Property owners have a duty to provide a safe environment to visitors on their premises. When they fail to uphold this legal obligation that may be liable for any injuries that result from their negligent actions. If you suffered injuries after tripping and falling on another person’s property, you may have a viable claim for compensation. The attorneys at Kogan & DiSalvo could work diligently on your case and help you pursue Boca Raton slip and fall damages. Call today and set up a consultation with a seasoned Boca Raton slip and fall lawyer.
How to Maximize Recoverable Damages
When someone gets hurt in a slip and fall accident, they should take photographs of what caused their fall, report the fall to the on-site manager or property owner, and have an incident report created. After the accident, the individual should retain experienced attorneys who could help them obtain a copy of the incident report, locate and speak with any witnesses, and collect other forms of evidence. It is important to note that if a slip and fall victim is significantly injured, seeking medical attention should be their main priority.
Types of Damages Available in Slip and Fall Claims
A claimant may receive compensatory or punitive damages after a slip and fall case in Boca Raton. Compensatory damages are broken up into two different categories: economic and non-economic damages. Economic damages are objectively verifiable and may include past and future medical expenses, lost past and future earnings, loss of use of property, and costs of repair or replacement.
Non-economic damages may not be as easy to quantify because most may be subjective. Some non-monetary losses may include pain and suffering, inconvenience, emotional distress, loss of enjoyment of life, and loss of consortium.
Punitive damages are less likely to be awarded in a slip and fall case unless a plaintiff can prove that the defendant purposefully created a dangerous condition on their property to hurt them or other visitors intentionally. Judges do not award punitive damages to compensate any losses, but instead to punish the defendant for intentional misconduct. The Boca Raton slip and fall lawyers at Kogan & DiSalvo could assess a claimant’s case to determine what kinds of damages they may be entitled to based on their losses and the cause of their slip and fall injuries.
Damages for Catastrophic Injuries
Recoverable slip and fall damages in Boca Raton increase when someone sustains catastrophic injuries because the medical treatment protocol may be more complex, take a longer period of time, and may be more costly. Additionally, an accident victim may be out of work for a longer period of time or permanently, depending on the nature of their injuries. Catastrophic injuries adversely affect the quality of life much more than generic injuries, which may also lead to a higher compensatory award.
Damage Caps on Slip and Fall Cases
There is no cap on economic damages in slip and fall cases in Boca Raton except in sovereign immunity cases against the state. In that situation, the damage cap is $200,000 per person and $300,000 per accident. The state may waive its sovereign immunity in tort cases such as slip and fall accidents to take responsibility for their negligent actions, but they may be conservative in awarding compensation.
However, there is a cap on punitive damages. The state limits these damages to three times the amount of compensatory damages or $500,000, depending on which is greater.
Contact an Attorney to Discuss Slip and Fall Damages in Boca Raton
If you sustained injuries after a fall on someone else’s property, you should speak with the skilled lawyers at Kogan & DiSalvo to discuss Boca Raton slip and fall damages. They could evaluate your claim and work to maximize your compensatory award. Call today and schedule a free case consultation.