A slip and fall may seem like a relatively minor accident, especially when compared to other accident types, such as a car accident. While this is true to some extent – there are certainly slip and falls that cause only minor injuries to victims (as is the case with all accident types) – some slip and fall accidents can be catastrophic. From expensive and painful broken bone injuries to traumatic brain injuries, spinal cord injuries, and internal injuries, not all slip and falls are minor. When a serious slip and fall accident occurs that would not have happened but for the negligence of a property owner, filing a personal injury lawsuit can help the victim to recover compensation. The following considers what types of damages are recoverable in a slip and fall claim in Illinois:
Compensatory Damages
Compensatory damages are damages that are designed to compensate a victim for their losses. These losses may be both economic and noneconomic in nature. In a slip and fall claim, a plaintiff may seek compensatory damages for the following:
- Medical expenses. Most slip and fall incidents – even those that result in minor injuries – require some sort of medical attention. A plaintiff may seek compensation to recover the amount of money spent on medical bills, treatment, medications, etc.
- Lost wages. When a slip and fall is serious, a plaintiff may sustain injuries that prevent them from being able to return to work for days, weeks, or even years at a time. The plaintiff therefore has the right to seek compensation for the amount of lost wages, both present and future, that are related to the accident and injury.
- Emotional distress. A slip and fall accident can be emotionally distressing, and the plaintiff may suffer from posttraumatic stress disorder, depression, or anxiety as a result of the accident, incurred injuries, and loss of use of a body part or/and loss of enjoyment of life.
- Pain and suffering. Pain and suffering is a noneconomic damage type, and is meant to compensation the victim for any physical pain that they have suffered as a direct result of the accident.
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Punitive Damages
A court only awards punitive damages when the behavior of the defendant that caused the plaintiff’s injuries was fraudulent, intentional, willful, or wanton. The amount of punitive damages that a plaintiff may receive is based on the reprehensibility of the defendant’s conduct, the actual and potential harm that the defendant caused the plaintiff, and the amount of money that is necessary to punish the defendant and discourage others from taking similar actions in the future.
File Your Illinois Slip and Fall Claim Today
Do not undervalue your injuries and your claim; if you have suffered a slip and fall accident because of another’s negligence, you may have the right to seek damages in a civil action. To learn more about this right, the types and amount of damages possibly recoverable, and how to take action now, call experienced Illinois slip and fall lawyer Mary Ann Covone Attorney at Law at 708-246-4911.