6 Damages You Can Claim After a Trip and Fall Accident
Trip and fall accident cases often involve economic, non-economic, and punitive damage awards. If you suffered injuries caused by a property owner’s negligence, you can claim damages based on measurable and immeasurable losses. A trip and fall lawyer helps build your case, prove liability, and negotiate compensation for damages. Here are six damages you may claim after a trip and fall incident:
Medical Expenses
Medical bills often account for much of the economic damage, especially if you suffered severe injuries. You can claim current and future medical bills that include emergency services, doctor fees, medical operations, physiotherapy, medical devices, and medications. A trip and fall lawyer uses the medical bills and receipts to estimate the medical treatment damages for compensation. If your injuries require prescription or over-the-counter medication, your lawyer should seek compensation for those expenses as well.
Loss of Income
If you sustain injuries that prevent you from working for the short term, you can claim your lost employment wages and benefits. You might also be able to claim lost wages if your injuries result in a long-term inability to work. Lost income damages accommodate your reduced hours of work or change of jobs due to a trip and fall accident. You may also claim damages for hiring a home care provider if an accident leaves you dependent on external help. Lost income awards provide for any out-of-pocket costs you incur after the accident while you are not working.
General Pain and Suffering
The physical pain and emotional damage that a trip and fall causes are intangible but should be compensated. General pain and suffering include the emotional trauma and anxiety caused by the accident. A lawyer measures the extent of these damages by evaluating the severity of your injuries, their influence on your normal life, and your recovery prediction.
Loss of Association
Trip and fall injuries might affect your associations with partners or spouses. Loss of association damages compensates for the lost companionship and participation in partnerships. Loss of consortium damages is calculated by your or your partner’s inability to help with household duties as a result of the accident. Loss of sexual or emotional intimacy with your partner could also impact the loss of consortium damage award.
Emotional Damage
Injuries sustained from a trip and fall accident can lead to emotional suffering. You may experience post-traumatic stress disorder (PTSD) after the accident. To evaluate the severity of mental distress, include mental health records in your claims. To calculate emotional suffering, a lawyer sums up all your present and future damages and expenses.
Property Damage
Personal property such as clothing, jewelry, and electronic gadgets may be damaged in a trip and fall accident. You can claim these damages by providing evidence of the damage with pictures and invoices for replacements and repairs. A lawyer also estimates the value of the property to predict the damage award.
Evidence Used in Trip and Fall Cases
A trip and fall case is often determined by the evidence you present. Collecting evidence immediately after the accident prevents the loss of substantial documentation that may result from changes at the accident scene. Here are types of evidence to support your trip and fall accident damage claim:
Incident Record
Documenting the accident details, such as where and how the accident happened, helps determine who is liable for the damages. You should also take witness statements and photographic evidence to ascertain your consistency in the case. Gather any police reports or security camera footage for additional evidence.
Proof of Property Owner Negligence
You must demonstrate evidence that the building owner knew of potential risks but failed to fix them. Photographic evidence of the accident scene helps prove the property owner’s breach of their duty of care. Include witness accounts that capture the accident details and circumstances.
Hire a Trip and Fall Lawyer
When seeking compensation for a trip and fall accident, some types of damage can be hard to quantify. An experienced trip and fall attorney has the resources and legal understanding to navigate the compensation process, including gathering evidence and presenting a case. If you are looking to claim compensation after an accident, speak with a trip and fall lawyer today.