Richmond Premises Liability Cases: Recoverable Losses
After sustaining a serious injury, a lawsuit may feel like the last thing you wish to take on. Fortunately, a skilled premises liability attorney could pursue a claim for you and with the hopes of recouping recoverable losses from a Richmond premises liability case. Reach out to an attorney today for the help you need.Get Started
Recoverable Losses with a Premises Liability Claim
One type of damages is medical damages, past medical damages, and medical bills for the hospital, doctor, physical therapy or other treatment the person needed due to their injury. The other type of damages is pain and suffering. This category allows for compensation for the physical pain a person suffered and may continue to suffer as a result of their injuries. It includes emotional pain or suffering as a result of the accident. A jury may consider minor categories of damages that do not make up the bulk of the settlement. They include things like humiliation, embarrassment, loss of dignity, and disfigurement.
How Could Lost Wages Be a Recoverable Loss?
One of the big categories of damages is lost wages. If someone breaks a leg and is unable to return to their job as a delivery driver because they were not able to deliver packages, they could recover their lost wages from a premises liability case.
If a case goes to trial and does not settle, a jury could determine the value of the individual's pain and suffering. The jury determines the amount of compensation. For the most part, the jury considers pain and suffering, medical expenses, and lost wages.
How Does the Severity of an Injury Play a Role?
It is the plaintiff's attorney's responsibility to get their client the highest possible recovery to compensate them for the severity of their injuries. For example, lost wages are factored in. If someone is not fully recovered by the time they get to trial, their lawyer needs to establish the number of lost wages. The lawyer must determine how long their client is going to be out of work. They need to establish whether their client is unable to work for a few years or for the rest of their life. The lawyer must identify an amount that can replace the earnings the individual would have received had they been able to continue working and that includes factoring in future raises and possible promotions. A lawyer can help victims calculate a valid amount because they have connections to experts who can testify on this matter and develop an estimate of the appropriate amount of compensation. A catastrophic injury, such as a brain injury or spinal cord damage, will lead to more damages.
Arguments Brought by Wrongdoers
One approach for a defense lawyer is contributory negligence. Most premises liability cases have an active argument about contributory negligence. In almost all cases, there is a defect that can be seen that the plaintiff did not see.
The defense attorney could make the argument that because a person drove across the parking, they should have known the surface was icy. The lawyer may suggest that the individual should not have gotten out of their car or they were not careful enough. If a rug is curled up creating a tripping hazard, the attorney may question why the person was not looking where they were going. It is the same with a spill. The lawyer may point out that milk is a different color than the floor. The individual should have seen the spilled milk on the ground and not slipped in it. Defense attorneys try to put the blame on the plaintiff for suffering the injury.
Choose to Work with an Attorney Who Can Help with Recoverable Losses
A person who is injured on someone else's property should contact a premises liability lawyer because it is difficult to determine whether one has a good case and if recoverable losses in a Richmond premises liability case can be recouped. If they have a significant injury that occurs due to a defect or hazard on another person's property, they should at least call a lawyer to figure out if they have a good case. It does not mean they have to hire a lawyer. Most plaintiff lawyers offer a free consultation. Even if the lawyer believes the injured party has a good case, there is no obligation for them to hire the lawyer.
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If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or or use the form below to connect with our legal team. We will fight to get you the justice you deserve.