Assessing DC Slip and Fall Damages

Slip and fall incidents can happen without warning, often in resulting in painful injuries. Those injuries can sometimes cost a lot to treat. That is why it is important to retain the services of a seasoned slip and fall lawyer that has experience assessing DC slip and fall damages. Speak with a capable attorney that could fight tirelessly in pursuit of a positive outcome for you.

Actions to Take to Maximize Recoverable Damages

A person injured in a slip and fall should get medical care as soon as possible. When someone believes they are injured, the insurance company may claim that the accident did not cause their injury. When a person has a slip and fall and they have pain, the first thing they should do after taking a picture of what caused them fall and get witness information, is go to the hospital or their doctor. Following treatment, they should consult an attorney who can determine who is at-fault in their case. Once liability has been determined, slip and fall lawyers typically look at lost wages when assessing DC slip and fall damages. They look at the age of the plaintiff, and their medical expenses that resulted from their injuries because of the slip and fall.

Damages in Slip and Fall Cases

There are two types of damages in a slip and fall case: economic and non-economic. Economic damages are lost wages past and future, and current and future medical bills. Non-economic damages are not easily quantifiable. They include pain and suffering, loss of companionship, disability or disfigurement, and loss of enjoyment of life. There are no caps on damages in Washington, D.C.

It is rare that punitive damages are awarded in a slip and fall case. If there is a case where defendants did something blatantly illegal such as toxic dumping outside a restaurant and they were warned against that on multiple occasions but continued the activity, a person might recover punitive damages.

How do Recoverable Damages Change if Someone Has Sustained Catastrophic Injuries?

The more serious the injury, the bigger the award possibility in slip and fall cases. If someone suffers a catastrophic injury in addition to lost wages and medical care, they are entitled to future medical care and future lost wages. The value of the claim rises exponentially, particularly if someone is in their 30s and 40’s and suffers a catastrophic injury such as paralysis. They are going to need medical care for the next three years and may be unable to work for the next 40 years, so the value of their claim goes up substantially. That is why it is important to consider age and the severity of the injury when assessing DC slip and fall damages.

Role of Damages in Establishing Responsibility

Assessing damages is a separate inquiry from establishing liability. One could be horribly injured and that might be no one’s fault. The damages go to the value of the claim, whereas, liability is whether the person is responsible. The only time there is an analysis of whether the damages dictate responsibility is when the damages could have been prevented by reasonable care. That is a negligence question. If the negligence is because the cost of making a repair would be too high, a party is not owed with that duty. For instance, there is no need to bombproof a building because there is no reason to believe people are at risk for a bomb. The cost of bomb proofing is so expensive it is unreasonable to weigh against what happened.

Steps a DC Slip and Fall Attorney Can Take to Help

Following your injury in a slip and fall accident, you should speak with a skilled attorney that could take steps to build your claim. The attorney could obtain your medical records and get statements and pictures regarding the accident. The could also investigate who owns the property, who leases the property, and what caused the accident. Your lawyer could review your medical records and file a claim letter. If the claim letter does not resolve in the settlement, they could file a lawsuit to proceed to litigation. If you have been injured in a slip and fall case, speak with a capable attorney that could examine your case and begin assessing DC slip and fall damages to see what you are owed.