If you were recently injured due to unsafe conditions on someone’s property, you may be considering filing a premises liability lawsuit. Pursuing compensation may be possible, but what types of damages can you claim?
The legal team at Ross & Hill receives many questions about this topic and is here to explain what you need to know. Contact our firm if you need an experienced premises liability attorney in New York to represent you.
Do You Have a Premises Liability Case?
Before you think ahead to possible injury compensation, it’s important to understand the basics of premises liability claims. The validity of your case depends on four essential criteria:
- Duty of care: The property owner must keep their premises reasonably safe for others, such as tenants, neighbors, and invited guests.
- Breach of duty: The owner’s negligence could breach their duty of care and potentially put others in harm’s way.
- Causation: Victims must demonstrate that the owner’s negligence directly caused their injury.
- Damages: To pursue a claim, victims must have quantifiable losses, such as medical expenses for their slip-and-fall recovery.
Pursuing legal damages for accidents hinges on these four components. If you’re not sure whether you have a valid case, consult a premises liability accident lawyer in New York. They can review important details of your situation and determine whether you have grounds to sue.
Common Damages Victims Seek in Premises Accident Claims
Perhaps you meet with a lawyer who recommends filing a premises liability lawsuit. How will you know how much to sue the liable party for? Attorneys can help calculate a victim’s damages and advocate for compensation from a liable property owner or their insurer.
You may be able to claim both economic and non-economic damages in such cases. Take a closer look at what each category entails below.
Economic Damages
When many people think of receiving money from a personal injury lawsuit, economic damages come to mind. These are measurable and may refer to:
- Medical expenses: Medical bills factor into your economic damages, including but not limited to doctor’s visits, prescription costs, and rehabilitation measures.
- Lost wages: If your injury leaves you unable to work, you can claim lost wages in your lawsuit. This includes days away from work as well as reduced hours to accommodate your injury.
- Property damage: Perhaps your cell phone cracks in your pocket when you slip on a hazardous surface. If the property owner’s negligence led to the fall, you could potentially sue them for the cost of repairing or replacing your damaged phone.
Your potential personal injury compensation depends on the severity of the accident and its effects. For instance, someone who sustains a sprained wrist in a slip-and-fall may have minimal medical costs and no lost wages. On the other hand, someone who sustains a serious head injury could have to miss weeks of work and incur significant costs for medical treatment.
Non-Economic Damages
Economic damages offer concrete amounts, therefore making them easier to calculate. Victims can pursue non-economic damages in a premises liability lawsuit, though these are a bit more challenging to calculate. These damages refer to the mental and emotional effects of an injury.
Perhaps you break your leg while navigating a defective staircase. The injury affects your mobility and keeps you from certain activities you regularly participate in. If this leads to a loss of enjoyment in life, you could claim damages for this aspect of the injury.
What if you end up with a traumatic brain injury due to a slip and fall? The Brain Injury Association of America reports that falls are a leading cause of traumatic brain injuries. This type of injury could lead to increased irritability and potentially a long-term disability.
Your attorney could advocate for damages for your pain and suffering as it relates to your injury.
How To Calculate Damages in Your Premises Liability Case
Now that you know the damages victims commonly claim, you might be wondering how much your case is worth. Financial compensation is never certain, and every case is different.
It’s easiest to calculate economic damages. Gathering medical bills, the cost of emergency transportation, and forms documenting lost wages help lawyers determine your concrete losses. What can this usually amount to?
According to the CDC, nonfatal injuries leading to an emergency room visit cost an average of $5,800 per patient. The organization reports that injured parties also lose about $1,690 in wages over the course of a year. For those who are admitted to a hospital, those costs skyrocket to $52,250 for medical treatment and $7,820 in lost wages.
Calculating non-economic damages is a bit more complex. Tactics like the multiplier method or per diem method aim to find a reasonable amount for one’s pain and suffering. Forbes reports that the median financial reward for premises accident claims is $90,000, though individual outcomes vary.
Exploring the Possible Outcomes of a Premises Liability Lawsuit
What happens after you sue a negligent property owner for damages? Your case will usually undergo settlement negotiations out of court. Legal representatives for both the plaintiff and defendant exchange evidence and discuss damages in an attempt to reach a settlement agreement.
According to The Law Dictionary, 95% of personal injury cases settle before going to trial. If your case falls into this category, it could be resolved within a few months of your initial filing. However, sometimes neither party can agree to settle, and the case goes to trial.
Litigation extends the overall timeline. When a premises liability lawsuit goes to trial, plaintiffs may have to wait over a year for the case to resolve.
Trials also have unpredictable outcomes. Some plaintiffs are eager to settle because it means resolving the case with some amount of compensation. If a judge or jury is left to decide the verdict, the victim may not receive any financial reward.
While examining common issues with premises liability cases, Advocate Magazine notes that plaintiffs win these trials about 39% of the time. Some plaintiffs accept a settlement offer during negotiations to avoid the uncertainty of a trial.
Contact Our Premises Liability Law Firm To Discuss Your Options
Figuring out the damages you can claim in a premises liability suit starts by meeting with a personal injury lawyer. Ross & Hill is an experienced premises liability law firm serving New York City locals. We handle all types of premises liability lawsuits, including dog bite cases, negligent security injuries, and much more.
We have offices in Brooklyn and Manhattan and are ready to discuss your case. Contact our legal team today at (646) 351-6222 to schedule a free case evaluation.
Frequently Asked Questions
Below, our attorneys answer common queries about premises liability cases.
Can Trespassers Claim Premises Liability Damages?
No, trespassers usually cannot sue for premises liability damages. Some exceptions apply, such as when a property owner is aware of a trespasser and doesn’t try to stop them.
What Should I Look for in a Premises Liability Accident Lawyer in New York?
Look for a lawyer who has years of experience handling premises liability cases. It helps if they have a track record of success, either winning personal injury trials or settling cases out of court.
Is There a Deadline To File a Premises Liability Lawsuit?
Yes, there is a three-year filing deadline if you wish to open a premises liability lawsuit against a private property owner. If you wish to sue a government entity for your injury, you may face a shorter deadline.
