Ray Arenofsky - Attorney At Law

What Damages Are Available In A Premises Liability Suit?

The damages that are available in a premises liability case are numerous. You can suffer all kinds of injuries, such as a broken hip, a torn tendon, or a hurt eye. You could even become psychologically affected the lawyers can get monies for you using liens and other creative devices while you are unable to work. You would obviously get monies for all of the other losses and damages, including loss of wages. If you have a lot of children and you can’t get out of bed, then you may have to hire someone to take care of the children. That’s an expense.

When a case involves a particularly egregious act or level of neglect, then the jury could be instructed to not only compensate the plaintiff, but also to punish the defendant for acting so unreasonably and uncaring toward the injured party . This may be the case if a bathroom pipe was leaking for days and the store knew about it and did nothing.

You will get reimbursed one way or the other for your medical expenses. You may have future medical expenses, and a doctor may have to testify. If surgery becomes necessary, then it would be paid for. If you have a torn knee and you can no longer participate in many of the things that you did before the injury, then that would be considered a loss of enjoyment of life, which would be compensated for.

When talking about pain and suffering, the key is in determining the extent of the physical injury, which is the bulk of the recovery. How bad is the pain? How long did the person suffer? Is it permanent? Is it going to be for the rest of their life? Are they going to go on social security and not be able to work again? Loss of wages and child care expenses are included, but the bulk of the recovery will come from the cost of the medical care to address the physical injuries, length and strength of pain (both present and future) and extent of the injuries.

Can Punitive Damages Be Recovered In A Premises Liability Case?

Punitive damages are very hard to obtain in a premises liability case because the standard of proof is very high. It’s not just ordinary negligence where someone should have swept the floors; it’s when someone is aware of a dangerous condition and showed disregard toward their customers by failing to fix it. There usually has to be harsh, reckless and severe fault on the part of the defendant, and it is meant as a punishment for them. Insurance companies sometimes make very low offers in cases of bad injuries and in cases where the fault very clearly belongs to the defendant. They will stretch out litigation, even while the plaintiff needs the money and is suffering. This demonstrates that many insurance companies are more concerned about delaying and holding on to the money rather than showing any concern for the victim. This situation could be a case of bad faith that is like punitive damages.

How Do I Know If I Have A Premises Liability Claim That Should Be Pursued?

Frankly speaking, premises liability cases are difficult to fight and are often lost. It will often be said that the plaintiff should have been more attentive to their surroundings. If the damages aren’t serious, then I would not recommend a legal action because these cases can be very expensive to fight. It can be very expensive to bring in experts to show that the condition was dangerous. When considering the amount of hours and the out-of-pocket expenses required, you find that they can cost more than the monies received,

Juries will often discount a case before it starts, either out of arrogance or a presumption that the plaintiff should have been more careful. These are some of the more difficult cases because they are usually fought; the insurance company doesn’t just turn over and pay money, and they make very measly settlement offers. In order to get a reasonable amount of money, it sometimes takes a full trial. A person should go to a good lawyer who handles a lot of these types of cases, is up-to-date on the law and knows the tricks and arguments that insurance companies make.

For more information on Damages In Premises Liability Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.

Ray Arenofsky - Attorney At Law

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