Getting hurt on someone else’s property can be a life-altering premises liability case. The most common type of these is the slip and fall accident, where a person slips or trips and is then injured when they twist and/or fall to the ground. Sometimes this happens when a floor is wet, the surface is uneven, or there is some other unmarked obstruction that creates a hazard.
No matter what the cause of the accident, if you were injured on someone else’s property you should speak to a personal injury attorney to learn if you can make a claim for damages. Now determining how much a slip and fall case is worth depends on a variety of factors, which your personal injury attorney can thoroughly outline when you meet.
Factors That Determine Slip and Fall Damages
Slip and fall cases have become more common, with the Centers for Disease Control reporting as many as 1 million Americans suffering from some form of slip and fall accident each year. Of those, up to 30% end up with moderate to severe injuries. If your slip and fall accident was due to the carelessness or negligence of another party, you may be entitled to claim different types of damages that include:
- Medical Expenses. Your damages will involve the cost of both past and future medical care related to your injuries. These expenses might consist of doctor’s visits, medication, surgeries, tests, hospital stays physical therapy, home healthcare, and any assistive devices.
- Lost Income. When you’ve been injured, you may lose time from work, and you should be able to claim those lost wages as damages. Sometimes, the injury is severe enough that you can’t return to your job so those damages will include a figure for future wages as well.
- Pain and Suffering. Suffering any type of serious injury can have lasting physical and emotional effects. The physical pain associated with injuries could lead to depression and other emotional issues. These non-economic damages are designed to provide financial compensation for the emotional anguish and physical suffering associated with an injury.
- Punitive Damages. Punitive damages are meant as “punishment” to the negligent party and are only available in certain cases. In an Alabama personal injury case, the plaintiff must show that the defendant acted with malice, gross negligence, or the “willful, wanton or reckless disregard” for other’s safety to claim punitive damages.
- Loss of Consortium. When you’ve been injured, your spouse may suffer as well and has the right to file a separate claim for loss of consortium. Specifically, these damages would reflect the loss of caring, companionship, and services due to your injuries.
The amounts associated with each of these damages varies depending on the circumstances of the case. In some instances, expert witnesses may be used to help prove damages in a personal injury case.
Were You Partially at Fault in the Accident?
Every state has different rules regarding liability, and some will bar a plaintiff from collecting damages in a lawsuit if the injured party was at all at fault for the accident. Unfortunately, Alabama is a “contributory negligence” state, which means that if the other party can prove that you contributed to the accident in any way, you may not be able to collect damages.
How Much Money Is Available For Settlement?
In the end, it might be difficult to collect a multi-million dollar settlement for a slip and fall case if the parties responsible don’t have access to those funds. The responsible party’s liability insurance coverage plays a factor in how much you may be able to collect in a lawsuit. In some cases, there may be more than one party responsible for a loss, which allows your personal injury attorney to pursue recovery from multiple sources.
Work With a Qualified Alabama Personal Injury Attorney
Hopefully you have some idea about the process, but no one will be able to tell you exactly what your slip and fall case is worth until all of the facts have been investigated and some time has passed so that you can heal. When you work with an experienced Alabama personal injury attorney, they will work on establishing liability, ensuring that your rights are protected, and pursuing the parties responsible for fair and just compensation. Contact Alsobrook Jackson, Attorneys at Law today at 334.737.3718 or online for a free consultation to discuss your case.