The value of premises liability claim is determined by several key factors, which collectively assess the extent of your injury, the degree of fault, and the impact it has on your life. Here’s how the value is typically determined:
- Severity of the injury: The more serious the injury, the higher the potential value of your claim. This includes physical pain, long-term disabilities, disfigurement, or the need of ongoing medical treatment.
- Medical expenses: The cost of medical care, including surgeries, medications, physical therapy, and future care needed, significantly impacts the claim’s value.
- Lost wages and earning capacity: If the injury causes you to miss work, lost wages are included in the claim . If it affects future earning ability, it further increases the claim’s value.
- Pain and suffering : This includes both physical and emotional distress caused by the injury. Pain and suffering damages depend on how the injury affects your daily life and how long the effects will last.
- Comparative fault: If you are partially at fault for the accident, the value of your claim is reduced proportionally. For example, being 30% responsible for the accident means your compensation is reduced by 30 %.
- Property damage: You can also claim for damaged personal property, such as clothing, glasses, or a vehicle.
- Punitive damages: In cases where the property owner’s actions were reckless or egregious, punitive damages may be awarded. These are meant to punish the property owner, though they are not granted in all cases.
- Insurance coverage: The amount of insurance coverage the property owner has can also affect the claims value. If there is limited coverage, you may not receive full compensation for your injuries.
Ultimately, the value of your claim will be determined by negotiations between your lawyer and the property owner’s insurance company, or through a trial if an agreement cannot be reached.
