Slip and fall accidents can occur almost anywhere, but some are more serious than others. They can result in injuries ranging from moderate to severe with the potential for long-lasting effects. When your fall occurs due to someone else’s negligence, you may be able to recover civil damages from the responsible party for their failure to mitigate or warn against the hazardous condition that caused your fall. In that case, what could you recover? Our experienced personal injury attorneys in San Diego are here to answer that question for you.
First Things First: Are You Eligible for Damages?
Determining whether you have a case is always the first step; otherwise, you would simply be pursuing an invalid claim. Not all slips and falls rise to the level of negligence. You’ll have to show that a property owner knew or should have known that there was a potentially dangerous situation on their property and that they did not take steps to correct the issue.
Such issues could include unmitigated spills, failure to indicate hazards around construction zones, broken hand railings, and other similar conditions. A discussion with a trusted personal injury attorney about the facts of your case, including any evidence you gathered at the scene of the accident, can reveal whether you have a claim worth pursuing. Likewise, documenting your medical situation following the accident is key. All this information will influence the type of damages you may recover.
The Types of Damages You Might Be Able to Recover
In most personal injury suits, there are two types of damages: compensatory and punitive. Compensatory damages seek to compensate you for the losses you incurred due to an injury determined as someone else’s fault. Punitive damages seek to financially deter the at-fault party from committing future wrongs. How do these categories apply to slip and fall cases?
In most cases, you would seek compensatory damages if a fall injured you. Such damages may include, but aren’t wholly limited to, the medical bills you incurred following the injury; wages lost as a result of an inability to work due to injury; money to make up for lost earning capacity caused by reduced physical capabilities; and potentially pain and suffering. Your lawyer will help you understand what types of compensatory damages you should pursue to try for a better outcome in your case.
It’s rare for a court to award punitive damages in a slip and fall case. Usually, the negligence does not rise to the level of such a serious breach of care that a court finds punitive action appropriate. It would be best if you stuck to pursuing claims for compensation that relate to expenses you incurred.
It is also possible that your case may not reach this stage. Your attorney may be able to reach a settlement agreement with the at-fault party that foregoes a courtroom trial in exchange for immediate payment.
Related post: Knowing Your Rights After a Slip and Fall Accident
Finding Legal Help to Pursue Your Options Today
Calculating compensatory damages such as lost earning capacity is a complex and challenging undertaking that requires attention to detail. At HHJ Trial Attorneys, our highly experienced team of courtroom lawyers and personal injury litigators have all the skills necessary to guide you through these processes. We understand the challenges facing your life right now, and we provide a friendly, compassionate service designed to give you the best chance of a better outcome.
To speak to our slip and fall attorneys in San Diego about the facts of your situation, please schedule a free consultation with our offices today.
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