Compensation in a DC Slip and Fall
You may be wondering what your slip and fall case is worth. After months of rehabilitation after a gruesome injury, you are entitled to compensation for a DC slip and fall. Our experienced legal team stands ready to guide you through the claims process. Having handled several hundred fall cases throughout our firm’s existence, we understand how devastating the effects of these injuries can be. Not only do they cause severe, life-altering injuries, but they can put you in serious debt from medical expenses. Worse yet, you may be unable to work because of your injuries. If you work in a job like construction, your injuries may restrict your ability ever to work again. So, how do you value your case?
In Washington, D.C., these incidents occur due to unsafe conditions in public spaces, commercial properties, or residential areas. To evaluate compensation, we first must establish liability. Assuming liability is proven by a preponderance of the evidence, we can evaluate the value of your case. We do so by calculating your medical expenses, lost wages, and pain and suffering damages. In the rare case, you may be entitled to punitive damages. Moreover, we cannot simply claim that you paid a given amount. We must prove each special and general damage you suffer. Below, we discuss how to prove these elements to maximize compensation in a DC slip and fall case and how to determine what your case is worth.
For further information on how to calculate what your slip and fall case is worth, call our office today for a free evaluation.
Medical Expenses in Slip and Fall Cases
Slip and fall accidents often lead to significant medical expenses, ranging from immediate emergency care to long-term treatment for serious injuries. The nature of your medical expenses will depend on how your injury. For example, if you slip, fall, and injure your back, you likely will have long-term soreness if not properly treated. However, you should recover within a few months with sufficient physical therapy. Of course, physical therapy can be costly. But medical expenses reach a new level if you break a bone or require surgery. Then, not only do we consider the cost of the surgery, but we must consider prescription medications and long-term rehabilitation.
You may even require nursing care. This can be exorbitantly expensive. Accordingly, you should consult with your DC fall attorney before finalizing this decision. Unfortunately, some injuries require a lifetime of medical treatment at regular intervals. Of course, we cannot wait for all medical treatment to complete before settling your case if the treatment is indefinite. Thus, we must estimate your future medical expenses to some reasonable degree.
In general, there is a correlation between your medical expenses and your pain and suffering damages, which we explore below.
Lost Wages and Earning Capacity
Lost wages fall within the category of special damages. This category is also known as economic damages. On the one hand, it i seasy to measure because it is exact. If you miss 20 hours of work because of your injury, and you are excused by a medical doctor to miss time from work because of your injuries, you can recover 20 hours times your hourly salary. Even if you are unexcused from work, you may be able to recover if your doctor’s appointment corresponds with your time missed. Although, you only get a couple hours reimbursed for having to go to a doctor’s appointment.
The more complex side of this coin is earning capacity. What if you suffer a permanent injury and you can no longer use your arm? That is fine in some professions where you do not need use of your arm to sufficiently perform the job. However, if your job requires manual labor, you may be unable to work and pay your bills. Calculating lost earning capacity often involves expert analysis, considering factors like the victim’s career trajectory, age, and skills. Are you able to get another job? Is it lower-paying? If so, you may be entitled to the difference between the two incomes, reduced to present value.
Pain and Suffering Damages
This is a broad category, hence the name “general damages.” Unlike medical expenses and lost wages, which have direct monetary values, pain and suffering are non-economic damages that compensate victims for the physical and emotional distress caused by your injuries. Pain and suffering can include physical discomfort, mental anguish, loss of enjoyment in life, and even impacts on relationships with loved ones. The issue you amy encounter when calculating pain and suffering damages is there is no point of reference. For example, if you go to the hospital, you are simply given a bill. This makes calculating the damage simple. However, it is far more subjective to ask an injury victim how much they value their physical and mental well-being, as well as their quality of life.
Property Damage Claims in Slip and Falls
Property damage is less of a factor in valuing compensation in a DC slip and fall case than in most other personal injury cases. Usually, we consider property damage as a separate claim from your bodily injury claim. For example, if you are in a motor vehicle accident, you have a claim to reimburse you for the repair cost to your car, plus your bodily injury claim. However, in a fall case, your damage is limited to something you may have been carrying at the time of your fall. A common example may be an iPhone or a laptop. If one of these items break, we will include it in your claim.
Punitive Damages: Are They Possible in DC Slip and Fall Cases?
When evaluating compensation in a DC slip and fall in Washington, D.C., punitive damages are rarely a factor. We can only recover punitive damages for your fall if someone pushes you. If that is the case, we must prove that the push was intentional and not merely negligent or reckless. If we can do this, then punitive damages may be in order depending on the egregiousness of the defendant’s act. However, even if the act is deemed intentional, there is never a guarantee of punitive damages. If there is such an award, it is calculated as a ratio of the damages listed above.
Building a Strong Slip and Fall Compensation Claim
Building a strong slip and fall claim for maximum compensation in a DC slip and fall ultimately depends on the elements described above. However, how convincing the evidence is will determine how strong your case is. Thus, we recommend collecting as much evidence as possible. Consider photographing the accident scene to capture the hazardous condition, obtaining witness statements, collecting medical records and treatment documents, and documenting financial losses. The more evidence we can gather, the more we will compel the jury or judge to rule in your favor, the better.
Call To Learn What Your Case is Worth
Compensation in a DC slip and fall case depends on several factors. You may be wondering what your case is worth after a slip and fall. We have handled hundreds of fall cases and understand precisely what they are worth.
Call our attorneys today for a free consultation at (202) 331-7227.