2 Types of Compensation in a Slip and Fall Accident Claim
Serious slip and fall accidents can cause severe injuries that can wrack up thousands of dollars in medical bills. Furthermore, many victims who sustained a major injury will be temporarily or even permanently disabled and unable to return to work for some time.
Fortunately, when a property owner’s negligence causes a slip and fall accident, the state of Ohio allows the victims to file a claim in an attempt to recover damages. These claims generally fall under an area of the law known as premises labiality. There are two primary categories of damages that victims can account for on their claims, both of which we take a brief look at below.
Special damages are the tangible, financial damages that the victim suffered as a result of the accident. They are your out-of-pocket expenses, which are quantifiable and accounted for using evidence such as receipts, bills, and proof of pre-injury income.
Below are some of the special damages that your claim may include.
- Ambulance and hospital bills
- Surgeries, medications, and other treatments (both current and future)
- Transportation costs to your medical appointments
- Medical aides, e.g., wheelchairs
- Lost wages while you’re recovering
- Lost earning capacity due to your injury
- Replacement or repair of your damaged property (clothing, jewelry, etc.)
- Cost of hiring someone to perform your household duties you would normally perform
General damages are those which are intangible in nature; they are more difficult to put a dollar sign on, but they are significant and compensatory nonetheless. Below are a few examples of these types of losses you can include on your claim.
- Pain and suffering
- Mental anguish
- Emotional disorders that develop as a result of your injuries
- Disadvantages in the workforce and loss of promotion
- Loss of enjoyment in life
- Inability to do your normal activities, including hobbies and daily tasks
Substantiating Your Damages
In order to be compensated for your damages from a slip and fall accident, you’ll first need to prove that the other party was negligent and that their actions caused your injury. Once you establish this, you’ll need to present ample evidence that shows the insurance company or courts the full extent of your injuries.
For help filing and proving your claim, you’re welcomed to contact Bressman Law in Ohio. Contact us to schedule a free consultation at your convenience: 866-777-6680.