Feb 1, 2014

Posted by Shanell Calloway in Uncategorized | Comments Off on What influences the award for a slip and fall injury?

What influences the award for a slip and fall injury?

In considering a settlement for a slip and fall accident there are a number of factors that are taken into account. The biggest issue is the conditions under which the victim was injured and whether the circumstances can be considered as negligence on behalf of the owner of the property in question. Once this has been established, damages can be computed and awarded. If the breach of duty was flagrant then the court may award punitive damages on top of special and general damages. Punitive damages are ordered solely as punishment to the responsible individual.

In the pursuit of the suit, the first thing that must be done is to investigate the actual cause of the injury. If the injury was caused by an unsafe condition that the owner of the property was aware of or should have been aware of that is the first indication of liability. Once that has been established the question is, “should the victim been on the property at all?” if the injured party was invited onto the property or the property is a public venue such as a store, then the owner is definitely liable. The only time when liability may be questioned is if the injured party was a trespasser.

Attorneys for personal injury will break the claim down into two different categories; special damages and general damages. Special damages are any and all costs that can be directly associated with the accident, these claims are medical expenses, loss of income during recovery, property damage and pain and suffering. It is more difficult for the court to calculate general damages as they are all based on what might be future losses. General damages can be loss of future income and abstract issues such as loss of personal enjoyment from life.

Punitive damages, if awarded can lead to a much higher award. Courts are more likely to award punitive damages happened on business premises rather than domestic premises. As an example, if a puddle of water is allowed to accumulate directly in front of the door to a business establishment on a rainy day, punitive damages will normally be awarded as the owner or manager should have taken remedial action. If there was a warning sign that made customers aware of the possibility of a wet floor, this could mitigate the award as the owner took steps to make his customers aware of the danger.

If you have been injured in a slip and fall accident you will need attorneys for personal injury to represent your case. In this event, you are welcome to call Levy Law Offices for a free consultation.

 

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