Legal Question in Personal Injury in Texas

Slip and restraunt

I slipped and fell at a restraunt and the accident was minor. I did lose out on work for a few days and my medical bill was small. The insurance is offering me $500 for lost wages and no pain and suffering or any type of money for embarrassment. My question is, can I take the company to small claims court and ask for pain and suffering and what would be a reasonable amount to ask for?


Asked on 10/01/07, 4:28 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Slip and restraunt

You might get more money if you file a small claims court claim or you might lose out on the $500. Go for whatever you can get. Good Luck.

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Answered on 10/01/07, 4:48 pm
Roger Merrill Merrill & Associates

Re: Slip and restraunt

Without knowing more, it is hard to advise you what to ask for on your pain and suffering.

Premise owners almost always argue that the person who fell should have paid better attention so as to help prevent the fall caused by the owners' negligence. Sometimes those arguments work and the plaintiff is either found solely or partially responsible. If you are found more than 50% at fault, you'll get no money and any finding of fault will reduce your award by the percentage of responsibility assigned to you. Pain and suffering is a subjective finding and sometimes when the damages are not too signficant, juries will fail to award $ for pain and suffering or only give a little bit.

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Answered on 10/01/07, 5:49 pm


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