Types of Compensation in a Successful Slip and Fall Claim
April 29, 2024 Posted In Premises Liability
Slip and fall accidents can lead to serious injuries and significant financial and personal losses for victims. When pursuing a slip and fall claim, here are some common types of compensation that may be awarded.
Compensatory Damages
Compensatory damages compensate you for your current and future losses. Within compensatory damages, there are two categories: economic and non-economic damages. Those consist of the following:
Economic Damages
Compensation for actual financial losses, such as:
- Medical bills: emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, etc.
- In-home medical care
- Nursing home or rehabilitation costs
- Medical treatment
- Property repair or replacement (e.g., any personal belongings damaged in the fall)
- Lost wages from missed work
- Diminished earning capacity (if you are no longer able to work at the same level as before the accident)
Non-Economic Damages
Compensation for subjective losses. For instance:
- Physical pain, emotional distress, and mental anguish
- Loss of enjoyment of life
- Loss of opportunity
- Loss of consortium
- Physical impairment (e.g., disability, loss of a limb)
- Disfigurement
- Unjust hardship
Punitive Damages
The second type of damages available in some slip and fall cases is punitive damages. Punitive damages are a form of punishment and are also meant to deter others from similar harmful acts in the future. However, this type of compensation is rarely awarded. It is reserved for cases involving defendants (at-fault parties) who acted maliciously or egregiously.
How Much Is My Slip and Fall Claim Worth?
The amount of compensation you can receive in a successful slip and fall claim depends on various factors, including the following:
Liability and Strength of the Case
Liability is the legal term for fault. If there is strong evidence to support that another party is liable, the value of your claim can dramatically increase. In contrast, your case’s worth can be reduced if there is evidence that you were partially or entirely to blame. California courts follow the rule of pure comparative negligence, which means you can still recover compensation if you contributed to your slip and fall, but your percentage of fault will reduce the amount you recover. For instance, if you are awarded $100,000 and found 20% to blame, you will receive 80% of your award or $80,000.
Extent of Damages
The severity of your injuries and other losses will directly impact your claim’s worth. Various factors will be taken into account—for example, whether your injuries are permanent, the amount of lost wages, whether you will be able to return to work, whether your injuries cause restrictions on daily life activities, and more. The more severe your injuries and their negative impact on your daily life, the more compensation you are entitled to.
Insurance Policy Limits
The compensation you can recover will often be capped by the defendant’s insurance policy limits. If your damages exceed the liable party’s insurance coverage, the insurance company is not obligated to pay the difference.
Speak To an Attorney Today
If you have been involved in a slip and fall accident, contact an experienced Beaumont slip and fall attorney. They can help ensure you recover the compensation you deserve.