If you were hurt in a slip and fall accident, you may have a claim against the property owner and wonder how much you can collect damages.
However, assessing damages in Mankato slip and fall claims requires an analysis of many factors. The slip and fall attorneys at our firm cannot predict the exact value of your claim, but we can explain the factors that may influence the amount of damages you receive.
“Damages” is the legal term for the compensation you can receive for harm experienced due to an injury. There are several categories of damages.
Anyone who proves that another party’s negligence led to their injury may be entitled to economic and non-economic compensatory damages. Rarely, an injured person may prove they are entitled to punitive damages.
Economic damages are awarded for financial expenses with a fixed or easily ascertained value. Examples of economic damages include:
If your injuries require ongoing medical treatment, you can include future medical expenses in a claim. If a slip and fall leaves you permanently disabled, the property owner may be liable for your diminished future earning capacity.
Non-economic damages compensate you for the impact an injury has on your quality of life. You can receive non-economic damages for inconvenience, emotional distress, disfigurement or scarring, physical pain, and temporary or permanent disability.
Injured people may be entitled to punitive or exemplary damages in some circumstances. Minnesota Statute § 549.20 allows an injured person to seek punitive damages if they can demonstrate that a defendant deliberately ignored or disregarded the safety of others.
Punitive damages can only be awarded if a case goes to trial. Negotiations often lead to a reasonable settlement, and only a small percentage of cases ever reach the trial stage. A skilled Mankato attorney can evaluate evidence supporting punitive damages in an appropriate case and leverage it to obtain a more generous settlement for a slip and fall claim.
If you have documentation of your injury-related economic damages, you may receive compensation for them. If you are claiming future damages, opinions from medical experts and evaluations by an economist to determine your future medical expenses and lost earning capacity may be required.
Non-economic harm is more subjective. The amount you will receive depends on factors such as:
A Mankato lawyer can discuss with you how these factors may impact the assessment of your slip and fall damages claim.
You must consider whether your conduct will impact the damages you are awarded. The state’s comparative negligence law under Minnesota Statutes § 604.01 allows an injured person to collect compensation even if their conduct contributed to their damages unless they are primarily responsible.
If you were partially responsible for the fall or if your injuries, you may not be able to collect 100 percent of your damages. Instead, the amount you collect will be reduced by a percentage equal to your degree of responsibility.
Assessing damages in Mankato slip and fall claims is not an exact process. However, an experienced attorney can help you document your damages and explain the factors that may impact how much you collect.
Our firm, which is based in Mankato but serves surrounding areas, offers free initial consultations. Contact us today to schedule a time to discuss your claim.
