There are different ways to prove your damages for a slip and fall accident. The specific evidence needed to prove these damages varies based on the type of compensation you seek. For example, the process of establishing that you are owed medical expenses is different compared to demonstrating that you deserve to recover your lost wages.
The process of gathering evidence to support your slip and fall case can be complex. From collecting the documents needed to establish your damages to negotiating a fair outcome to your case, the process could be simplified with the help of an attorney from our firm.
The Types of Damages Available in a Slip and Fall Case
In order for you to recover monetary compensation following a slip and fall accident, you must prove that you have suffered compensable damages due to your fall. Before you can prove you are entitled to damages, you must first identify the types of compensation available in your case.
There are two categories of damages available in these cases. These categories include economic and non-economic damages. Economic damages are intended to repay you for your monetary losses caused by a slip and fall accident. Non-economic damages cover your subjective losses that stem from your slip and fall accident.
A slip and fall accident lawyer from our firm could help you not only investigate your accident but also prove that you are entitled to recover compensation.
Proving Economic Damages
It is often possible to prove the amount of economic damages in your slip and fall accident case using documentary evidence. This is possible given that your economic damages are designed to return you to the financial position you found yourself in prior to the fall.
There is a set amount of money required to make you financially whole, which means you could prove your economic damages down to the dollar. Common examples of economic damages include:
- Lost wages
- Medical costs
- Transportation expenses
- In-home care costs
- Out-of-pocket expenses
There are various types of documentary evidence that could be used to prove these damages. You could establish the cost of your medical care by using hospital bills as evidence. Proving the amount of your lost wages could be possible by using your employment records as evidence at trial.
Proving Non-Economic Damages
The process of proving non-economic damages in a slip and fall case can be complicated. Unlike with economic damages, these losses are not objectively measurable. Instead, this type of compensation is designed to cover the intangible losses that can come with a slip and fall accident. Some common forms of non-economic damages include:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Disfigurement
- Loss of consortium
- Disability
Because these damages cannot be established with documentary evidence, it can instead require witness testimony. This could include your own testimony or the testimony of your loved ones. Making a case for non-economic damages requires showing a jury how your injuries have impacted your life.
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The Importance of the Other Elements of Negligence
Making your case for your damages is an important step in an injury case. However, demonstrating the amount of damages you have suffered is only one necessary step in the process.
To recover compensation for your injuries, you must demonstrate all four elements of negligence. In addition to damages, the other three elements of negligence include the duty of care, breach, and causation.
The Duty of Care
For your personal injury case to succeed, you must establish that the defendant owed you a duty of care. This can be challenging in a slip and fall case, as the duty a property owner owes will depend on your right to be on the premises.
Breach
Once you establish the duty of care exists, you must next show the property owner breached that duty. That could occur by showing the property owner knew about or should have known about the hazard that caused your fall but failed to take reasonable steps to address it.
Causation
There must also be a link between the defendant’s breached duty and your injuries. This element ensures you only recover damages that are directly linked to the negligence of the defendant.
Talk to Our Firm About Your Slip and Fall Damages
Unsure of how to prove damages in your slip and fall accident? The good news is that you do not have to do it on your own. Our firm understands what it takes to secure financial compensation in a sip and fall case. We could help you pursue a fair settlement or court award for your injuries.
If you are ready to get started with your slip and fall injury lawsuit, the team at Loncar Lyon Jenkins is ready to help. Call (877) 239-4878 right away for a free consultation.
