Receiving injuries from a serious fall caused by tripping or slipping can be painful and lead to expensive consequences. The damages you face from a slip and fall accident often include medical expenses, lost wages from missed work, and pain and suffering damages. These damages and more may be compensated if you file a lawsuit against the property owner that caused your injuries.
For help understanding your rights and the damages you could be entitled to, contact the Upper Darby slip and fall lawyers at Reiff and Bily today. Our personal injury lawyers represent the victims of accidents like slip and fall and trip and fall accidents, and we fight to get them the financial compensation they deserve. To schedule a free legal consultation, contact our law offices today at (215) 274-0072.
Damages for Slip and Fall Accidents
If you were injured in a slip and fall or trip and fall accident, you may be entitled to financial compensation. You may be able to file a lawsuit against the property owner who allowed you to be injured, claiming compensation for things like medical expenses, lost wages, pain and suffering, and other damages.
Medical expenses for a slip and fall injury depend heavily on the injuries you faced. If you broke an arm while bracing yourself for the fall, you could suffer damages for the hospital visit, cast, follow-up appointments, and other related treatment. More serious injuries can result in extremely expensive medical care, especially if you suffered debilitating injuries like back and spine injuries or head and brain injuries.
The damages from lost wages can include wages from work you missed during your recovery and ongoing work you will have to miss because of the injuries. Slip and fall accidents can cause surprisingly severe injuries that can affect both your physical abilities and your cognitive abilities, especially if you hit your head during the fall. This could mean missing work during a long recovery period or having to retire from your previous job altogether. If your injury results in a reduced earning capacity brought on by physical or mental limitations, you could be entitled to damages to cover that reduced earning capacity as well.
Damages for pain and suffering depend partly on the severity of the injury and partly on your subjective experience of that injury. Pain affects people differently, but more serious injuries are commonly considered to have greater levels of pain and suffering. However, each case has unique circumstances, and the pain from the injury might affect your life differently than someone else’s life. These damages are calculated based on the specific effects you face from the injury, such as an inability to perform certain activities and pastimes, as well as the physical pain and other limitations the injury causes you.
Filing a Personal Injury Lawsuit for a Slip and Fall
One of the best ways to maximize your financial compensation after a slip and fall injury is to file a lawsuit against the at-fault party. When you sue for a personal injury, you typically bring your case on a theory of “negligence” rather than basing the lawsuit on a claim that the at-fault party intentionally harmed you. Not only is this a lower legal standard that is easier to prove, but the at-fault party rarely has the intent to harm you, and injuries occur because of avoidable accidents.
The basis of a negligence lawsuit is that the at-fault party should have done something to prevent the injury, but they failed to do so. Typically, in a slip and fall case, the at-fault property owner breaches a duty to do one of the following:
- Clean up spills
- Repair uneven or cracked walking surfaces
- Clear snow or ice from a sidewalk
- Tape-down or warn of loose cables
- Clear debris and tripping hazards
- Adequately light stairwells and walkways
If the owner or tenant of a piece of property fails to do these things, they could be held responsible for the injuries you faced. However, you must prove that these defects and errors caused your injuries; if the injury would have occurred without the negligence, then you may not be entitled to damages.
To receive compensation, you must also prove the damages you faced. Things like medical bills, pay stubs, and your testimony can help prove the damages you faced.
Many times, the property owner will have homeowners insurance or other liability insurance that can cover your injuries. Always be cautious when insurance companies are involved; do not accept any payments or settlements without consulting a lawyer. These settlement offers or insurance payments may be too low to cover your needs fully, and accepting any payments may block your right to file a lawsuit. Talk to an attorney first to understand what your case might be worth.
Upper Darby Slip and Fall Injury Lawyers Offering Free Legal Consultations
If you or a loved one was hurt in a slip and fall or trip and fall accident, contact Reiff and Bily today. Our Upper Darby slip and fall injury attorneys offer free legal consultations to help injury victims and their families understand what their case is worth. To schedule your free consultation, call our law offices today at (215) 274-0072.