Posted by Prosmushkin & Davis, P.C. on 03/01/2021

Losses and Damages That Can Be Covered Under Slip and Fall Claims

Losses and Damages That Can Be Covered Under Slip and Fall Claims

Mishaps can be unpredictable, and serious accidents can happen without warning. Slips and falls are categorized as accidents. While many falls do not end up causing injuries, others can potentially be fatal. Slips, trips, and falls are leadings causes of emergency room visits and hospitalizations in the United States. Slip and fall accidents can result in broken bones, severe spinal cord injuries, traumatic brain injuries, neck injuries, lacerations, soft-tissue damage, and other types of severe injuries. In some situations, slip and fall accidents can cause internal damage to the victim’s organs. A slip or a fall is not always a result of someone’s negligence or lack of attention to their surroundings. Depending on the circumstances under which the accident occurs, the seriousness of slips and falls can vary widely. In this article, we will explain the types of damages that can potentially be covered by a slip and fall claim.

  • Special damages: These are the types of damages that relate directly to actual losses that a victim suffers as a result of an accident. For example, a victim would seek special damages for severe injuries incurred in a slip or fall. These kinds of damages can include the cost of medical treatments in hospitals and rehabilitation centers. A slip and fall lawyer can also help you make a claim for loss of income under this category. Many people lose their jobs as a result of health issues caused by these types of accidents. The physical injuries and the mental trauma can stay with the sufferer for a long time, which can the person away from their work.

  • General damages: These types of damages do not relate directly to the actual loss, but they help to compensate for a prediction of losses that the victim may suffer as a result of the accident in the future. Accident victims may be able to claim general damages if their health decrease their professional earning potential or make it impossible for them to perform a particular type of household duty following the accident.

  • Punitive damages: These damages are designed to punish parties who are grossly negligent in their causing of an accident. These are only granted in unique cases in which the defendant commits a serious act or demonstrates a complete lacks regard for other people’s safety.

What is the importance of liability in such claims?

The premises liability is a term that is used often in slip and fall claims. Under premises liability, the law allows the victim to hold the property owner responsible for the injuries and the damages that they have sustained while legally on the property. This theory assumes inherent negligence on the part of the property owner, absent additional information. In many cases, slip and fall injuries occur due to defective construction of the property, insufficient lighting, or failure to make necessary repairs.

What do you need to prove in slip and fall claims?

There are a number of things that could strengthen your case. To succeed in a personal injury claim, the claimant is required to demonstrate three key factors of negligence as they relate to the accident and injuries: 

  • Duty: The injury lawyer will have to prove that the defendant had a duty to do ensure the victim’s safety on the premises. You can prove this factor by showing evidence of the damage and the circumstances under which the slip and fall occurred.

  • Liability: The claimant will also have to prove that the defendant failed to take actions toward ensuring that their property was safe or alerting visitors to potential hazards.

  • Fault: The claimant also must prove that the accident caused them to suffer physical injuries.

Slips, trips, and falls — even though they are common occurrences — can drastically change the course of a person’s life. These accidents can cause people to ensure traumatic injuries that require a great deal of money and time to remediate, and sometimes the injuries are permanent or fatal. It is important for people to pursue claims for compensation when another party’s negligence causes them harm.

If you have suffered injuries as a result of a slip, trip, or fall, reach out to a Los Angeles personal injury attorney and learn more about the options available to you with regard to your circumstances. You can seek the compensation that you fairly deserve more easily when you have an experienced legal professional by your side.

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