What Damages Can Be Recovered In A Slip-And-Fall Injury Claim?
In Florida, people are traditionally compensated for their injuries with money. There are compensatory damages, and depending on the level of negligence, there may be something called gross negligence, which is a more extreme or outrageous version of negligence. Certain circumstances could lead to punitive damages, which are designed to punish the person who created the dangerous condition.
Future damages fall under the category of compensatory damages, and are designed to compensate the injured person for future expenses related to the injury. For example, if the individual has reached maximum medical improvement and will need maintenance care for the rest of their lives, future damages should be awarded in order to cover the cost of that care. If the individual has 30 additional years to live, on average, and if they are going to have to spend $3,000 to $5,000 per year to maintain their current level of health due to the injury, then they should be awarded that amount.
If the injured client had to miss work due to the injury, then we would also seek lost wages damages. In addition, we could seek damages for loss of enjoyment of life, which could include any way in which the injury has negatively impacted their daily life or prevented them from participating in activities that they enjoyed prior to the injury. For instance, the injured client might have enjoyed going to the gym or skiing prior to the accident, and the injury may preclude them from taking part in those activities.
If the injured client is no longer able or qualified to work the same job that they had prior to the accident, then we will determine the amount of lost future earnings and how the injury has impacted their ability to earn a living moving forward. In some cases, we will hire an economist to help determine the amount of lost future earnings, and seek compensation for those damages.
How Is The Worth Of My Slip-And-Fall Injury Claim Calculated In Florida?
A case wherein liability is clear-cut on the part of the property owner is more valuable than a case where liability is in question. Having photographic evidence of the dangerous condition and/or surveillance footage of what occurred can help establish clear liability, and thereby increase the value of the case. If it’s possible that the injured client could have avoided the dangerous condition that led to their injuries, or if liability is otherwise a grey area, then the value of the case will be impacted. To be clear, just because liability is in question does not mean that the claim has no value or validity.
The extent and severity of the injuries is also going to impact the value of the claim. In general, the more serious the injury, the more valuable the claim. This is because both the medical costs and the negative impact on the quality of the injured claimant’s life will be greater when one suffers a severe injury. This does not necessarily mean that lesser injuries preclude a person from filing a claim, or that their claim would not be worth pursuing; the claim just wouldn’t be as valuable as a case involving more serious injuries.
We handle all kinds of injury cases and don’t “discriminate” against certain types of injuries. Any time there is an injury, the injured party will be negatively impacted by it in some way. For instance, a bulging disc in the back is a very real injury that will impact the person’s day-to-day life, so there would certainly be a valid claim.
In dealing with various injuries and degrees of liability, we consider all of these things in order to get a sense of the value of the case, and this is what the other side—including the at-fault party’s insurance company—will be doing as well. There must be an analysis of all aspects of the case, including gaps in treatment versus consistent treatment, the nature of the accident and injuries, and the question of liability.
For more information on Damages Recovered In Slip & Fall Injury Claims, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 today.
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