Knowing what damages you might be entitled to is crucial to bringing a premises liability claim or lawsuit. Generally, you will need to show that the at-fault party had a duty to maintain the property and that they failed in this duty. It is often referred to as demonstrating negligence in a premises liability case.
Lost Wages
Everyone cares for people who enter their property, from neighbors to big companies. If they fail in this duty, a victim can file a premises liability lawsuit to obtain compensation for their damages. These damages cover both past and future medical expenses. They also include the cost of a caretaker or other living expenses if the injury causes a change in the victim’s life.
Non-economic damages include emotional trauma, loss of enjoyment, physical pain and mental anguish. It includes expenses for treatment for anxiety, depression, PTSD and other psychological injuries caused by the accident. Bringing a successful premises liability claim is complicated because of the amount of information that needs to be presented to the jury during trial.
An effective attorney will help the jury make sense of all the evidence using visual aids and oral arguments. Always hire the law firm near you with a track record of winning premises liability matters in court.
Pain and Suffering
Non-economic damages, such as pain and suffering, indicate the psychological effects of an accident. These can be difficult to calculate, but they are an important part of a case and must be considered. Physical injuries also result in mental anguish that can have a lasting effect on your quality of life.
It can include expenses to treat anxiety, depression, post-traumatic stress disorder (PTSD), or other psychological or emotional injuries caused by the accident. It can also include costs associated with recurring medical treatment due to your injury. You must show that your injuries have harmed your life to receive pain and suffering damages.
Your attorney can help you establish causation and prove the impact of your injuries. It can include documentation, expert testimony, photographs, your testimony, and more.
Loss of Future Earnings
Injuries resulting from premises liability accidents can be devastating. Victims must cope with their injuries’ physical, financial and emotional impacts. They may have to pay for expensive medical bills, miss work and spend time in a rehabilitation facility.
If they suffer severe injuries like spinal cord damage or a traumatic brain injury, they might also need help to take care of the home, look after the kids, and pay for long-term healthcare costs. Economic damages can be objectively verified with documentation and supported by expert testimony. Non-economic damages like suffering and loss of pleasure are more difficult to demonstrate.
Victims must demonstrate that their losses stemmed from the defendant’s negligence. It will often depend on their legal status on the property at the time of the accident, such as whether they were an invitee, a licensee or a trespasser. Seek a qualified personal injury lawyer for advice on what damages you can claim and how best to prove them to a jury.
Medical Expenses
The evidence in the case and the personal injury statutes of the victim’s state of residence determine the damages a victim can seek for their injuries in a premises liability lawsuit. Damages can include the following: Medical expenses are a common compensation element in premises liability cases, including emergency transportation and treatment, ongoing care, prescription medications, surgeries, and assistive devices like wheelchairs and walkers.
Non-economic damages for pain and suffering are also available. They could include costs for loss of enjoyment of life, disfigurement, anxiety and depression, post-traumatic stress disorder (PTSD), and spousal claims for loss of consortium. The victim must demonstrate that the defendant breached their duty under the law to maintain the property safely to establish a premises liability claim. Their failure must have caused the accident and resulted in an injury that could have been prevented if they had fulfilled their obligations.
