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Understanding Compensation: What Can You Claim?

Jared Bingham • August 6, 2024

When you suffer a personal injury due to someone else's negligence, it's important to understand what compensation you may be entitled to. Knowing what you can claim helps ensure that you receive the full benefits you deserve to cover your losses and support your recovery. Let's break down the various types of compensation available in personal injury cases:

1. Medical Expenses

Medical expenses are often the largest part of a personal injury claim. These can include:

Immediate medical costs: Emergency room visits, surgeries, and hospital stays.
Ongoing medical treatment: Physical therapy, follow-up visits, and prescription medications.
Future medical expenses: Costs related to long-term care or anticipated future treatments.

2. Lost Wages

If you have missed work due to your injury, you can claim compensation for lost wages. This includes:

Current lost income: The wages you’ve already lost due to your injury.
Future lost income: If your injury affects your ability to work in the future, you can claim for projected loss of income.

3. Loss of Earning Capacity

In some cases, an injury might permanently limit your ability to earn a living. Compensation for loss of earning capacity addresses the difference between your earnings before the injury and what you can expect to earn going forward.

4. Pain and Suffering

Pain and suffering compensation covers the physical pain and emotional distress inflicted by your injury. This type of compensation is more subjective and can vary based on the severity of the injury, the impact on your daily life, and the duration of your suffering.

5. Emotional Distress

Separate from pain and suffering, emotional distress compensation addresses psychological impacts such as anxiety, depression, and trauma that often occurs from the injury. This may require testimony from mental health professionals to substantiate your claim.

6. Loss of Consortium

Loss of consortium pertains to the negative impact your injury has on your relationship with your spouse. This can include loss of companionship and affection. In some jurisdictions, children can also claim loss of consortium for the impact on their relationship with an injured parent.

7. Property Damage

If your personal property was damaged in the incident that caused your injury (e.g., a car accident), you can claim compensation for repair or replacement costs.

8. Punitive Damages

In cases where the defendant's behavior was particularly reckless or malicious, the court might award punitive damages. These are intended to punish the defendant and hopefully prevent similar conduct in the future. Punitive damages are given in addition to compensatory damages.

9. Out-of-Pocket Expenses

You can also claim any out-of-pocket expenses incurred as a result of your injury. This can include costs like transportation to medical appointments, home modifications, or hiring help for household chores you can no longer perform.

How to Maximize Your Compensation

Document Everything: Keep detailed records of all your medical treatments, lost workdays, and expenses related to your injury.
Seek Legal Advice: An experienced personal injury lawyer can help you understand the full extent of your claim and navigate the legal process.
Follow Medical Advice: Adhere to your doctor's recommendations to show that you are taking your recovery seriously.
Keep a Journal: Record your pain levels, emotional state, and how the injury affects your daily life to support your claim for pain and suffering.

Understanding the various types of compensation available in personal injury cases is essential for ensuring that you receive the full benefits you're entitled to. At JDB Law, PLLC, we are dedicated to helping you navigate the complexities of personal injury claims and securing the compensation you deserve. If you've been injured, contact us today for a free consultation and let us help you on your road to recovery.

Contact Us

If you have any questions or need legal assistance with your personal injury claim, don't hesitate to reach out to us. Our experienced attorneys are here to help you every step of the way.

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Do I Have A Slip And Fall Case?

By Jared Bingham • October 28, 2024

Do You Have a Case If You Slip and Fall on Someone’s Property? Here’s What Determines Liability If you’ve slipped and fallen on someone’s property , you may wonder whether you have a legal case. Not all falls lead to compensation, but under certain circumstances, property owners may be held responsible. Here’s what you need to know about premises liability and the key factors that determine whether you may have a viable case. Understanding Premises Liability Premises liability is a legal principle that holds property owners accountable for injuries that occur on their property due to unsafe or hazardous conditions. Under this principle, if you slip and fall because of a hazard that the property owner knew about (or should have known about) and failed to address, you may have grounds for a personal injury claim. Key Factors That Determine Whether You Have a Case Duty of Care Owed by the Property Owner Property owners have a legal obligation to maintain safe conditions for anyone lawfully on their property. The extent of this duty depends on the relationship between the owner and the visitor. For instance: Invitees (such as customers in a store) are owed the highest duty of care. Property owners must regularly inspect and repair any hazards. Licensees (like social guests) are owed a reasonable duty of care but not to the same extent as invitees. Trespassers typically are not owed any duty of care, although exceptions can exist, particularly if the trespasser is a child. Understanding whether you were an invitee, licensee, or trespasser can help clarify the property owner’s level of responsibility for your safety. Existence of a Dangerous Condition To have a case, there must be evidence of a hazardous condition on the property. Common hazards that can lead to slip-and-fall accidents include: Wet or slippery floors (from spills, rain, or leaks) Uneven or damaged flooring (such as loose tiles or torn carpets) Poor lighting that obscures hazards Cluttered walkways or obstructed paths Photos, witness testimony, and other documentation can support your claim if you can show the hazard was present and contributed to your fall. Property Owner’s Knowledge of the Hazard Simply slipping and falling isn’t enough to establish liability. You must show that the property owner knew (or reasonably should have known) about the hazardous condition and failed to fix it. Evidence of negligence can include: Previous complaints about the hazard from other visitors Surveillance footage showing how long the hazard was present Records of inspections or maintenance that may reveal a lack of upkeep The more proof you have of the property owner’s awareness of the hazard, the stronger your case may be. Whether You Exercised Reasonable Care Courts often consider whether you were acting reasonably at the time of your fall. For example, if you were running or using your phone while walking, a judge might find that you share some responsibility for the accident. In Utah and many other states, a legal concept called comparative negligence applies, meaning that your compensation could be reduced based on your level of fault. Injury Severity and Causation For a slip-and-fall claim to be successful, you must prove not only that a hazard caused your fall but also that the fall led to actual harm. Common injuries from slip-and-fall incidents include fractures, head injuries, sprains, and back injuries. Medical records are crucial here; they demonstrate the severity of your injuries and connect them to the fall. How a Personal Injury Lawyer Can Help Determining whether you have a viable slip-and-fall case can be complex, especially when it comes to gathering evidence and proving negligence. A personal injury lawyer can help by: Investigating the accident scene and gathering evidence Negotiating with insurance companies on your behalf Filing a claim within Utah’s statute of limitations Representing you in court if a fair settlement cannot be reached Conclusion Not every slip and fall incident results in a successful personal injury case. However, if the property owner failed to maintain a safe environment, knew about the hazard, and didn’t act, you might have a valid claim. Seeking advice from a skilled personal injury attorney can provide insight into your case’s potential, helping you understand your rights and next steps. If you have questions about a recent slip and fall, contact us for a free consultation to discuss your options.