A slip and fall accident occurs when a person loses their footing and injures themselves while on someone else’s property. These accidents can happen anywhere including in restaurants, hotels, shopping malls, amusement parks, and private residences. If you are injured in a slip and fall accident, you may be entitled to compensation for your injuries. But first, it’s important to discuss your legal options with a Tampa personal injury attorney.
Who can be held liable for your slip and fall injuries? How much compensation are you entitled to for your injuries? Keep reading to learn the answers to these questions.
Who is Liable For Slip and Fall Injuries in Tampa?
Slip and fall cases fall under the category of “premises liability” claims. Premises liability laws state that property owners must make a reasonable effort to maintain safe conditions on their properties. If a property owner fails to do so and someone is injured as a result of a dangerous condition on their property, they may be held liable for the victim’s injuries.
However, property owners are not automatically held liable for slip and falls that occur on their properties. The burden of proof falls on the victim in a premises liability claim. This means that if you are injured in a slip and fall on someone else’s property, you must be able to prove that the property owner is liable in order to recover compensation for your injuries. To establish liability, you must prove:
- The property owner created the dangerous condition that caused your slip and fall, or
- The property owner knew the dangerous condition existed, but did not do anything to fix it, or
- The property owner should have known about the dangerous condition because a reasonable property owner would have been aware of it.
If you can prove one of these conditions, you may be able to hold the property owner liable and recover compensation for your injuries.
What Types of Compensation Are Awarded to Slip and Fall Victims?
The three main types of compensation that may be awarded to slip and fall victims in premises liability cases are:
- Special Damages
- General Damages
- Punitive Damages
The first type of compensation is special damages, which are awarded to victims who have suffered monetary losses as a result of their slip and fall injuries. These damages may compensate slip and fall victims for:
- Medical expenses they have already incurred
- Medical expenses they expect to incur in the future while treating their injuries
- Income they have lost
- Income they expect to lose in the future due to work restrictions caused by their injuries
- Any other out-of-pocket expenses that the victim has incurred as a result of their slip and fall injuries
There is no limit on the amount of special damages that a slip and fall victim may be awarded. But you must be able to submit proof of these monetary losses using receipts, paystubs, medical records, and other documentation.
The second type of compensation is general damages, which are awarded to victims who have suffered non-monetary losses as a result of their slip and fall injuries. These damages may compensate slip and fall victims for:
- Emotional anguish
- Physical pain
- Permanent scarring
- Loss of enjoyment of life
- Loss of companionship
It’s hard to quantify the value of these losses since they are non-monetary. For this reason, it’s important for slip and fall victims to work with an experienced attorney. An attorney can help you understand the value of your case so you don’t end up settling for less than what you actually deserve.
Slip and fall victims are compensated for their specific monetary and non-monetary losses with special and general damages. But punitive damages are not awarded to compensate victims for specific losses. Instead, they are awarded to punish the defendant for acting negligently.
Punitive damages are rarely awarded in personal injury cases. In fact, the court can only award punitive damages if the victim is able to prove that the defendant acted with gross negligence or intentional misconduct. This means the victim must show that the defendant either intended on causing harm or acted with a complete indifference to their safety.
How Much Is Your Slip and Fall Case Worth?
There are a number of different factors that could impact the value of your slip and fall claim, including:
- Severity of your injuries
- How your injuries were treated
- How long it took you to recover
- Long-term consequences of your injuries
- How your injuries have affected your current and future ability to work
- How your injuries affected your day-to-day life
- Emotional trauma caused by your injuries
Every slip and fall case is unique, which makes calculating the value of a case rather difficult. Do not try to calculate the value of your case on your own. Instead, turn to a trusted premises liability attorney for help. Your attorney will take all of these factors—and others—into consideration when determining how much your claim is worth. Then, your attorney will aggressively negotiate with the at-fault party’s insurance company to ensure you are fully compensated for your injuries.
Don’t settle for less than what you deserve—protect your right to compensation with the help of a premises liability attorney.
Discuss Your Case With Our Personal Injury Attorneys Today
Have you been injured in a slip and fall in Tampa? If so, seek legal representation from the experienced premises liability attorneys at Carlson Meissner Hart & Hayslett as soon as possible. Recovering compensation in a slip and fall case isn’t easy, but our attorneys have the resources, experience, and skills that it takes to win. Our record speaks for itself—our attorneys have successfully recovered over $115 million in compensation for the injured.
To learn more about your legal options and how we can help, schedule a free consultation with our team of knowledgeable personal injury attorneys today.