Slip and fall accidents happen every day, and shopping centres are no strangers to them. If you’re a lawyer taking on a slip and fall claim for a client, you must be aware of the details, laws, and possible damages associated with shopping centre slip and fall claims. In this blog post, we’ll walk you through all the crucial information you need to know to handle such cases with confidence and help your clients get the compensation they deserve.
What are Shopping Centre Slip and Fall Claims?
Shopping centre slip and fall claims arise when a visitor slips or trips and suffers an injury or damage as a result. Shopping centres have a legal obligation to provide a reasonable level of care to prevent accidents and injuries on their premises. If the visitor proves that the shopping centre breached this duty, leading to their injury, they can pursue a legal claim for compensation.
What are the Possible Damages in Shopping Centre Slip and Fall Claims?
Compensatory damages are the primary form of damages that victims can claim in shopping centre slip and fall accidents. These can include the following types of expenses:
1) Medical expenses, including hospitalization, surgery, rehabilitation therapy, medication, and other relevant costs.
2) Lost income, including wages and future earning capacity, if the victim was unable to work due to their injury.
3) Pain and suffering, including physical pain, emotional distress, and reduced quality of life.
4) Property damages, including any personal belongings that were damaged as a result of the slip and fall accident.
How to Prove Liability in a Shopping Centre Slip and Fall Claim?
Proving liability in shopping centre slip and fall claims typically requires the following:
1) The shopping centre had a duty of care to the visitor.
2) The shopping centre breached this duty of care, such as failing to address a known hazard.
3) The breach caused the visitor’s injury.
4) The injury led to damages that the victim could reasonably claim compensation for.
It’s worth noting that if the visitor contributed to their own injury through their own negligence, the total damages awarded may be reduced in proportion to their level of fault.
How to Use a Damages Calculator in Shopping Centre Slip and Fall Cases?
A damages calculator is a handy tool for personal injury lawyers and victims seeking to estimate the total amount of compensation they can potentially claim. Typically, a damages calculator takes into account the types of damages, the extent of injury, and other relevant factors such as lost wages and medical expenses. This can help lawyers negotiate a fair settlement or provide an estimate for their clients on how much they can claim in damages if the case proceeds to court.
The calculation of damages in a slip and fall claim often starts with the medical expenses incurred. This may include ambulance services, hospital bills, doctor’s fees, medications, and rehabilitation costs. The calculator then factors in the pain and suffering experienced by the injured person, including damages for emotional distress and psychological trauma.
This may vary depending on the severity of the injury, and other factors like prognosis, the duration of recovery and the impact of the injury on the person’s daily life.
Loss of wages is another critical factor that the calculator considers.
This refers to the income lost as a result of the injury, which may include missed workdays, reduced work hours, and even early retirement if the injury has caused permanent disability. If the injury resulted in permanent impairment, the damages calculator can also consider future income loss by calculating the person’s future earning capacity.
As a lawyer representing clients for shopping centre slip and fall claims, you need to be well-informed of the different factors that come into play to prove liability and estimate potential damages. We hope this guide has provided you with valuable information to tackle such cases with confidence and help your clients get the compensation they deserve. Remember, it’s not just about proving liability but also ensuring that your clients’ rights are protected and that they receive a fair and just outcome for their losses.