Posted on Wednesday, September 4th, 2019 at 2:54 am
A slip and fall can result in serious injuries. Unfortunately, many insurance companies treat slip and fall claims in the same way they treat whiplash claims. They believe victims are exaggerating their injuries to get more money for their injury claim. Therefore, it is important to document injuries and financial losses in a slip and fall claim carefully. Working with an experienced Sacramento slip and fall attorney can help. An attorney understands what is needed to prove damages in an injury claim and how to calculate the true value of your injury claim.
Factors That Impact the Value of a Slip and Fall Claim
Several factors impact the value of your injury claim. Common factors include:
- The type of injury sustained;
- The severity of the injury;
- The length of your recovery;
- Whether you sustained a permanent disability or impairment; and,
- The total financial losses, including medical bills and loss of income.
Your Sacramento slip and fall attorney gathers information and evidence to prove the severity of your injuries and the extent of your financial losses. You can help your attorney by keeping copies of all records related to your accident and injury, including receipts, bills, invoices, and statements.
What Damages Are Included in a Slip and Fall Claim?
There are two types of damages included in most slip and fall claims — financial damages and noneconomic damages.
Financial Damages
Financial damages are easier to prove than noneconomic damages because you have tangible evidence of the expense or loss. Examples of financial damages include:
- Cost of medical care and treatment
- Cost of personal care
- Loss of income
- Travel expenses
- Medication and medical supplies
- Physical therapy or occupational therapy
Careful documentation and recordkeeping increase your chance of recovering compensation for all financial losses.
In some cases, a victim might also be entitled to future damages for financial losses. Future damages are typically awarded when a person suffers a permanent impairment of disability. Future damages might include compensation for ongoing medical care, loss of income, or diminished earning capacity. Medical and financial experts provide opinions regarding the amount expected for future damages.
Noneconomic Damages
Noneconomic damages include the pain and suffering a person experiences because of an accident and injuries. These damages are much more difficult to value because everyone experiences pain and suffering differently. A person can sustain the same type of injury, but experience a vastly different recovery from another person because of unique factors. There are many different ways to calculate noneconomic damages. An experienced personal injury lawyer understands how to use the evidence in a case to maximize the value of a claim for noneconomic damages.
Damages included in this category include:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Permanent disability
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
Contact a Sacramento Slip and Fall Attorney for Help
Slip and fall claims are governed by premises liability laws. Proving liability for an accident on another party’s property can be difficult. You need an attorney with experience handling this type of personal injury cases.
Call The Tiemann Law Firm at (916) 999-9000 to schedule a free consultationwith one of our slip and fall attorneys in Sacramento.