Every year, thousands of premises liability cases are filed in Austin and Texas. Most of these cases revolve around slip-and-fall accidents. When someone is injured on another person’s property, they can file a premises liability claim to seek compensation.
However, many plaintiffs focus on immediate medical bills and lost wages and end up overlooking some important losses. Failing to account for all the losses can lead to lower settlements. That is why it is important to consult an Austin premises liability lawyer to ensure you include all the damages in your claim.
In this article, we will talk about the commonly missed economic, non-economic, and other special damages plaintiffs often forget to include in their claims.
Overlooked Economic Losses
1. Future Medical Expenses
Many plaintiffs often focus on the immediate medical costs. However, some injuries, especially serious ones, may require ongoing treatment like physical therapy, rehabilitation, and future surgeries. This is accompanied by long-term medications. If these costs are left out in the claim, victims may end up paying out-of-pocket for the medical bills even after the case is settled.
2. Lost or Reduced Earning Capacity
This is different from lost wages. Lost earning capacity focuses on the long-term financial impact of the reduced ability to work due to an injury.
For example, if you work a job that requires you to be on your feet for hours, multiple fractures may make this impossible. You will be forced to opt for a less demanding job, which might be paying less. In such a case, you may be entitled to lost earning potential.
3. Out-of-Pocket Expenses
There are some out-of-pocket expenses that most plaintiffs do not track but are related to the injuries. These include the transport costs victims incur when going for medical appointments. Another example is home modifications costs like adding ramps for wheelchairs and handrails.
Assistive devices like crutches and hearing aids also fall under this category. These expenses quickly add up over time; hence, they should be included in the claim.
Missed Non-Economic Losses
1. Loss of Enjoyment
Some injuries prevent plaintiffs from doing activities they once loved. For instance, permanent disabilities may make it difficult to play your favorite sports, travel, or even exercise with the same intensity you used to. This loss can significantly affect your well-being and should always be included in your claim.
2. Emotional and Psychological Trauma
Serious injuries and life-threatening situations can cause long-term emotional distress. Let’s say you slipped and fell into a deep hole on someone’s property. This can cause anxiety, nightmares, new phobias, and PTSD. Seeking compensation for therapy is very necessary but sadly overlooked.
3. Loss of Consortium
If an injury affects the relationship between a plaintiff and their spouse or family, they may be entitled to loss of consortium damages. This includes compensation for loss of companionship, affection, intimacy, and other intangible benefits you normally get in a marriage.
Conclusion
When filing a premises liability claim, it is important to account for all the possible losses. To avoid missing out on any compensation, consult an attorney who will help you explore all your legal options and the damages you can claim.