Damages in Tampa Premises Liability Cases
In a Tampa premises liability case, a person can recover a variety of damages. A person can recover past medical bills, future medical bills, past lost wages, future lost wages, future ability to earn, and earning capacity that is diminished because of the injuries. They can also recover money for pain and suffering and emotional distress depending on how the injury occurred. If the injured person has a spouse or children, they can recover loss of consortium.
To begin pursuing any potential damages available in your Tampa premises liability case, it is important to consult with an experienced lawyer as soon as possible. A knowledgeable Tampa premises liability attorney can build a case to help produce a successful outcome on your behalf.
Loss of Consortium
Loss of consortium is the loss of the ability to enjoy each other’s company. That can include things such as:
- Sexual activity if it is a spouse
- A parent taking care of their children or benefiting from the relationship that they have with their children
- The enjoyment that they have with their children
- A loss of enjoyment claim along with the loss of consortium claim
An individual can recover damages in Tampa premises liability cases for any familial relationships that may have been hindered because somebody has been injured and is unable to do the same activities they did prior to the injury.
Economic vs. Non-Economic Damages
Economic damages are for medical bills and lost wages. Non-economic damages are for pain and suffering, loss of enjoyment of life, loss of consortium, and even some punitive damages.
Severity of the Injuries
All injury cases are handled the same. The only distinction is the medical bills and the medical treatment which could vary based on the severity of the injury.
If it is a wrongful death situation, a probate estate will need to be opened. There may be a short period of pain and suffering for the person before they expired, or no pain and suffering if they died instantaneously. A wrongful death case brings a higher loss of consortium claim. To understand the damages available in a Tampa premises liability claim as it relates to these elements, it is important to contact an experienced attorney.
The defense attorney will argue that whatever a person tripped and fell over was open and obvious, and that the person should not have tripped over it. For example, if there was a wire on the ground, the person should have seen it and stepped over it, or if there was a puddle on the ground, the person should have walked around it.
They always argue that the injured person should have known that there was a dangerous condition and had every chance to avoid it, and that is what caused the injury. It is the job of an individual’s attorney to prove that the owner should have known of the danger, and that the injured person should be entitled to particular damages in their Tampa premises liability case.
Benefit of an Attorney
An experienced premises liability attorney can keep track and streamline the entire case from beginning to end to make sure that the injured party does not miss anything and that none of their rights are being violated. The attorney can handle the investigation on the front-end to make sure that the injured person can prove how the slip and fall or the premises liability case happened.
Further, they can gather surveillance tapes, witness statements, and analyze and compile medical records and medical bills. This is necessary for when it comes time to present the injured person’s case in front of the insurance company, the judge, or the jury, the attorney would have all the information necessary.