ESPANOLTo prove damages for a slip and fall claim, you must show that the property owner was negligent in that:
- They were to provide you with a legal duty of care.
- They breached that legal duty.
- This breach caused you to slip and fall.
- You were injured and suffered other losses as a result of the incident.
You may use video footage, witness statements, the incident report, and other forms of evidence to support your claims.
Proving Negligence Is Essential to Your Slip and Fall Claim
Without negligence, which is the central aspect of most personal injury cases, your claim will be invalid. To recover damages, you must prove that the other party acted carelessly or negligently.
This task requires you to demonstrate the following four elements:
The Other Party Owed You a Legal Duty of Care
All property owners and managers are to ensure that their premises is free of hazards. If one comes about, then they must address it right away. If that’s not possible, they must warn their patrons to help them avoid said danger.
The Other Party Neglected Their Duty of Care
This stage is where negligence comes into play. Here, the property owner or manager didn’t uphold their duty of care and allowed one of the hazards to remain on the property.
These dangers may have been:
- Loose floorboards
- Wet or uneven surfaces
- Torn carpeting
- Poor lighting
- Cluttered hallways
- Potholes
- Defective staircases
If the other party didn’t warn anyone about these hazards or block off the area, these inactions may also be considered a breach of duty of care.
This Negligence Caused You to Slip and Fall
As a result of this negligence, you slipped, fell, and got hurt. According to theCenters for Disease Control and Prevention (CDC), common types of injuries slip and fall victims suffer include:
- Traumatic brain injuries (TBI)
- Head injuries
- Fractures to the wrist, hip, arm, and ankle
You Have Sustained Various Damages From the Slip and Fall
You must show that your injuries have led you to endure emotional, physical, and financial hardship. Forms of evidence you can use to prove your losses include:
- Security footage
- Photographs of the incident scene and your injuries
- Your medical records
- Maintenance records
- Witness statements
- The incident report
Your testimony matters, too. Write down everything you remember from the accident and what its aftermath has been like for you.
Damages You Can Recover In a Slip and Fall Claim
If you’ve been injured on someone else’s property, you can seek compensation for your injuries and other damages, including:
Past and Future Medical Bills
Medical bills following a slip and fall accident can be expensive. When you file your case, you can request reimbursement for:
- Mobility aids
- Diagnostic assessments
- Pain medications
- Surgeries
- Hospital stays
- Emergency care
You can also claim damages for follow-up care if your physician deemed it necessary.
Pain and Suffering
The injuries stemming from a slip and fall can take a toll on your quality of life. With that, you can pursue pain and suffering compensation to account for the distress and discomfort you’ve had to endure.
This loss is intangible, so it can be difficult to put an exact price on it. However, a lawyer can review your medical records, speak to your doctors, and look at other factors to determine this value.
Past Lost Wages and Future Loss of Earning Capacity
Your injuries may keep you from working. If you can’t earn your regular wages, you can recover your:
- Bonuses
- Promotions
- Hourly pay
- Salary
- Tips
- Employee benefits
- Vacation time
- Business opportunities
If your injuries keep you from going back to work full-time or part-time, you may qualify for future loss of earning capacity compensation.
Wrongful Death Damages If You Lost Your Loved One
Sometimes, slip and fall accident injuries can be fatal. If you lost your loved one to the incident, you may qualify to recover damages for funeral and burial costs, final healthcare bills, loss of income or inheritance, or loss of consortium.
Get Help With Your Slip and Fall Claim With George Sink, P.A. Injury Lawyers
Trying to prove damages for a slip and fall claim on your own can be a daunting task, so consider enlisting George Sink, P.A. Injury Lawyers’ help before going any further. Our personal injury lawyers can assist you with gathering and evaluating evidence, proving the other party’s negligence, and negotiating the compensation you need to move forward.
Contact us today at (843) 779-1777 for a free case review. We offer our services on contingency*, so we won’t ask for any attorney’s fees unless and until we recover your damages.