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Determining Damages in a Premises Liability Case | Flint & Soyars
Premises liability cases cover a broad range of topics. Many people believe that it only concerns slip and fall events. In actuality, this type of case covers any type of accident that occurs on a property not owned by the injury victim. This can be on private, public or business properties and may include the following types of events:
- Slip and fall
- Animal attacks
- Drowning or pool related accidents
- Criminal attacks
- Falling objects
- Construction site accidents – non-work related
- Stairway accidents
There may be other types of accidents or events that are considered to be premises liability case, your Shreveport personal injury lawyer can help determine what type of case you have based on the facts of the case.
Determining Damages In A Premises Case
Every case is as unique as the person that it concerns. Because of this, there are not any specific amounts that are pre-determined for compensation on a premises injury case. Every case must be addressed individually to meet the needs of the person who was injured.
However, there are guidelines that your Shreveport personal injury lawyer will use to determine what types of compensation you should receive based on the facts of your case. Some forms of compensation may include:
All current and future medical costs related to the injury will be part of your settlement. This is generally the largest portion of your compensation package. The amount that is determined will be based on the type of injury that you received, the severity of the injury and the recovery factor.
If your injury has caused a disability or a disfigurement, your attorney will compensate for these factors. If you are not expected to make a full recovery or if you will need extensive follow up or life time care, this will also be included in this amount.
Loss of Income
The next thing that your attorney will address is the loss of income you have suffered from this accident. This includes:
- Current and future wages
- Current and future contributions to your retirement made by your employer
- Current and future losses to wages if you cannot return to the same type of work or pay level
- Current and future benefits lost from work such as medical insurance payments
This is a very individualized part of the compensation process because everyone suffers different losses.
Disfigurement or Disability
If it is determined that you have become disfigured or disabled as a result of your injury, your Shreveport personal injury attorney is going to seek additional compensation for your permanent losses. This again will vary based on the severity of the case and the losses you will endure because of the injury.
Your attorney may seek out compensation for pain and suffering, mental anguish, loss of consortium or other issues that are specific to your case. This will depend on your situation, what type of injury you have received and the severity of that injury.
Your attorney will go over every type of compensation that you are entitled to under the law based on the facts of your case.
Personal injuries that happen due to animal attacks and pool incidents may be handled a little differently, especially if the person injured was a minor. These types of injuries often cause lasting emotional trauma for the injury victim and your attorney will address this fact as part of the compensation package.
What To Do If You Have Been Injured On Someone Else’s Property
Establishing fault in a premises case is the most important part of the case. As an injury victim, you must be able to show that the property owner knew of the danger or the potential for danger and failed to make the property safe.
If you have been injured on the property of another person, you are encouraged to do the following:
- Report the Accident Immediately. If an injury occurs, make sure that the property owner or management of a business is notified immediately of the injury. If you are at a business, make sure to fill out all injury reports.
- Record Witnesses. If there are any witnesses to the accident, make sure to include that information on the accident report or document them separately for yourself. This is very important.
- Take Pictures. Take pictures if you can, especially if you have no witnesses to the event. If you are unable to take pictures at that time, try to return shortly afterwards to photograph the scene.
- Seek Medical Care. Even if you believe your injuries to be minor at that time, make sure you are evaluated by a doctor. That headache you have may not be stress; it may be a concussion or sign of another injury. Your health is the most important thing that you have; make sure you are checked by a doctor.
- Document Everything. You will want to go home after your medical treatment and document everything you remember. This is important because small details can be forgotten over time.
- Track Your Care. Keep track of everything that the doctors tell you, treatments you have received, and doctor visit information. This information will be relevant to your case.
- Speak with an Attorney. Protect your rights as a personal injury victim and secure legal representation. Premises cases can be difficult to prove without legal knowledge on how these cases work.
It is also very important to remember that you should refrain from posting information on social media about your accident, your injuries, your diagnosis or prognosis or anything to do with your case. The insurance company that will be covering your accident will monitor your social media to look for anything that they can use to disprove your case.
If you must mention your accident on your social media, make sure it is very non-descriptive. This will allow you to share that you have been injured without revealing too much information. You are also encouraged not to post any personal pictures during this time at all. Pictures can easily be interpreted as something totally different than intended.
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