When you are seriously injured in a slip and fall caused by a property owner’s negligence and obtain compensation through a claim, you can send a message to the insurance industry that landowners must act responsibly. However, the specific recoverable damages available in a Yonkers slip and fall claim depend on the facts of the case.
A detail-oriented slip and fall lawyer can analyze the circumstances surrounding your accident to determine what damages may be available. They can then build a comprehensive claim to protect your right to recovery.
Damages Available in a Slip and Fall Claim
Generally, people are entitled to economic and pain and suffering damages in a Yonkers slip and fall case. Economic damages will generally include quantifiable costs such as medical bills, lost wages from work, future medical bills, and a reduction in future earning capacity. Damages for pain and suffering includes the intangible effects of the injuries caused by the negligence of a premises owner.
When assessing damages, a slip and fall lawyer will look at how badly you were injured, whether you had any pre-existing conditions, and how the injuries affect you. This includes how the injury will affect you both in terms of your pain and suffering but also in terms of future medical bills and your ability to work.
Generally, the more significant the injury, the greater the damages. When someone suffers a catastrophic injury, it generally means they lost the use or function of a part of their body. When this happens, it affects a person’s ability to earn money over the rest of their life. It also means that the person will incur significant medical bills for the rest of their life, which will cause them to suffer major economic damages over the remainder of their lifetime. Therefore, they may need more compensation to be able to support themselves following the injury.
When Are Punitive Damages Available in Yonkers?
It is very rare to recover punitive damages for a slip and fall in New York. These damages are usually only recoverable when the defendant intentionally or willfully created a dangerous condition that lead to a catastrophic injury.
This is because the purpose of punitive damages in a slip and fall is to punish the responsible party. These damages are a public policy that the courts use to punish a defendant for especially bad behavior by awarding a penalty of money that is generally three times the actual damages or greater to hurt the defendant financially and send a message. A well-versed attorney can examine the facts of your case to determine whether punitive damages may apply.
Ask an Attorney About Recoverable Damages in a Yonkers Slip and Fall Claim
If you or a loved one is injured in a slip and fall accident that best way to ensure you receive full fair and just compensation for your injuries is to hire a Yonkers accident lawyer like Tomkiel & Tomkiel to protect your claim. A dedicated attorney can work to prove the full extent of your injuries to make sure that you get all the available recoverable damages in your Yonkers slip and fall claim. Call us today to get started.