If you’ve been involved in a premises liability accident, Thomas J. Henry Law may bring expert witnesses to help prove fault, liability, and damages. These include:

• Premises Maintenance Experts
• Structural Engineers
• Slip Resistance Testing Experts

If you or a loved one were injured on someone’s property and believe your injury was the result of the property owner’s failure to provide reasonable protection, following these steps may help build your product liability case.

• Seek medical attention for your injuries
  
• Ensure that you or loved ones’ well being is taken care of before taking any other actions
  
• Report the incident to the owner or manager of the property
  
• Make sure to get a copy of the incident report
  
• Take pictures of the area where the accident happened
  
• Photos with a date and time are important, because evidence could be removed
  
• Get names and phone numbers of any people who witnessed the accident
  
• Witnesses will help prove your story in the future
  
• Call an experienced injury attorney

Thomas J. Henry Injury Attorneys has the experience and resources necessary to retrieve the compensation you deserve for your injuries

In most situations, a property owner owes a general duty of care toward those injured on his property. How far this duty of care extends is dependent on the relationship between the property owner and the injured person. In most premises liability cases, plaintiffs will fall into one of three categories:

• Licensee: A licensee is a visitor whom the property owner permits expressly or implicitly to be on his property without a contractual relationship or trade of benefits. A houseguest is normally considered a licensee.
• Invitee: An invitee is an individual who visits a property for a reason that benefits both the visitor and the property owner. A common example of an invitee is a shopper visiting a grocery store. In this instance, the shopper benefits from getting groceries and the store benefits from the shopper spending their money. A residential example of an invitee would include a contractor hired by a homeowner to complete repairs on a property. While a transfer of money is common in invitee situations, it is not required.
• Trespasser: A trespasser is a visitor who comes onto a property without permission of the property owner.

When you win your Texas personal injury case, there is a multitude of damages you can recover depending on the facts of your case. From past and future medical expenses to lost wages to pain and suffering, a jury will look at the facts of your case to determine exactly what types of compensation you are entitled to.

Among the most common damages recovered in personal injury lawsuits are:

Lost wages – You may be entitled to compensation for the impact an accident or injury has had on your salary or wages. This includes wages lost due to time spent in the hospital, rehabilitation, or the loss of a job due to disability.

Loss of earning capacity – Similar to lost wages, loss of earning capacity seeks to recover income that has been lost due to an accident or injury; however, whereas lost wages is focused on salary or wages that have already been lost, loss of earning capacity seeks damages based on future income.

Medical treatment – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future.

Property loss – If any of your property was damaged or lost as a result of a personal injury accident, your attorney will seek reimbursement for repairs or compensation based on the fair market value of any property that was lost.

Pain and suffering – If your injury has resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced when an injury was caused, pain experienced immediately after an injury was caused, and any ongoing pain that can be attributed to the injury or accident.

Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
Emotional distress – Not all injuries are physical. If your accident or injury has had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.

Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.

Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.

By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.

If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.