A number of factors impact the amount of compensation you could potentially receive for your personal injury case. Every personal injury case is unique.
Some elements that could play a role in how much you could get for a fall include:
- The severity of your injuries
- The parties involved
- The willingness of the insurance company to settle
- Whether anybody passed away due to their injuries
- The extent of negligence involved
Your compensation amount could be influenced by other factors that we have not included here.
Monetary Damages for a Slip and Fall Accident
After being injured in a slip and fall accident, you might have economic and noneconomic losses. Economic damages can be measured in dollar amounts because they usually come with a paper trail, like receipts, invoices, or other records. Medical expenses and lost wages are two types of economic losses.
Noneconomic damages do not have a monetary value and cannot be verified with supporting documents. Still, you could recover compensation for these losses.
Here are a few examples of economic and noneconomic damages you could be eligible for:
- Medical bills. You might be able to recover the reasonable cost of the medical treatment you needed for your injuries. These things can include the ambulance, emergency room visits, hospitalization, surgery, doctors, diagnostic procedures, prescription drugs, physical therapy, and other healthcare-related items like crutches or a wheelchair.
- Lost wages. If you did not get paid for the time you missed from work due to your injuries, you might be able to include those losses in your claim. This category can consist of lost income, salary, self-employment, and other forms of regular income, like commissions.
- Long-term care. A person might need to move into a residential care facility if they suffered catastrophic injuries, like spinal cord damage or a traumatic brain injury. This can quickly become expensive.
- Diminished earning capacity. If you experience ongoing impairments after completing your medical treatment, you might not be able to work as many hours or perform the same tasks on the job as you did before. If you have to work fewer hours or take a lower-paying position because of your health condition, this loss can be compensable.
- Pain and suffering. Pain and suffering can sometimes be used as an umbrella term to refer to various types of noneconomic damages. This can include things like disfigurement, chronic depression and anxiety, and reduced quality of life.
A personal injury lawyer might be able to calculate the cost of your economic and noneconomic damages.
Liability for a Slip and Fall Accident
Not every fall is compensable. If you fall on your own property, it is unlikely that you will have a claim against someone else for compensation. However, if you fell on someone else’s property, you would need to prove how their negligence resulted in your injuries and financial losses.
Your legal team will have to prove all of these factors to hold a negligent party responsible for your losses following a slip and fall accident:
- Duty of care. Everybody has a legal obligation to promote the safety of others. In a slip and fall case, you would need to prove that because you were lawfully visiting the property, the property owner had an obligation to make the premises safe.
- Breach of duty of care. Your legal team would need to show that the property owner knew (or should have known) about the hazard that harmed you. For example, if the property owner knew that a chronically leaking roof caused a puddle, but did nothing to address it, this constitutes a breach of duty of care.
- Causation. You must prove that the property owner’s negligence directly resulted in the accident that harmed you. Your legal team might be able to use witness testimony, security camera footage, or other forms of evidence to establish this factor.
- Damages. Earlier, we went into detail regarding the different types of economic and noneconomic damages that could stem from an accident. You must have economic damages for your case to be successful. You cannot expect to recover compensation on the basis of pain and suffering alone.
If you are interested in filing a civil action against a negligent party, consider what a personal injury lawyer may be able to do for you.
Call The Cochran Firm – Nashville For a Free Consultation
The Cochran Firm – Nashville, strives to help people who are hurt due to the carelessness of others. Please do not wait too long to contact us. TN Code § 28-3-104 only grants claimants a year from the date of their accident to file a lawsuit for damages. If you miss the deadline, you could lose the right to recover any compensation.
Call us today at 615-678-6278 for a free, no-obligation consultation.