Lost wages and earning capacity
It’s not uncommon for some injuries to compromise your ability to work. This usually results in a loss of earning capacity and income. But your premises liability settlement can help you stay afloat. The property owner’s insurance company will reimburse all wages lost during recovery.
Pain and suffering
Pain and suffering compensation attaches a monetary value to the physical and emotional pain you suffered. It takes into account the severity and duration of the pain.
Factors Influencing Compensation Amounts
Besides the types of damages, there’s also the issue of your compensation amount. Here are a couple of factors that determine your settlement amount:
The severity of the injury
For starters, the court will consider how bad your injury is. Minor injuries attract lesser compensation amounts. The converse is true about major injuries. Injuries like spinal cord trauma and permanent brain injuries attract hefty settlement amounts.
Long-term impacts and disabilities
Sometimes, injuries sustained in premises liability accidents have long-term repercussions. Long-term impacts may include both temporary and permanent disability. Other long-term impacts are loss of mobility, vision, and disfigurement. Such impacts fetch larger settlement amounts in premises liability cases.
Liability and Negligence
The property owner also plays an integral part in determining the compensation amount. The court will examine how negligent the property owner was before the accident. You’ll get a higher compensation if the property owner knew about the hazard but intentionally ignored it. The compensation amount may also vary with the level of duty the property owner owes you.
Modified Comparative Negligence
A premises liability claim isn’t as easy as proving negligence and taking home the loot. In practice, it’s much more complicated, especially with the modified comparative negligence rule. Modified comparative negligence determines compensation eligibility and amount based on the involved parties’ fault.
In Georgia, a personal injury claim is void if the injured party shares more than 49% of the fault. The court also awards compensation based on your fault percentage. The more at fault you are, the less compensation you receive. Exceed 49%, and you go home with nothing.
Common Challenges in Premises Liability Cases
Any experienced premises liability lawyer knows that premises liability cases are no cakewalk. The biggest hurdle with such cases is proving liability and negligence. The injured victim must prove that the property owner neglected their duty of care. Furthermore, they should show that this negligence directly resulted in their injuries. Dog bites are among the hardest injuries to prove in a personal injury case.
Moreover, dealing with the property owner’s insurance company is nerve-racking because:
- These companies often have adjusters whose primary responsibility is to scrutinize your claim.
- They will offer the lowest possible settlement amount or try to deny your claim.
The Dressie Law Firm Can Help You
Contact us today to schedule your free consultation!