In Mississippi, restaurant owners and operators must maintain their premises to a reasonably safe standard. Otherwise, they could be held liable for any accidents that result. For example, if the staff fails to mark an inconspicuous threshold, replace a furled mat, or clean up a spill in a timely manner and a patron ends up getting hurt, the establishment could be responsible for the associated damages.
If you slipped and fell at a restaurant, you’re probably wondering which damages could be recoverable. Thankfully, Mississippi allows personal injury claimants to seek compensation for both the economic and non-economic losses that they incur. Examples include:
- Medical Expenses: All the costs related to treating your injuries—and living with any permanent disabilities they cause—are recoverable. Examples include expenses for emergency care, hospitalizations, diagnostic imaging, home care, ongoing rehabilitation, and home and vehicle modifications needed to accommodate any new limitations.
- Lost Earnings: If you’re unable to work while recovering, you may include your lost wages in the settlement negations. And if your condition prevents you from returning to the workforce at all, you may also seek funds for loss of earning capacity and lost benefits.
- Pain and Suffering: The non-economic damages that injured parties suffer—including physical impairment, emotional distress, mental anguish, and loss of enjoyment in life—are every bit as real as the economic damages they incur. Since such losses are intangible, demonstrating their extent can pose a challenge. Thankfully, a resourceful personal injury attorney can help. You can support his or her efforts by keeping a journal in which you write daily entries about your condition and how it’s hurting your quality of life.
Punitive damages are rarely recoverable in slip and fall cases. Generally speaking, Mississippi only allows for a punitive award if the defendant’s conduct constituted gross negligence, malice, or fraud.
If restaurant staff purposely created a hazard as a kind of prank, for example, you might be entitled to punitive damages. Otherwise, though, you’ll probably only recover compensatory damages.
How Can I Prove the Extent of My Damages?
Before you can recover compensation for any of the losses listed above, you’ll have to prove that you did, in fact, incur them. Documentation that may contribute to the strength of your claim includes:
- Medical records;
- Diagnostic images;
- Hospital bills;
- Insurance statements;
- Copay receipts;
- Prescriptions;
- Paystubs;
- Tax returns;
- Statements from economists and industry experts who can speak on your career trajectory;
- Photographs of any visible wounds;
- Statements from friends, loved ones, and colleagues;
- Journal entries; and
- Psychological evaluations.
Call 601-487-8448 to Speak with a Premises Liability Attorney in Jackson
If you sustained serious injuries after slipping and falling on someone else’s property, contact Brown Bass & Jeter, PLLC. With the resources of a powerhouse practice and the personalized service of a small, local firm, we’ll help you pursue the compensation you deserve from all responsible parties. Call 601-487-8448 or use our Online Contact Form to set up a free consultation with a premises liability lawyer.
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