Bringing an effective premises liability claim means understanding the damages available. The victim must identify the damages they can recover and take the appropriate steps to prove the case. Our personal injury attorneys in Denver explain the types of damages available to victims in premises liability cases.
What Are Damages in Premises Liability Cases?
Damages in premises liability cases are the types of compensation that the victim receives for their losses. When a person is in an accident, they suffer in many ways. Some of these losses are financial. Others are emotional or personal. The categories of damages are all types of legally recognizable losses available for compensation. The victim must determine which categories are applicable in their case and take the legal steps to claim them through a personal injury lawsuit.
What Types of Damages Are Available in Premises Liability Cases?
Damages that may be available in premises liability cases are:
1. Medical Bills in the Short Term
A victim who suffers an injury likely incurs a range of medical bills. Some of these bills are immediate, like emergency room expenses, ambulance rides, surgeries, and medication. Other expenses like a hospital stay and nursing care may also be included. Travel to and from medical appointments is a valid cost.
2. Medical Bills in the Long Term
Long-term medical bills are included, too. Future medical visits can be part of damages. It can be challenging to project the cost of future medical care. It’s essential to work to appropriately value future medical bills correctly for inclusion in the claim.
3. Physical and Occupational Therapy
An individual may claim expenses for rehabilitation to help with recovery after an accident.
4. Psychological Care
Not all premises liability injuries are physical. A victim may claim expenses to treat anxiety, depression, PTSD, altered mood and other kinds of mental injuries.
5. Property Damage
Expenses for damaged or ruined property can be claimed in premises liability. The individual must prove that the items are damaged and their appropriate value.
6. Lost Income
Lost income can take two forms. Immediate lost wages from the inability to work right after the accident are a type of damages. The lost long-term career path from sustained injuries may also be included. The victim should be prepared to explain how their injuries have changed their ability to work in the future.
7. Household Expenses
There are several ways that injuries can create expenses that ripple throughout the household. The family may need to arrange for child care that the injured victim used to provide. Assistance may be required for household chores. Even home modifications to accommodate medical needs can be a household expense.
8. Pain and suffering
It’s no surprise that physical injuries come with pain. The victim has to endure this pain. They deserve compensation for it. Pain and suffering is paid in proportion to the severity of the injury and the pain that’s associated with it.
9. Mental Anguish
A premises liability accident can be as emotionally damaging as it is physically harmful. Mental anguish is a legally recognized category of compensation.
If premises liability injuries cause physical disfigurement, the victim may claim appropriate damages.
11. Loss of Consortium or Companionship
Physical injuries change family relationships. A family member may claim compensation for loss of consortium or family companionship that stems from their injuries.
12. Wrongful Death
There is a range of damages associated with a premises liability that results in wrongful death. The family may claim burial expenses, outstanding medical bills, emotional distress, loss of family financial support, and loss of consortium or a solatium amount.
13. Punitive Damages
Punitive damages may be available in cases of extremely egregious conduct on the part of the defendant. The actions of the defendant must be exceptionally deliberate or willfully reckless to allow the accident to occur.
Damages in Premises Liability Are Unique to the Victim
Damages are unique to the victim and their actual losses. For example, if the victim has lost wages because of the accident, they may claim lost wages. Once you understand the types of damages available in a premises liability case, you need to know how to go about claiming what you deserve.
How Do I Claim Damages in a Premises Liability Case?
To claim damages in a premises liability case, you must carefully prepare your complaint. The complaint is the first document that the court sees. It must state the facts that make you deserving of compensation. It also states that you deserve damages.
Having evidence of the different types of damages is important, too. However, proving the case comes later. The first step to claiming damages in a premises liability case is appropriately drafting a complaint that states the basis for the complaint and the claim for damages. An experienced attorney can help you appropriately state damages in your complaint for compensation.
Once you’ve correctly demanded the appropriate amount of damages in your complaint, the work has only begun. You must have evidence of each category of compensation that you are claiming. Every type of damages must be proven separately. A victim may need to use a combination of eyewitness testimony, receipts, experts and records to prove their case.
How Do You Argue Premises Liability Damages to the Jury?
Once you present the evidence, you must argue the case to the jury. An effective attorney can help the jury understand the information about damages. It can be challenging for the jury to keep track of the evidence presented at trial. The purpose of legal arguments is to help the jury make sense of it all. Oral arguments, visual aids and summaries can go a long way to help the jury issue a verdict in the victim’s favor.
Attorneys for Premises Liability Damages
If you’ve been hurt in a premises liability accident, understanding the types of damages available to you is a critical part of receiving fair compensation for your claim. An experienced attorney for premises liability damages ensures that no category of damages is left behind. Let us ensure that your damages fully and fairly represent the losses that you have sustained in your case. Contact us today to talk about your case.