When a slipping accident is serious enough that it causes severe pain, it may be necessary to seek compensation from any responsible party. You could accomplish this by speaking with a competent slip and fall attorney. An experienced legal advocate could work with you to identify all of the recoverable damages in a Manchester slip and fall case.
Assessing Damages
Once a lawyer has determined liability, they might talk to the injured individual to understand the possible damages, what they have gone through, what their life was like before, and what impact the fall had on them. A lawyer should also seek testimony from doctors and look at the patient’s medical records to see if there is evidence of any previous treatment to similar areas, and to demonstrate how the fall caused their specific injuries.
If someone in Manchester is injured in a slip and fall accident, the most important thing to do in order to maximize their recoverable damages is document their losses. If they hurt their foot, and it is causing them pain, they should seek medical attention and be honest with the doctor about their pain. The patient should tell the doctor where it hurts, how much it hurts, and whether or not it has ever hurt before.
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Linking Damages and Liability
When establishing responsibility for an incident that could have been prevented by reasonable care, damages substantiate the claim. If someone trips while walking on a defective property, and gets right back up and walking again, there is likely no injury or case. However, if they trip, fall, and break a bone, damages are necessary to bring a claim and establish that someone else had a duty to prevent that exact kind of injury.
Types of Damages in a Slip and Fall Claim
In a slip and fall case, an injured individual might be entitled to compensation for things like medical bills, missed wages, and any physical or mental therapy that is required. They could also be eligible for non-economic damages, such as loss of enjoyment in their life and pain and suffering. There is no legal cap on recoverable damages in Manchester slip and fall cases.
Punitive damages are designed to punish a defendant for their reckless or intentional conduct, and it can be difficult to award these since it requires a specific intent. A defendant could open themselves up to punitive damages if they set a trap for somebody else that caused injury or if they demonstrate gross indifference to the lives and safety of others.
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Calculating Damages
Recoverable damages are calculated by reviewing the economic damages and verifying that any outgoing, out-of-pocket expenses have been accounted for. The available amount of the landowner’s insurance or assets is also considered.
If someone has sustained a catastrophic injury as a result of their falling accident, they might be eligible for significant recoverable damages to compensate them and to balance the scale of justice. The severity of a catastrophic case could influence what the injured individual is entitled to.
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The Age of the Injured Person
The age of an injured person can be an issue in a slip and fall case. Even children are held to standards of reasonableness relative to their age. While an adult might not conduct themselves in a certain way on the property, a child might perceive the world differently. Elderly people may be prone to falling due to issues with their blood pressure, medication, bones, or joints. However, the insurance company might decide that there were other factors that contributed to the fall, which could impact damages.
Work with an Attorney to Learn What Damages You Could Recover in a Local Slip and Fall Case
Medical treatment is expensive, especially if you are being treated for a severe head injury or some other condition that could have long-lasting consequences. The recoverable damages in a Manchester slip and fall case could help offset the economic burden. Call now for more information.
