Damages You Can Claim in a Slip and Fall Case
In a premises liability lawsuit, you can request economic damages for past and future lost income and noneconomic damages for pain and suffering.
Slip and fall accidents get played for laughs in cartoons, but in real life, it is possible to sustain life-changing injuries if you fall on a slippery or poorly maintained floor or walkway. The law requires business owners to keep the premises of their businesses in a safe enough condition to prevent accidents that could result in business invitees (meaning customers, shoppers, restaurant patrons, and hotel guests) getting injured. This means that you have the right to seek compensation if you were injured in an accident caused by the negligence of a place of business. If you suffered serious injuries in an accidental fall at a retail store, restaurant, or place of recreation, contact the Gwinnett County slip and fall accident lawyers at Zimmerman & Associates.
Georgia Premises Liability Laws
An injured person has the right to file a personal injury lawsuit against the person or company whose negligence caused a preventable accident that resulted in injuries. Lawsuits related to accidents caused by unsafe conditions at a place of business are called premises liability lawsuits. Negligence means failure to uphold the duty of care. In the context of a slip and fall accident at a retail store, the company has a duty of care not to leave recently mopped floors open to pedestrian traffic until they dry and to clean up spills quickly.
When you file a premises liability lawsuit against the place of business where you were injured, you must show that the management knew about the hazard or should have known about the hazard. For example, you might argue that the wet floor was within view of the cashiers or that other employees should have checked the floors frequently enough to clean up spills promptly. You must also show that your injuries are due to a slip and fall accident and not a pre-existing medical condition.
Requesting Damages in a Slip and Fall Lawsuit
The purpose of a premises liability lawsuit is to collect compensatory damages, in other words, damages that place a victim in the position he or she would be in if the injury had never occurred. By placing a dollar amount on the victim’s injuries, compensatory damages seek to restore the victim financially, physically, and emotionally. Compensatory damages are divided into two categories: damages that compensate victims for monetary losses, also known as special damages, and damages that compensate victims for non-monetary losses, also known as general damages.
Compensatory damages for monetary losses (special damages) include:
Medical Expenses. Damages for medical expenses may include the costs of both past and future medical care and rehabilitation. Future costs are calculated by estimating the patients’ medical needs for the rest of his or her life expectancy.
Costs of Living with a Disability. An injury may result in a disability that requires a victim to significantly alter his or her lifestyle. Compensatory damages may cover the costs associated with this change. For example, a damage award may compensate a victim for the costs of renovating a house to make it wheelchair-accessible, or the costs of in-home nursing care or assistance.
Lost Wages. A victim may recover any wages lost while recovering from an injury, as well as any lost earning capacity suffered as a result of an injury.
Compensatory damages for non-monetary damages (general damages) can be difficult to calculate and damage awards may vary significantly between victims. Damages for non-monetary losses include:
Pain and Suffering. Damages for pain and suffering typically include compensation for actual physical pain, as well as compensation for emotional distress. Emotional distress is defined as the frustration, fear, anger, and loss of enjoyment of life associated with suffering from a debilitating injury.
Loss of Consortium. Spouses of personal injury victims may receive damages for the loss of the emotional and intangible elements of marriage, such as loss of affection, solace, comfort, companionship, society, assistance, and sexual relations.
Contact Zimmerman & Associates About Slip and Fall Accidents
An Atlanta slip and fall accident lawyer can help you exercise your rights after a slip and fall accident by negotiating for an insurance settlement or filing a premises liability lawsuit. Contact Zimmerman & Associates in Norcross, Georgia to set up a free consultation.