Someone who has been hurt on another person's property can be inclined to ask, "What damages can I receive in premises liability cases?" If you or your loved ones are currently going through this situation, you need to educate yourself about state law and the types of damages to which you may be entitled when filing a lawsuit with the help of a lawyer.
While most premises liability cases will have some similar aspects in common, the specific facets of your case are unique, and this is why you should always discuss your potential compensation types directly with the premises liability lawyer. Where the accident happened, how it happened, and other extenuating factors can all contribute to whether or not you are eligible to file a lawsuit in the first place and the kinds of damages to which you may be entitled.
Common Premises Liability Compensation Types
The type of compensation you are entitled to in a premises liability lawsuit is broken down into a few different categories. It depends also on the severity of your injuries and the lifelong or upcoming expenses that you might have as a result of this injury. When you can show that another party was negligent and irresponsible in protecting you from an injury on their property, this information can be used to file a premises liability lawsuit.
The specific circumstances of your case should be discussed with a premises liability lawyer to learn more about your rights and your responsibilities. It is only when working with a lawyer to determine the answer to “what damages can I receive in a premises liability lawsuit” that you will better be able to understand the full scope of your claim and your case type.
The first type of damages you could be entitled to are lost wages. These include both previous and future lost wages that you will lose because you are off work recovering from your injuries. And this includes much more than just the amount that you would receive in your paycheck. You can also ask for benefits, bonuses, commissions, or promotions that you lost as a result of being unable to go to work.
Another important issue to take into account with your premises liability lawyer, is whether or not you have had to pivot your career entirely because you have become disabled due to your injuries. You might also be entitled to further compensation due to your lost earning capacity. All of these complex issues can be illustrated with evidence about your lost wages and should only be handled by a dedicated and knowledgeable attorney so that you have the best possible chance of presenting a compelling case in court. You deserve to have the support of an attorney who has been there before and who has helped other people navigate during this difficult situation.
Another type of expenses for premises liability lawsuits are medical expenses. Because you sustained a serious injury in a premises liability lawsuit due to a dangerous condition or a property owner's failure to warn you about that condition, you might have medical expenses that you have to pay both in the short term and for a longer period. You are entitled to receive compensation for your medications, doctor bills, psychological or medical treatments or physical therapy because of your injuries. Assisted tools at your home, travel expenses to get care modifications to your home and home healthcare can also be included in what you are owed. You want to ensure that you have a clear prospective medical condition now and in the future since this will significantly impact your ability to recover compensation. You want to act as soon as possible in these circumstances so that your lawyer can evaluate your claim and determine the long range impact of your situation.
A lawyer might be able to evaluate your medical records for example, and determine that it will be months or possibly even years before you are fully recovered. Some people will never recover in full from the injuries that they have sustained and this makes it even more important to hire a dedicated premises liability lawyer who will be there to support you through each aspect of your claim. No one should have to go through the situation of dealing with these problems, but the help of a lawyer is an important component of being able to understand what your future looks like. If you already have medical expenses and the bills are piling up and adding stress to your family, you deserve to have these evaluated by a premises liability attorney. You could also be entitled to pain and suffering compensation. This is due to the emotional suffering you have experienced due to the physical pain. This is one of the hardest components to evaluate in a premises liability claim because it is not based on direct expenses and because there will be no receipts or bills to show. Your premises liability attorney will present a clear picture about the damages that you have sustained and how your life has been forever changed. This paves the way for your next step in recovering compensation.
Punitive damages might also apply in your case depending on state law and the specifics of your circumstances. Punitive damages are in place to punish the negligent party when they have engaged in especially egregious or willful neglect. Not every case is entitled to punitive damages, but this could become an important component of your compensation demand. If you are married, your spouse could also be entitled to a form of compensation known as loss of consortium. This is due to the loss of services and companionship suffered due to your injuries.
Finally, if you have lost a loved one as a result of a premises liability accident, the surviving family members might be able to pursue a wrongful death lawsuit. When the victim of a premises liability accident passes away because of their injuries, dependents can file a wrongful death action for medical bills, loss of companionship, funeral expenses, lost wages and more. In some states, caps on damages might apply so you always want to work directly with your attorney.
Why Do I Need a Lawyer?
There is a good chance that if you have been hurt, you want to put this incident behind you as soon as possible. But rushing to find a settlement offer presented by the other side or by an insurance company could block you from getting the important and full benefits to which you are entitled. Since the lawyer has familiarity with the many different kinds of damage compensation available to you, you want to make sure that you have considered every possible aspect of your case before signing any settlement paperwork. You don't want to discover after the fact that you have more substantial medical bills than you expected or that your injury has made it difficult or impossible to go back to work. What seems like enough in a lump sum might turn out to go towards your injury expenses faster than expected, leaving you to suffer when struggling with a full recovery.
Anyone who intends to file a premises liability lawsuit should understand that the state’s statute of limitations is a firm time limit on how long after an accident you have to file a lawsuit before you lose your right to do so. It can be anywhere from two years to several years. But what this means is that if you exceed this time period and fail to file a lawsuit within it, you are ineligible to recover compensation for your injuries. You don't want to wait too long and see whether or not you recover to discover that you are sitting on plenty of medical bills and years of extensive and expensive treatments. Instead, you want to retain the services of an attorney immediately, even if you do not file right away for lawsuit benefits.
To learn more about this process, contact the experts at Morgan & Morgan for a free case evaluation. If you want to know “what damages can I receive in premises liability cases,” you owe it to yourself to consult with an experienced representative about those very concerns.