Suffering an injury on someone else’s property can be a traumatic experience. If your injury resulted from the property owner’s negligence, you may be entitled to file a claim for damages. What types of compensation can you recover in a premises liability lawsuit?
Understanding the various forms of compensation available can help you pursue the full extent of what you are owed. Here is what you should know.
What Compensation Can You Get in a Premises Liability Lawsuit?
When a property owner fails to maintain a safe environment and a lawful visitor becomes injured, a premises liability case can arise. The victims in these situations can seek compensation for both economic and non-economic losses.
Importantly, liability in these cases may fall on either the occupier of the land or on the property owner. In Pennsylvania, an “owner out of possession” generally is not liable unless they knew of a dangerous condition or had a contractual duty to maintain the premises. A detailed investigation is required to determine the proper responsible party.
Economic damages serve to offset measurable financial losses, such as medical expenses, lost wages, and property damage. By contrast, non-economic damages reflect losses that are not directly measurable, such as pain and suffering, emotional distress, and loss of consortium.
Medical Expenses
Medical expenses are among the most significant recoverable costs in a premises liability case. They can include:
- Emergency room visits or hospital stays
- Surgeries and follow-up care
- Prescription medications
- Assistive devices like crutches or wheelchairs
- Physical or occupational therapy and other rehabilitation services
- Future medical treatments for long-term injuries.
Make it a point to hold on to all medical records and bills to prove the extent of your injuries and the expenses you have incurred as a result.
Lost Wages and Earning Capacity
When you are unable to work because of an injury, you may be entitled to compensation for:
- Wages lost due to time off work
- Reduced earning capacity if you cannot return to your previous job
- Loss of benefits your employer provided.
Even if you return to work in a limited capacity, there may be a difference between your previous earnings and your new reduced income. Fortunately, you can seek compensation to make up the difference.
Other Financial Losses
In addition to medical and employment-related expenses, victims of premises liability injuries may also seek reimbursement for:
- Home modifications due to permanent disability
- Transportation to and from medical appointments
- Property damage if you lost any personal belongings in the accident.
A government entity, insurance company, or other third party may also have a lien against your recovery. This is a complex area of the law. Whether a lien applies—and the amount of any reimbursement—can vary depending on the nature of the case, the type of insurance involved, and the source of healthcare coverage. This should always be discussed with your attorney.
It is important to document your various losses thoroughly to ensure that you receive sufficient compensation. A qualified personal injury attorney can help determine what losses you may be able to recover in your situation.
Contact Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters today at (570) 323-8711 to learn more about how we can assist you with your claim.
Pain and Suffering
Compensation for pain and suffering acknowledges the physical pain and discomfort the victim experiences due to an injury. It can be influenced by several factors, including:
- The nature and severity of the injury
- The estimated length of recovery
- The possibility of permanent disability.
While pain and suffering are considered non-economic impacts, they are nonetheless an important consideration, as they can take a heavy toll on all aspects of an injury victim’s life.
Emotional Distress and Suffering
In addition to physical pain, accidents and resulting injuries can have negative psychological effects, leading to mental health concerns like depression, anxiety, or post-traumatic stress disorder (PTSD). Compensation may be available to cover residual anxiety or fear or loss of enjoyment of life after the accident.
Loss of Consortium
If your injury has harmed your relationship with your spouse or family members, you may be entitled to compensation for loss of consortium. These damages are specifically for loss of companionship, intimacy, support, or the ability to engage in normal relationships.
Factors That Affect Compensation in a Premises Liability Case
Liability
In order to obtain compensation in a premises liability case, you must establish liability on the part of the property owner or manager. It can be helpful to ask the following questions:
- Was the property owner aware of the hazard that injured me?
- Were warning signs posted to inform lawful visitors of the potential danger?
- Were reasonable steps taken to prevent the accident?
If the answers point to negligence, the victim may have a strong case for compensation. Fall down cases are a common example of how property owner negligence can contribute to personal injuries.
Comparative Negligence
Pennsylvania follows a modified comparative negligence rule, which means your compensation may be reduced if you are found to be partially responsible for the accident. If you are more than 50% at fault, you may be unable to recover any damages.
Severity and Long-Term Effects of the Injury
When an injury is severe and long-lasting or permanent, higher compensation becomes a possibility. When considering the extent of damages a victim can receive, courts consider conditions like permanent disability, the need for ongoing medical treatment, and the impact on the victim’s day-to-day life and employment.
Wrongful Death Claims in Premises Liability Cases
When a premises liability accident results in anavoidable death, the victim’s surviving family members have the right to pursue a wrongful death claim. These cases make available additional compensation to cover various costs associated with the loss of life, including:
- Funeral and burial costs
- Loss of the deceased’s income and financial support
- Emotional distress and suffering of the surviving relatives
- Loss of companionship.
The nature of wrongful death claims makes them more complex than traditional premises liability claims. However, it is crucial for the surviving loved ones to exercise their right to pursue such a claim, especially when there is financial need.
How an Attorney Can Help Maximize Your Compensation
The Benefits of Skilled Legal Advocacy
Managing a premises liability claim on your own can be difficult, and property owners and their insurance companies have a way of complicating matters and attempting to minimize payouts. When you have an experienced attorney on your side, they can help by:
- Gathering and presenting strong evidence to support your claim
- Negotiating with insurers to reach a fair settlement
- Representing you in court if needed.
Your lawyer will be there throughout the legal process to uphold your rights, promote your interests, and make sure you get the outstanding representation you deserve.
Schedule a Free Telephone Consultation Today
If you or someone you love has been injured because of hazardous conditions on someone else’s property, you do not have to face the aftermath alone.
Premises liability law in Pennsylvania is complex. Questions of ownership, control, and notice—as well as liens and insurance recovery—can make a major difference in your outcome.
Contact Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters today at (570) 323-8711 to discuss your legal options and learn how we can help you move forward.
