Trip-and-Fall Lawsuits: Damages
Victims of a trip-and-fall incident incur numerous damages: loss of work income, loss of the ability to work in the future, medical and physical therapy bills, pain and suffering, loss of quality of life, loss of friendship and consortium, and more. Trip-and-fall lawsuits originate from an untimely trip over dangerously bumpy terrain, and the inevitable fall resulting therefrom.
Damages from a trip and fall need to involve a legally “cognizable,” substantial injury. Inconvenience, temporary pain, and temporary injuries that heal themselves without medical intervention may not be sufficient to count towards damages.
There are 2 main kinds of damages in trip-and-fall cases: special and general. Special damages are also called “compensatory,” “actual,” or “economic” damages. These are damages that cover calculable economic loss, such as medical expenses, lost wages, and replacement of damaged property. Compensatory damages put the injured party in the position he would have been in but for the accident.
The second category of damages is called general damages. General damages reflect noncalculable losses that the plaintiff has suffered, including pain and suffering, emotional distress, compensation for a shortened life expectancy, loss of the companionship of a family member or loved one, loss of reputation, and more. It is in this area that the jury really has the leverage to award what it feels the plaintiff deserves.
Punitive, or “exemplary” damages, are not often awarded in trip-and-fall cases. Punitive damages punish defendant’s willful or malicious misconduct. Property owners almost never purposely construct a hidden danger designed to trip-up passersby. However, owners digging a concealed pit near their residence for a few laughs would be held liable for punitive damages.
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Last Modified: 05-11-2009 04:19 PM PDT
