Compensation in Premises Liability Cases
If you were injured on someone else’s property because of a hidden defect, you may have the right to a monetary recovery. When you pursue compensation in a premises liability case, there are multiple types of damages you can request. These depend on your specific circumstances, as each type may not be relevant to your case. Additionally, the value of each class of compensation will vary depending on your circumstances and other factors.
If you have been hurt in an accident caused by a property defect and are interested in seeking compensation, contact an experienced Houston premises liability lawyer of The Krist Law Firm, P.C. at 281-283-8500 . We have years of experience in helping individuals understand their rights, and the process of moving forward with a premises liability insurance claim or lawsuit.
Compensation in Premises Liability Cases
The common types of compensation in premises liability cases are:
- Medical costs – You have the right to ask to be reimbursed for all of your past and future medical expenses associated with your injuries. This may also include transportation and accommodations you had to book to receive necessary and appropriate care, in-home medical devices and supplies, at-home assistance, rehabilitation programs, prescriptions, and more. While your current medical bills are easy to calculate, your future medical expenses may need to be estimated. A Houston personal injury attorney can help you work with medical and financial experts to calculate your future medical costs.
- Loss of earning capacity – If your injuries left you with a long-term or permanent physical or psychological limitations, then it is likely you can expect to earn less over the course of your life than you would have prior to the accident. You have the right to request the difference between what you would have earned before the injury and what you are likely to earn now. This calculation may also require an expert opinion.
- Physical pain – While some compensation you ask for during a premises liability case will be economic and based on hard facts, other types of compensation are non-economic, like for the physical pain you experienced due to the accident. You have the right to seek monetary recovery for the pain suffered during the accident and due to your medical treatments and recovery.
- Physical limitations – In addition to asking for your reduced earning capacity, you also have the right to ask for payment for the long-term or permanent physical limitations you have due to your injuries. For instance, this may be if you suffered an amputation or a spinal cord injury, which greatly affects your capabilities.
- Disfigurement – You may seek compensation for an injury that alters your appearance. When a disfigurement is clearly visible to others, such as on an amputation or scaring on your arms, hands, neck, or face, then this type of recovery may be greater than if the disfigurement is typically hidden from view.
- Mental anguish – In addition to the physical pain you suffered from an injury, Texas courts recognize that you likely suffered mental harm as well. You can pursue compensation for the emotional pain, embarrassment, anger, depression, and anxiety you have suffered due to this incident. If you have been diagnosed with a mental health condition in relation to the injury, you may be able to argue for a greater amount of compensation.
Types of Insurance Claims for Premises Liability Cases
Many premises liability cases are resolved through insurance claims. However, where you were injured and the party responsible for your injuries can dictate which type of insurance policy you file a claim against. If you were injured on someone’s parcel of land, your claim may be against a type of property insurance. If you were injured in someone’s home or even within their yard, you will file against a homeowner’s or renter’s insurance policy. If you were hurt in a business’s premises, then there may be a general liability policy that covers bodily injury.
The Type of Insurance Policy May Affect Your Compensation
The type of insurance policy you file a claim against may greatly affect your situation and the amount of compensation you are able to obtain. That is because each of these types of policies will have different provisions regarding:
- The types of incidents covered
- When the insured party is liable
- Monetary limits
When dealing with an insurance claim, you will not be offered an amount greater than the policy limit. If the policy limit is relatively low, then this may not cover all of your economic and non-economic damages. In this case, you must decide whether to accept a lower amount from an insurer or move forward with a premises liability claim in court against the at-fault party. Individuals, like land or homeowners, are likely to have smaller policy limits than larger businesses.
When Insurance Coverage is Not Available
While property owners and occupiers who expect visitors should have insurance, there is always the possibility that the at-fault party in your situation is not covered. For instance, if you were hurt in someone’s apartment, it is common for tenants to not have renter’s insurance. If you are facing a situation in which there is not a relevant insurance policy, contact a Houston personal injury attorney right away. You may need a lawyer to look into whether the at-fault party is able to properly compensate you for your injuries.
Contact Our Houston Premises Liability Attorneys for Help
After suffering an injury on someone else’s property due to their negligence, contact a proven Houston personal injury attorney to learn more about your rights and legal options. At The Krist Law Firm, P.C., we have years of experience helping individuals recover compensation after being hurt. We can review your situation and determine whether there is an appropriate insurance provider with which you can file a claim. We can also discuss when it may be appropriate to move forward with a lawsuit.
For more information, contact our Houston premises liability lawyers today at 281-283-8500 to schedule a free initial consultation.