If you have sustained injuries on somebody’s property or on public property due to the negligence of the property owner, you can claim compensation for your damages. However, many slip and fall cases are considered frivolous and compensation may be hard to come by. If the evidence is strong that there is gross negligence on the part of the property owner, the court can, however, award a substantial amount.
Many factors will influence the compensation amount:
The Type of Injury
The first important factor is the seriousness of the injury. If the injury is minor and there is no permanent damage, then the compensation awarded will be subsequently less. If the injury is serious, the victim will have to prove convincingly that the dangerous situation was the direct cause of the injury and the injury was not pre-existing before the accident. Proper medical documentation can prove this effectively, and in such a case, positively impact compensation.
A Professional Setback
The court will also factor in the decrease in earning power or the loss of income of the victim due to the injury. This means, the earning capacity, or income of the person at the time of the accident plays a major role.
All Things Considered
The court can also consider if the victim has already received any compensation from the insurance company or any other source. The court might limit the compensation amount to the extent the person has already received funds. Additionally, the court might also consider if the victim has delayed filing a claim with an insurance company, since this will have a negative impact on the case.