A slip-and-fall accident can alter the life of an unexpected victim in an instant. While going about the daily routine, a person may slip and fall on a recently mopped floor or an uneven sidewalk, left suffering with excruciating pain, costly hospital bills, and diminished earning capacity.
According to the Centers for Disease Control and Prevention (CDC), over 800,000 patients are hospitalized for fall injuries each year. If this has recently happened to you or your loved one, you may be wondering what damages you could be entitled to receive. How should you go about pursuing a slip and fall settlement?
Proving Damages in a Slip and Fall Case
Slip-and-fall accidents come under the law of premises liability, which states that a property owner is legally responsible for ensuring a reasonably safe environment for all potential visitors.
Failure to correct potentially hazardous conditions in a timely manner or to warn visitors could cause a property owner to be liable for any injuries that may result. Premises liability law applies to all residential and commercial properties.
In order to receive compensation for damages, it must be proven that the property owner was negligent regarding potential hazards.
Evidence to prove negligence in slip-and-fall accidents can come from:
- Photographs of the accident scene
- Eyewitness testimony, or;
- Surveillance cameras
Further, it must be proven that the fall injuries sustained by the victim merit compensation. Due to the complexity of the process, the assistance of an experienced lawyer is vital in obtaining evidence and proving negligence in slip and fall cases.
Economic Damages You May Be Entitled to Receive in a Slip and Fall Case
In personal injury cases, such as slip-and-falls, damages refer to monetary compensation paid to the injured party for his or her loss. The intent is to make the person whole again.
The damages sought are divided into two categories: economic and non-economic. The following are some of the common types of economic damages sought in slip-and-fall accident cases.
Medical costs
Any expenses incurred for the treatment of injuries resulting from the fall accident are considered medical costs for which compensation can be sought. Expenses may include bills for ambulance transportation, emergency room treatment, x-ray tests, lab work, surgeries, prescription medicines, and others.
Any future medical bills for long-term medical treatment for the slip-and-fall-related injury would also be included. Physical therapy, crutches or wheelchairs, chiropractic services, and even nursing home care are all types of long-term treatment for fall-related injuries. Also included are mental health expenses for treating depression and anxiety.
Lost wages
Any income lost from missing days of work due to the treatment of injuries from the slip-and-fall incident would come under lost wages compensation. Income lost for overtime that could have been worked and the value of lost sick leave would also be considered.
Additionally, lost wage damages not only include past and present lost income but also any potential future lost wages as well. Perhaps the injury has left you with a disability that prevents you from performing the type of work that you used to do, thus resulting in a lower-paying position or restricting you to part-time work. If so, the difference in your income could be paid back to you as compensation.
Household renovation and services costs
In some cases, the injuries in a slip-and-fall accident are severe, which may result in renovations having to be made to the victim’s home.
For example:
- Ramps or lifts may need to be installed
- Handrails may need to be installed along a staircase to provide support and stability
- Cabinets and counters may need to be lowered to make them more accessible
- Doorways may be widened to accommodate mobility aids such as wheelchairs or walkers
- Bathroom modifications may be necessary, including the installation of grab bars near the toilet and shower
- Installing a lift or elevator for multi-level homes might be needed
- Home automation systems for easier control of lights, temperature, and security features may be required
It may be possible to receive compensation for the cost of hired assistance to perform chores and tasks that were previously performed by the victim prior to the accident. These expenses may be for cleaning services, childcare, dog walking, or lawn care.
Out-of-pocket incidental expenses
Not to be overlooked are unexpected out-of-pocket costs that result from the slip and fall injury. Expenses for travel to and from medical appointments, parking fees, and other unexpected costs can accumulate quickly in the aftermath of the slip-and-fall accident.
This list, while by no means comprehensive, highlights the fact that economic damages are tangible losses that the victim suffers as a result of the slip-and-fall accident.
Further, while many slip-and-fall accident victims may assume their damages are limited to medical bills and lost income, this list shows that tangible damages in a premises liability case are a lot more extensive.
Non-Economic Damages You May Be Entitled to Receive in a Slip and Fall Case
In addition to damages with a fixed dollar amount, non-tangible damages can also be sought for compensation in a slip and fall case. These are referred to as non-economic damages, the most common of which, among slip and fall cases, include the following:
Pain and suffering
Although the medical expenses for the treatment for injuries sustained in the accident would be covered under economic damages, the actual pain the victim experiences during treatment and beyond would come under pain and suffering damages.
The physical pain resulting from serious injuries such as broken bones and traumatic brain injuries (TBIs) can range from mild to severe. This also causes a great deal of emotional distress.
Disfigurement
Some slip-and-fall accidents result in the victim suffering permanent scarring or disfigurement. When this occurs, the person is left to accept his or her new altered physical appearance, which can drastically diminish self-esteem. Being in social situations may result in the victim suffering anxiety, panic attacks, and depression.
Loss of enjoyment of life
Certain hip and knee injuries that can result from a slip-and-fall accident can be life-changing for the victim. For example, if the victim enjoyed such activities as jogging or riding a bicycle before the fall occurred, it is possible that he or she may no longer be capable of engaging in such activities. This can lead to major depression and loss of interest in life.
Loss of consortium
In some cases, a slip-and-fall accident may have a permanent effect on family relationships. A victim’s child may feel that he or she can no longer enjoy a relationship with the injured parent as before the accident.
Further, the victim and his or her spouse may feel anger and frustration if the resulting injuries have affected sexual intimacy.
Punitive damages
In a slip and fall case of gross negligence or maliciousness on the part of the offender, a judge or jury may award punitive damages to the victim. Different from compensatory damages, which are used to restore what the victim has lost, punitive damages may be awarded to punish the at-fault party and discourage potential future offenders.
Since non-economic damages are intangible losses and punitive damages are specific to each case, these can be more complicated to achieve than economic damages. This is one reason why having the assistance of an experienced slip-and-fall accident lawyer is absolutely the best way to go.
Keep in mind that the law in Arkansas only allows 3 years from the date the fall accident occurred for filing personal injury lawsuits. So it is wise to schedule a free consultation with an experienced attorney as soon as possible.
How the Personal Injury Lawyers of Minton Law Firm Can Assist You
If you have recently been injured in a slip-and-fall accident, remember that you have rights. You should not have to deal with mounting medical bills while suffering physical pain and lost days from work. The lawyers at Minton Law Firm can use their extensive experience with premises liability cases to get you fair compensation for the tangible and intangible damages you suffered due to the slip-and-fall accident.
Speak with one of our attorneys even if you may initially be feeling fine after a fall. In some cases, severe injuries may take weeks or months to manifest themselves. So do not be fooled. If you wait too long to initiate a slip and fall claim, it may become more difficult to prove your injuries were the result of the slip-and-fall accident.
You should not have to suffer for someone else’s negligence. It only makes sense that the person or company whose negligence caused your fall injury should pay for your recovery. However, it is possible that the at-fault party’s insurance company is going to fight to avoid paying you a fair amount of compensation.
If you are looking to maximize the amount you recover for your injuries, the premises liability attorneys at Minton Law Firm can put their years of experience to work for you and get you every penny you deserve.
Contact our personal injury lawyers who serve the areas of Little Rock, Benton, and Conway in Arkansas. Call 855-Xadjuster or online today to get counsel regarding your claim. If we do not recover compensation for you, you do not owe us a dime.
