the yard and anything else that can be assigned a value.

In appropriate cases, such as catastrophic ones, loss of household services can be a significant component of recoverable damages. Damages such as pain or mental anguish are real and change a person. For instance, there is a demonstrated link between pain and depression and between pain and a person’s outlook on life. A catastrophic, chronic, long-lasting, nagging, and inflaming pain inherently changes people, and that psychological damage can be recovered in slip and fall cases.

Punitive Damages in a Slip and Fall Case

Punitive damages, also called exemplary damages in Texas, are damages that make an example of a defendant so that they and others will not repeat the errors or mistakes. To recover punitive damages in slip and fall cases, a plaintiff must show more than just the defendant’s negligence; they have to show that the defendant knew of the obstruction or hazard that caused the fall but did nothing to prevent it. Such conscious indifference to an extreme degree of risk and potential harm.

It is very difficult to win punitive damages in slip and fall cases, but in the right case, it could be available, such as a person who has been warned time and time again of a particular problem that has a chance of hurting somebody horribly. Appeals courts in Texas are apt to reverse punitive damage or exemplary damage awards, but an experienced personal injury lawyer could fight to build a strong case that withstands appellate review.

How a Slip and Fall Lawyer Demands Damages

If you have been injured in a slip and fall, you need experienced legal representation. A skilled personal injury lawyer could demand McKinney slip and fall damages by collecting evidence from the scene, preserving medical documentation, deposing witnesses, and negotiating with insurers. Reach out today.

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