Determining what damages you can receive for a premises liability claim involves a few different factors, including the evidence available in your case and the personal injury laws in your state. In general, the damages that may be available fall into two categories: economic and non-economic.
Within these categories, you may be able to build a claim for damages like:
- Medical expenses
- Damaged property
- Loss of income
- Diminished capacity to earn future income
- Pain and suffering
Damages that May Be Available in a Premises Liability Claim
As in any personal injury case, premises liability cases can help victims of negligence pursue a variety of damages. The most obvious category of damages that often comes to mind in these cases is medical expenses.
Many of these incidents involve injuries that require immediate and ongoing medical attention. The expenses you are able to recover may pertain to:
- Hospital stays
- Doctor’s visits, including trips to see specialists
- Physical therapy
- Assistive devices
If the injuries you suffered impacted your ability to work in any way, loss of income is another category of compensable damages. Compensation may also be available for property that was damaged in the incident, whether you need to repair or replace it.
To recover any of these damages, you will need to be able to present evidence of them when building your claim. In some cases, you may also be able to argue for non-economic damages, such as mental anguish and pain and suffering. These are harder to prove and estimate, but they can be equally important to your recovery.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Calculating Your Damages
Once you identify the damages you have suffered and determine if they are compensable under state law, you need to estimate their overall value. Depending on the damages you qualify for receiving, this can involve several steps.
First, you can add up the cost of your accident-related expenses. This part may be relatively simple, as it requires reviewing bills from your hospital stay, doctor’s visits, treatments, and prescriptions. You can also add any out-of-pocket costs for repairing or replacing your property.
Then, you will want to consider your loss of income. If you were out of work while recovering, previous pay stubs can be used to estimate the income you were unable to earn during that time due to your injuries. Estimating future lost income can be more complex but it is equally, if not more important if your injuries will prevent you from returning to work in the same capacity.
Calculating Non-Economic Damages
Calculating the value of non-economic damages is often the most difficult part of handling a premises liability claim. These do not have their own monetary value, which means you must use other methods to assign a value to them. Personal injury attorneys often have several methods of doing so, which is why it may be worth seeking legal help.
Once you calculate these damages individually, the total you arrive at will become the settlement offer or court award you seek in your premises liability case.
Limits on Personal Injury Damages in Louisiana
Many states place limits on the amount of damages a victim can pursue. Known as “damage caps,” some of these limits pertain to the type of case being pursued, while others only apply to certain types of damages—particularly non-economic damages, like pain and suffering.
Louisiana is a state that enforces such caps in certain scenarios. In general, there is no limit to the amount of compensation a personal injury victim can recover, including when it comes to premises liability claims. However, Louisiana Revised Statutes (RS) §13:5106 outlines a damage cap for cases against government entities.
What if Your Damages Involve the Government?
If your injuries occurred on government property or because of a government entity’s negligence, this statute will likely apply if you initiate a claim for compensation. The statute of limitations on filing a lawsuit will also be shorter in such a case and involve additional deadlines and steps.
Navigating these statutes can be difficult without legal knowledge, which is another reason why hiring an attorney is often beneficial. Your lawyer can also help you identify the specific damages that may be available to you and determine their overall value.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
We Can Help You Valuate the Damages in Your Case
Making sure that you get the compensation you need after suffering an injury is a number-one priority in a premises liability case. Our team offers free, no-obligation case assessments to potential clients like you in and around Lafayette to get you started on the path to financial recovery. Let us advocate for you in every way we can. Call (337) 777-7777 to get started.