How Much is My Premises Liability Case Worth?
The value of a premises liability claim can vary dramatically from one case to the next. Before performing the settlement calculations, your Loxahatchee premises liability lawyer will need to conduct a thorough investigation. Below, we’ve listed a few factors that might influence the potential value of your claim:
- What Is Your Prognosis? The type of injury you suffered and its severity will impact the cost of medical care, the amount of time you’ll need to take off work, and how the injury will affect your quality of life. If you suffered a permanent injury, the value of your claim would likely be higher than if you had suffered only a minor injury, and you may be able to pursue compensation for lost enjoyment in life and loss of future earnings. It’s also possible that your spouse will be able to bring a claim for loss of consortium.
- What Types of Treatment Has Your Doctor Recommended? The cost of medical care can vary greatly depending on the types of treatment you undergo. Also, some treatments (such as surgeries) may require you to take a considerable amount of time off work, and the loss of income can add up quickly.
- What Was Your Pre-Injury Income? If you were unable to work after the injury, your Loxahatchee premises liability attorney can include lost income in the settlement calculations. Naturally, your pre-injury income will influence this figure.
- How Many Days of Work Are You Expected to Miss? The number of days you had to miss from work will affect the lost income calculations. If you won’t be able to return to the same profession or return to work at all, you can also seek compensation for loss of future earnings. At Donaldson & Weston, we have extensive experience helping clients seek compensation for loss of future earnings, and we can bring in economic experts to provide testimony if necessary.
- Have You Suffered Scarring or Disfigurement? Non-economic damages such as pain and suffering often account for a significant portion of the financial award in a premises liability case. You may be entitled to pain and suffering damages if you sustained a permanent injury, significant scarring, or disfigurement.
- Were You Partially at Fault for the Accident? You can expect the insurance company to look for reasons to argue that your own negligence contributed to your injury. This is because your financial award can be reduced by your own percentage of fault. For example, if your child was running through the aisles at a grocery store and slipped on a beverage that had spilled several hours beforehand, the business establishment may be held only partially liable.
- What Miscellaneous Costs Have You Incurred? Premises liability claimants can seek compensation for any reasonable and necessary economic damages they incur as a result of their injury. These may include home and vehicle modifications, child care, domestic help, and alternative transportation. Be sure to keep any receipts and invoices for costs related to your injury.