The damages you can receive for a slip and fall claim in Los Angeles depend greatly on the losses you suffered as a result of the accident. At its most basic, a financial award in a personal injury case, such as a fall injury accident, is a reimbursement for the expenses and losses the victim incurred as the result of the accident.
Identifying all the possible losses and expenses and putting a fair value on them is key in recovering a just payout in your case, but this is rarely as straightforward as it sounds. Recoverable losses include both financial and non-financial losses, as well as current and future losses.
Understanding and Documenting Your Economic Losses
The damages you can receive for a slip and fall claim in Los Angeles include almost any type of related expense or loss you experience. The category that generally comes to mind first is the economic damages an injured person will face. In a slip and fall case, this will include many out-of-pocket expenses as well as financial losses. Examples include:
- Ambulance transportation and emergency department evaluation
- Medical bills, hospitalization, medical tests, medication
- Follow up visits, rehabilitation, and therapy
- Expenses related to commuting to appointments, such as parking, mileage, or even airfare and lodging
- Future medical care or ongoing support and care costs
- Lost income, wages, and benefits
- Loss of future wages
- Property damages, such as if you broke your glasses or phone in the fall
- Other out-of-pocket expenses
While information from your employer, bills, and receipts can prove most of these expenses, it may require testimony from medical expert witnesses, economists, and others to determine the loss of future income or the costs of future care.
There may also be other types of damages available dependent on the losses suffered by you and your family. For example, if you cared for your children at home but cannot do so during your treatment and must pay for daycare instead, this expense could be covered by your payout. This is known as “loss of services.”
Recovering Compensation for Your Intangible Losses
In addition to recovering a financial award for your tangible expenses, you can seek a payout for your intangible losses. Calculating the value of these losses, known as non-economic damages, is more difficult. While there is no price tag on these things, they are still losses you incurred as a result of the defendant’s negligence, and you deserve to be reimbursed.
Your attorney will use industry conventions to put a price on these damages, or the court will evaluate their value during a trial. These recoverable losses include:
- The time you lost as a result of your injuries and the resulting legal case
- Your physical pain and suffering
- Permanent pain or discomfort
- Diminished quality of life
- Emotional distress
While the proof of your economic losses will play a role in proving these damages, as well, other evidence can support the recovery of your intangible losses. This could include a journal detailing your pain during treatment, a calendar showing missed activities, a detailed list of the time you spent on your case, or other documentation of your physical pain and emotional suffering.
California Premises Liability Laws Allow You to Seek Compensation
Suffering injuries as a result of another party’s negligent actions is frustrating. Our team believes you should not have to suffer further because of an injury you did not cause. This is why we represent fall accident victims and fight for justice in these cases. The careless defendant should pay for your treatment, lost wages, and other losses, not you and your family.
Recovering compensation and holding the negligent party responsible in a slip and fall case is possible under California Civil Code (CIV) §1714, the California premises liability statute. This law establishes a duty of care that the property owner or a responsible property occupier owes visitors who come onto the property.
If the responsible party allows a hazard to occur or remain on their property, the victim who suffered injuries as a result of the hazard generally has two years to seek compensation through a personal injury lawsuit under California Code of Civil Procedure (CIV) §335.1. Most of these cases reach an out-of-court settlement before this time elapses.
Let a Member of Our Los Angeles Team Review Your Case Today
The Los Angeles team from Pintas & Mullins Law Firm will evaluate your case at no cost to you, determining if we can help you seek compensation based on your fall injuries. We do not shy away from tough cases. We also pursue a financial award for our clients based on contingency. Our firm receives our fees for representing you from the settlement or awards we recover, never from your pocket.
Let us discuss your case and explain your options for recovering damages today. Call (800) 223-5115 now for a complimentary consultation.