Damages and Compensation in Jackson Slip and Fall Claims
In slip and fall claims, victims may be entitled to various types of damages and compensation depending on the severity of their injuries and the circumstances of the accident. Three types of compensation may be available: economic damages, non-economic damages, and punitive damages.
Economic Damages
These damages involve losses with a clearly defined financial value. Medical bills and expenses, such as hospital bills, medications, physical therapy, and any future medical care, are all forms of economic damages that victims often claim.
Alongside these are lost wages. If the victim’s injury results in time away from work, they can claim compensation for the income they miss out on. Lost wages also cover a loss of future earning capacity in the event that an injury affects the victim’s ability to return to work in the future.
Non-Economic Damages
Unlike the damages described above, non-economic damages do not have an easily determined value. Instead, they are often measured by the impacts an injury has on a victim with regard to their emotional well-being.
For instance, a victim may seek to claim compensation for both the physical pain and emotional distress caused by their injuries. Such compensation will cover both their current and future suffering.
If the injuries prevent the victim from enjoying day-to-day activities and hobbies they once participated in, they may also seek compensation for a loss of enjoyment of life.
Lastly, compensation may also be awarded to the spouse or family of a victim for the loss of their usual companionship and support caused by the injuries.
Punitive Damages
Although less common, punitive damages may be awarded in cases where the negligence was particularly egregious. These are specifically intended to punish the wrongdoer and deter similar negligent actions in the future.
Who Is Responsible for a Slip and Fall Accident?
Determining responsibility for a slip and fall accident revolves around the concept of negligence. Proving negligence means showing that a duty to maintain safe conditions was breached and that such a breach directly caused the injuries. The party at fault is usually that which failed to uphold that duty of care.
Both commercial and residential property owners have a duty to ensure their premises are safe for visitors. If they fail to address or warn about a hazard that they knew or should have known about, they can be held liable. Likewise, rental property owners are responsible for maintaining common areas and making repairs when necessary. Failure to do so can lead to liability if a tenant or visitor is injured as a result.
Similar to property owners, both business owners and employers must maintain safe conditions for both their customers and workers. Doing so includes regularly inspecting the premises and promptly addressing any dangers like wet floors or loose carpeting. In workplace slip and fall accidents, the employer can be held responsible, especially if the accident resulted from a failure to follow safety regulations or provide adequate training.
If the incident occurs on public property, such as a sidewalk or public building, the responsible government entity could be liable if it was negligent in maintaining the property.
Lastly, companies contracted to perform maintenance or cleaning services that go on to neglect their duties and cause unsafe conditions can also be held accountable.
Time Limits to File a Claim After a Slip and Fall in Jackson
The time limit (known as the statute of limitations) to file a premises liability claim in Jackson is three years from the date of your accident. In other words, if you have suffered injuries from a slip and fall, you must file a lawsuit within three years to seek compensation for your losses.
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