What Kinds of Damages Can I Seek Following a Slip and Fall Accident?
If you were seriously hurt after slipping and falling on someone else’s property, you’re probably concerned about your financial security. After all, from mounting medical bills to missing weeks on end of work, the damages are probably adding up fast. Thankfully, you may be entitled to compensation for all of them.
If you wouldn’t have gotten hurt but for the owner or occupier’s negligence, you may have grounds for a premises liability claim. Should your claim prove successful, you may be able to recover funds for the following:
1. Health Care Expenses
Virtually all the medical expenses you incur—or expect to incur—over the course of your treatment are recoverable. Examples include ambulance fees, hospital bills, and prescription costs. Expenses associated with home care, ongoing rehabilitation, and medical equipment are also recoverable.
2. Lost Income
You may seek compensation for all the wages you lose while you’re out of work. If your injuries are so severe that you’re unable to return to work at all, you may also pursue funds for lost earning capacity. You’ll likely have to consult economists and industry experts first, however, to determine a reasonable figure for such damages based on inflation and your anticipated career trajectory.
3. Objectively Verifiable Losses
A successful personal injury claim can yield compensation for virtually all expenses the victim incurs as a direct result of the liable party’s negligence. For example, the costs associated with any necessary property repairs, replacement services, home and vehicle modifications, and domestic help are recoverable. In order to include them in the settlement negotiations, though, you’ll have to prove that you did, in fact, incur them.
4. Non-Economic Damages
Florida tort law recognizes the fact that the non-monetary losses injured parties suffer are every bit as devastating as the monetary losses. As such, the state allows for the recovery of non-economic damages, including:
- Loss of enjoyment in life;
- Emotional distress; and
- Pain and suffering.
Additionally, a claimant’s spouse or partner may be entitled to compensation for loss of consortium. This encompasses the loss of love, companionship, and affection that he or she incurs as a result of the injured party’s condition.
5. Punitive Damages
Most premises liability claims do not warrant a punitive award. If the owner or occupier was grossly negligent, however, or intentionally caused the victim harm, he or she may be responsible for punitive damages in addition to the standard compensatory damages that are listed here.
In Florida, punitive awards are typically capped at $500,000, or three times the total value of the compensatory damages, whichever is greater. If the liable party acted with intent to harm, however, there is no such cap.
Discuss Your Case with a Premises Liability Lawyer in West Palm Beach
If you slipped and fell because someone failed to maintain their property to a reasonably safe standard, contact Donaldson & Weston. We’ve helped hundreds of injured parties and their loved ones pursue the funds needed to make their lives whole again. Call 561-299-3999 or fill out our Contact Form to schedule a free consultation with a premises liability attorney in West Palm Beach.