What Damages Can I Recover in a Slip and Fall Case?

You could recover monetary damages after an accidental fall for medical expenses, lost wages, pain and suffering, and more. Your damages will depend on the extent of your injuries and how long it takes you to recover and return to work. They could also vary based on the physical and emotional toll your injuries took on you, your recovery, and your lifestyle.

A Lakeland premises liability attorney can review your case in detail, usually at no cost to you. Your attorney can explain what damages you might recover in a slip and fall case, as well as any personal injury and insurance laws that will impact the timing of your case.

Economic Damages for Victims of Slip and Fall Accidents

To understand what your case may be worth, we need to define what damages you can claim. Damages are typically broken down into two groups: economic and non-economic. 

Economic damages are tangible and easily proven with readily available documentation, such as medical bills, medication receipts, rehab and therapy bills, and other supporting records and paperwork.

Compensation for these damages is designed to make you whole—in other words, to avoid you incurring out-of-pocket costs for an accident that someone else caused.

Medical Bills Related to Your Slip and Fall Injuries

An accidental fall can result in serious injuries, including broken bones and head injuries. These injuries often result in the following treatment-related expenses:

• Ambulance transportation
• Emergency treatment
• Hospitalization 
• Surgical procedures
• Long-term rehab and therapy

Medical expenses may include assistive devices—such as casts, canes, crutches, and wheelchairs—and other hidden costs. They may also include over-the-counter and prescribed medications, the costs of traveling to and from medical appointments, and more. 

Income Loss While You Recover From a Slip and Fall Accident

Severe injuries can prevent you from working while you are being treated. An extensive healing period can also create a significant loss of income. These losses are recoverable, including full-time, part-time, and business income. You can also recover damages for income that is harder to prove, such as freelance, consultancy, or gig work.

Non-Economic Damages for Victims of Slip and Fall Accidents

Non-economic damages are intangible and much harder to quantify on your own. However, the effects of these damages can still be documented. For example, a lawyer can obtain a written prognosis that details the medical care you will require after your case is settled. 

This step not only helps you avoid out-of-pocket medical costs but can also describe potential future pain and suffering. This is especially important as settlement agreements are final, and you will not be able to request additional compensation later.

Disabling and Disfiguring Injuries From a Slip and Fall Accident

An accidental fall can leave you with short-term or long-term physical disabilities or disfigurement. You can recover compensation for facial disfigurement and other injuries that alter your appearance, such as burns, nerve damage, or loss of teeth. You are entitled to monetary damages for these changes and the costs of appropriate restorations.

Pain and Suffering After an Accidental Fall

A fall can leave psychological scars as certainly as it can leave physical ones. Your lawyer will explain the monetary value of your physical pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life. They will also explain how they typically assess these costs, including taking a statement from you about the impact of your injuries on your life.

Slip and Fall Wrongful Death Damages 

Falls are dangerous events that can lead to life-threatening injuries. If an accidental fall led to a fatality in your family, you could recover wrongful death damages. Examples include your loved one’s funeral and burial expenses, your loss of their income and household services, and more.

Certain family members can recover damages for loss of consortium, companionship, society, and parental guidance and support. Your lawyer will explain who can file a wrongful death action and which family members can recover the resulting financial award.

Evidence That Proves Your Slip and Fall Accident Was Caused by Negligence

To recover damages from the person or property owner responsible for your fall, you must prove the four elements of negligence: duty of care, breach of duty, causation, and damages. Your lawyer will work to build a case file that contains evidence of the at-fault party’s negligence, such as:

• Pictures of the location of your fall
• Pictures of the substance or object that caused your fall
• Witness statements
• Medical bills that document your injuries and their cause

Your lawyer can then use the amassed evidence to show the at-fault party had a responsibility for your safety but failed to maintain safe conditions. These unsafe conditions led to your accident and the injuries you sustained. 

Your lawyer will likely use this argument and evidence to steer your case toward a settlement and avoid a potentially lengthy trial. Most slip and fall accident cases are resolved this way, depending on the available evidence.

Evidence That Proves the Financial Value of Your Slip and Fall Accident

The compensation you demand from the at-fault party should be well-documented, including any medical, rehab, and therapy bills related to your case. Collecting these records from every medical professional and facility where you were treated can be time-consuming. 

You will also need tax records, timesheets, and other proof of income you could not earn due to your injuries and recovery. A lawyer can handle this daunting task for you, so you can focus on getting better. 

Get Help Recovering Damages in Your Slip and Fall Case

If you or someone you love was injured in a fall caused by someone else’s negligence, the team at Dismuke Law is ready to build a strong compensation case on your behalf. Our personal injury attorneys will explain what damages you can recover in a slip and fall case, carefully document the available evidence, and then take on the insurance company for you.

To get started, contact Dismuke Law today for a free, confidential consultation.