Property owners have legal obligations to the public, which include keeping their land and buildings safe for authorized visitors and customers. When a property owner fails to keep their premises safe, personal injuries can result. Slip, trip, and fall accidents continue to be one of the most common causes of personal injury. So, what are the damages in premises liability cases?
Compensatory Damages in premises liability cases
A premises liability case is simply a specific type of personal injury case. Personal injury damages are generally intended to make the injured person whole. This means to compensate the injured plaintiff for what was lost as a result of the accident or injury. Typically, this means monetary recovery. It can be difficult to put a dollar amount on all of the loss resulting from an injury, but there are some types of compensatory damages that are relatively easy to quantify.
A damages award for a personal injury claim, including premises liability claims, almost always includes the cost of medical care associated with the injury. This would include reimbursement for treatment you have already received, as well as compensation for the estimated cost of medical care you will likely need in the future.
If the injury had an impact on your ability to work, affecting not just the income you lost recovering from the injuries, but any future income you are no longer able to make as a result of your injuries, you may be entitled to compensation for that income.
Pain and suffering and emotional distress
You may be entitled to compensation for pain and severe discomfort you suffered during the injury, and for any ongoing pain that can be attributed to the slip and fall, for example.
Often linked to more serious injuries, emotional distress damages are sometimes awarded to compensate an injured plaintiff for the psychological impact of the injury. This impact is often demonstrated by fear, anxiety, and sleep loss.
Loss of enjoyment
When injuries resulting from a premises liability incident, prevent you from enjoying your day-to-day life, such as hobbies, exercising, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.
Loss of consortium
In personal injury cases, “loss of consortium” damages are available when injuries have a negative impact on the plaintiff’s relationship with their spouse. For example, the loss of companionship or the inability to maintain a sexual relationship with a spouse, can be the basis for loss of consortium damages. Some states also consider the separate impact injuries have on the relationship between a parent and their child.
If you have questions regarding damages, premises liability claims, or any other personal injury concerns, call the Cottrell Law Office at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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