Slip-and-fall accidents might appear minor, but they often result in grievous injuries, exorbitant medical expenses, and long-term repercussions for the victim. When a slip and fall is caused by unsafe conditions that a property owner has failed to rectify, a victim may file for compensation under a personal injury claim.
The Type of Damages You May Be Able To Recover in a Slip-And-Fall Lawsuit
1. Medical Expenses
Medical expenses are generally the bulk of any slip-and-fall compensation claim. Medical expenses include:
- Costs of emergency room visit and hospital admission.
- Costs of medical consultations and follow-up.
- Costs of surgery or physical therapy.
- Costs of prescription drugs and medical equipment (for example, braces or crutches).
If your injuries require further treatment, you would also be entitled to future medical expenses. Insurance companies usually try to minimize payments for these expenses; hence, a thorough analysis of all medical records is crucial.
2. Lost Wages and Loss of Earning Capacity
An even moderately serious fall could set you up for weeks-or months-long incapacity to work. Within such limits, victims can recover lost income for the time spent out of work on account of the injury and recovery.
On the other hand, if the injury eventually leads to a long-term, permanent disability that affects working ability, damage amounts might be claimed for loss of earning capacity, referring to the difference in amount that could have been earned by the injured party before the accident and the amount he or she can earn after it.
3. Pain and Suffering
Slip and fall victims often suffer severe physical pain with accompanying emotional turmoil and decline in living quality. To seek reimbursement for these non-economic damages is to compensate for injuries that could not be translated into an economic benefit, such as:
- Chronic pain or discomfort
- Mental anguish or anxiety
- Loss of enjoyment of life
- Disfigurement or permanent impairment
Although difficult to quantify, these non-economic damages are of equal weight in the thumb scale of earnings that would have accrued to the injured party.
4. Property Damage
If, during the fall, any of your personal properties, such as eyeglasses, phones, clothing, etc., were damaged, you may also recover for their repair or replacement costs.
5. Punitive Damages (Rare Cases)
Only on rare occasions would such damages be awarded by the court to act as a deterrent against extreme recklessness or intentional misconduct. For example, if a property owner knew about the hazardous condition that caused your injury but chose to ignore it, that would probably be one of the rare instances where such an award could be granted.
This article was written by Alla Tenina. Alla is a top personal injury lawyer in Orange County CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.