Slip and Fall Compensation in Texas: What Is Recoverable
The categories are the same as any injury claim. Two of them account for most of what goes unclaimed in premises cases, and neither appears on a medical bill.
- 138Google reviews
- 3Attorneys on your case
- 2 yrsTexas filing deadline
- No feeUnless we win
Medical costs, past and future
Past treatment is documented by bills and records. Future medical cost has to be established by medical opinion, and in fall cases it commonly includes hardware removal, revision surgery and the accelerated arthritis that follows a joint injury.
Likelihood is not enough. A future cost is recoverable where a physician will say it is reasonably probable, which is why the treating relationship matters.
Lost income and lost earning capacity
Lost income is wages actually missed, proved with payroll records. Lost earning capacity is the reduction in what you can earn going forward, and it is usually larger.
Wrist, shoulder and hip injuries close whole categories of work. Someone who returns to the same wage can still have lost capacity if the injury has foreclosed physical work or shortened a working life.
Physical pain and mental anguish
Recoverable past and future. There is no multiplier and no formula a Texas court applies.
What moves it is specific evidenced consequence rather than general complaint. Many people who fall also develop a genuine fear of falling again that restricts their movement, which is a real consequence and is recoverable where it is documented rather than merely described.
Physical impairment
A separate category and the most commonly omitted in this silo. It covers lost ability independent of earnings: walking distance, stairs, kneeling, carrying, standing tolerance, sport, and running a household.
For older claimants it can include loss of independence, which is among the most significant consequences of a fall and appears nowhere in a bill.
Disfigurement
Also separate. Surgical scarring counts as much as scarring from the fall itself, and any fixation surgery leaves a permanent mark.
Evidence is photographic and needs building over months as healing progresses. A single image at discharge shows the injury at its worst rather than what it settled into.
Out of pocket and household services
Travel to appointments, prescriptions, mobility aids, and the cost of paying someone to do what the injury prevents. For an older claimant that can extend to paid care.
All recoverable to the extent it can be evidenced, which means keeping receipts as you go rather than reconstructing at the end.
Summary
| Category | Covers | Proved by |
|---|---|---|
| Past medical | Treatment to date | Bills and records |
| Future medical | Hardware removal, revision, arthritis | Medical opinion |
| Lost income | Wages missed | Payroll records |
| Lost earning capacity | Reduction in future earning | Medical and vocational opinion |
| Pain and mental anguish | Past and future, including fear of falling | Evidenced consequence |
| Physical impairment | Lost ability, including independence | Lay and treating evidence |
| Disfigurement | Scarring, including surgical | Photographs over months |
| Household services | Paying for what you cannot do | Receipts |
Keep reading
Texas Premises Liability Lawyer
A property owner is not automatically responsible when someone is hurt on their land.
Practice areaTrampoline Park Injury Claims in Texas
Trampoline parks require a signed waiver before anyone is allowed to jump.
ReadSlip and Fall Claims in Texas
A slip and fall claim in Texas rarely turns on whether the floor was dangerous.
ReadSettlements Without Surgery
Surgery is the single largest variable in a slip and fall claim, so a case that resolves without it is valued on a different basis.
ReadPremises Liability Lawsuits in Texas
Most premises claims settle. Suit becomes necessary when the occupier disputes that it knew about...
ReadWhat To Do After a Slip and Fall
The hazard that caused the fall will be cleaned up within minutes and the footage overwritten within days.
Read
Frequently asked questions
Past and future medical costs, lost income, lost earning capacity, physical pain and mental anguish, physical impairment, disfigurement, and household services. Impairment and disfigurement are separate categories that appear on no invoice.
Yes, as physical impairment, which Texas treats as a category separate from pain and from lost income. For older claimants loss of independence is among the most significant consequences of a fall and is commonly not claimed.
It can be, as mental anguish, where it is documented through treatment rather than only described. Many people who fall develop a genuine fear that restricts their movement, and it is a real consequence.
Yes. Disfigurement is a separate compensable category and surgical scarring counts as much as scarring from the fall itself. Photograph it as healing progresses rather than relying on a hospital image.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
Contingency fee. You pay nothing unless we win.