If you are successful in a premises liability lawsuit, you may be able to recover a variety of damages. These damages can include medical expenses, lost wages, pain and suffering, and more. The amount of damages you are entitled to will depend on the severity of your injuries.
The basic points of calculation of damages in a premises liability lawsuit are as follows:
- The court will look at the severity of your injuries and how long it will take you to recover from them
- The court will look at your past and future medical expenses
- The court will look at your past and future lost wages
- The court will look at the pain and suffering you have endured and will continue to endure
- The court will look at any other damages that are relevant to your case
The most difficult part to calculate in a premises liability lawsuit is pain and suffering. This is because there is no set formula to calculate it. The court will look at a variety of factors to determine the amount of pain and suffering damages you are entitled to.
Every case is different and the amount of damages you are entitled to will depend on the specific facts of your case. The state laws will also play a role in the amount of damages you are entitled to. In some states, there may be limits on the amount of damages you can recover.
There is also contributory negligence to take into consideration. In some states, if you are found to be partially at fault for the accident, your damages will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.
How Does The Court Decide Who Is At Fault?
The proportion of responsibility for an accident and evidence to back up causation are used to determine liability in a slip and fall case. In order to decide whether the property owner or occupier is at fault, the court will look at a few factors. These factors include:
- What is the relationship between the property owner and the visitor?
- How often does the property owner make an effort to keep his property clean and safe?
- How long has the dangerous situation persisted, and did the premise owner have time to learn about the situation and take steps to remove the danger?
- If the owner of the property tried to handle the situation, were his actions sufficient, reasonable and appropriate?
How Can A Personal Injury Lawyer Help You?
A lawyer can help you in a variety of ways. A lawyer can help you gather evidence, build a strong case, negotiate with the insurance company, and more.
It is best when considering a premises liability lawsuit to speak with a lawyer as soon as possible. This is because there are deadlines, called statutes of limitations, that dictate how long you have to file a lawsuit. If you do not file your lawsuit within the statute of limitations, you will be barred from bringing a claim.
Not all lawyers will take premises liability cases. Personal injury includes a wide range of cases, such as car accidents, medical malpractice, and more. Many lawyers will focus on one specific area of personal injury.
It is important that you find a lawyer who has experience handling these types of cases. A lawyer who has experience handling premises liability cases will know the ins and outs of these types of cases and will be able to better help you.