When you are injured on someone else’s property, understanding the types of damages you may be entitled to can be crucial in your pursuit of justice and compensation. In a premises liability claim, damages can encompass a range of financial and emotional impacts, from covering medical expenses and lost wages to addressing long-term pain and suffering. Our experienced premises liability attorneys are dedicated to thoroughly evaluating every aspect of your incident to ensure that all potential damages are accounted for.
Your recovery is our priority, and we are here to help you secure the relief you need during a difficult time. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya to learn more about available damages in a Wilmington premises liability case.
What to Know About Damages
You may be asking yourself what the term damages means. In civil cases (in other words, cases that do not pertain to a criminal charge brought by the government against the defendant), damages are a term referring to the remedy that a party requests the court award them to compensate their losses after an accident. Typically, damages are in the form of financial compensation. Three types of damages are available across the country: economic, non-economic, and punitive.
Economic Damages
Economic damages are “tangible” in the sense that receipts or monetary amounts document the costs. Some common examples include present and future medical bills, loss of income, reduced earning ability, and property damage.
Non-Economic Damages
Non-economic damages are more subjective. They include concepts like mental anguish, temporary or permanent disability, pain and suffering, and a reduced quality of life.
Punitive Damages
Punitive damages are exemplary damages. They are designed to punish the defendant and deter future similar actions by the defendant and others. These damages are usually at the court’s discretion. Courts do not often apply punitive damages unless the defendant’s behavior is particularly egregious.
It is best to consult with a Wilmington attorney who can gauge the damages you can successfully seek in your premises liability case.
Factors That Can Affect Damages
Many factors can affect the damages an injured person can potentially receive for a Wilmington premises liability case. The most important thing is that the injured person must be able to prove that someone else was negligent and, therefore, responsible for their injuries. There are four elements of negligence they must establish:
- The property owner had a duty to provide reasonable care to the plaintiff
- The owner violated that duty of care
- The owner’s conduct caused the plaintiff’s injuries
- The plaintiff sustained legally recognized injuries as a result
In addition, Delaware’s statute of limitations is an essential factor that can affect your damages. The statute of limitations is a law that sets a time limit for when someone can sue regarding a certain issue. If a plaintiff misses the time period that applies to their case, they could lose the chance to seek compensation. In Delaware, injured people have two years from the date of injury to file their lawsuit and seek financial recovery for their losses.
Modified Comparative Negligence
Delaware is one of several states that follow the modified comparative negligence model. This means an injured person’s own negligence is measured into a percentage, which affects the possible amount of damages their lawsuit can win. For example, if a person is found to hold 10 percent of the total liability for the incident, their total damage award would be reduced by 10 percent. Additionally, they are not entitled to compensation if they are more than 50 % at fault for the incident.
Contact a Wilmington Attorney for More Guidance on Damages in Premises Liability Cases
Many factors can affect how much you win when you file a premises liability lawsuit. Insurance companies and the defendant’s attorneys will do their best to blame you to avoid paying you what you truly deserve. Who you hire to negotiate with insurance companies or argue on your behalf in front of a judge should not detrimentally affect the damages you win. You deserve to have someone on your side that has the skills to help you win. Call Doroshow, Pasquale, Krawitz, & Bhaya today to learn more about damages in a Wilmington premises liability case.