Property owners owe you a duty of care when they open the door to welcome you into their establishment. Homeowners hold the same type of duty of care when they have the legal right to be there. When they fail to take steps to keep you safe, you can seek a claim that incorporates all of your losses. However, it is up to you to know what damages you can recover in a Philadelphia slip and fall accident.
Hiring a legal team to help you matters. At Kwartler Manus, our Philadelphia slip and fall accident lawyer will work closely with you to determine what all of your losses are and help you recover those damages fully.
Economic Losses After a Philadelphia Slip and Fall Accident
The first step of loss is economic losses, or those that are easily documented because they have a clear assigned value to them. Some examples of the types of damages you may have that fall into this area include:
- Medical bills: This includes all medical expenses you have for your injuries, including emergent care you receive, follow-ups, hospitalizations, therapy, and rehabilitation, and associated losses
- Future medical bills: If you are likely to need continued care for months or years to come, or need follow-up procedures in the future, these costs may fall in line with your claim
- Loss of income: If you could not go to work for a period of time, you may be able to seek damages that include the lost wages you have, loss of bonuses expected, and any other benefits you did not receive because you were not at work
- Loss of income capacity: In situations where you cannot return to the same job or your return will not be to the same earning capacity, your claim should include these losses
- Damage to property: If your slip and fall accident resulted in damage to your belongings, such as your phone or laptop, that may be a component of your claim
Most other out-of-pocket costs you have related to the accident could fall into this type of claim as well. You must document that the cost is specific to the accident or results from your limitations from the accident.
Non-economic Losses After a Slip and Fall Accident in Philadelphia
Non-economic losses are a bit different because they are more subjective. It is harder to pinpoint a specific value for them because you do not have a bill and cannot document the value outright. However, these are very important types of claims in most situations. Some examples of your non-economic damages in a slip and fall accident include:
- Pain and suffering: Serious injuries can mean significant pain and suffering at the time of the incident, as well as ongoing throughout the recovery process
- Emotional turmoil and mental anguish: In a tragic situation, you may face some level of emotional strife, including the onset of conditions like post-traumatic stress disorder, anxiety, or depression
- Loss of quality of life: A person with serious injuries and impairment may struggle to recover, and that could impact hobbies and activities they enjoy doing
- Loss of consortium: Serious injuries may contribute to your difficulty in maintaining relationships, including intimate relationships with others
- Disfigurement: Another difficult-to-value claim is disfigurement, which may occur due to scarring, burns, or amputations resulting from the accident
Non-economic damages are valuable. They help you to recover not just financially from the accident but throughout all aspects of your life.
Comparative Negligence in Pennsylvania
Under Pennsylvania’s modified comparative negligence system, you can recover damages for the losses you suffer as long as you are not at a larger percentage of fault. That is, if your actions contributed to the accident, you must demonstrate your percentage of fault is no more than 50%. If it is, then you cannot file a claim against the other party.
If you have a percentage of fault under 50%, such as the court determining you are 20% at fault, you can still file a claim. The value of your claim drops by the percentage of fault you have. That means, for example, your claim to losses is 20% lower than your total losses. This is an important part of this process. Your attorney will work to make sure this percentage of fault is as low as possible, if applicable at all.
Let Our Philadelphia Slip and Fall Accident Lawyer Guide You
At Kwartler Manus, our slip and fall accident attorney in Philadelphia will investigate your claim and gather information about all of the losses you have. That includes losses related to your current injuries and losses, as well as those you are likely to suffer in the future. With the help of your lawyer, you will know what your claim value is.
Do not settle with the insurance company before speaking to an attorney. Let our Philadelphia slip and fall accident lawyer offer insight into all of the losses that may apply in your case. We will fight to secure full compensation so you can get back to living your life. Call today to schedule a free consultation.