What Damages Can Be Pursued in a Premises Liability Case?

Suppose you’re walking through a store when suddenly you slip on a wet floor. Or maybe you’re at a friend’s apartment and a faulty railing gives way, causing you to fall and hurt yourself. In situations like these, known as premises liability cases, you’re probably wondering, “What damages can be pursued in a premises liability case?”

Without this knowledge, you might end up shouldering the burden of medical expenses, pain and suffering, or property damage all on your own. The Fort Myers premises liability lawyers at Viles & Beckman can explain the different types of damages you can seek, how damages are calculated and what important deadlines you need to be prepared for. 

Get a clear understanding of the damages you can pursue in order to secure fair compensation for your injuries and losses. We provide you with the support and information needed to make secure decisions about your settlement options.

What Damages Can Be Pursued in a Premises Liability Case in Florida?

Just as in any personal injury case, your legal options will highly depend on the cost of recovery and the insurance coverage of the responsible party. Each premises liability claim deserves a tailored approach to estimate case value, but the typical settlement includes the following:

• Medical bills from hospital stays, rehab visits, surgeries, prescription costs, and other medical treatments required for full recovery.
• Lost income, including current lost wages and future reduced earning capacity due to injury. 
• Pain and suffering that includes emotional anguish, mental distress, or a reduced quality of life
• Property damage for any belongings damaged as a result of the premises liability incident. 

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Are There Any Additional Damages That Can Be Pursued in a Premises Liability Case?

In some instances, the pursuit for justice goes beyond just compensating the victim. Punitive damages is a powerful tool in which  the court may decide to impose additional compensatory  damages as a form of punishment. It’s rare and requires certain elements to be present but your attorney can pursue punitive damages in addition to your economic and non-economic losses. 

It’s a way to send a strong message, not just to the defendant but also to others who may consider acting recklessly. Punitive damages aren’t meant to directly compensate you but rather to make the wrongdoer think twice before repeating their harmful behavior.

How Are Damages Calculated in a Premises Liability Case?

Factors affecting damages calculation in a premises liability case can vary depending on the following circumstances of the incident:

1. Severity of injuries: The severity of the injuries sustained in a premises liability case plays a significant role in calculating the damages. More severe injuries that have a substantial impact on the individual’s life will generally result in higher compensation.
2. Impact on daily life and future state of recovery: The impact of the injuries on the individual’s daily life, such as the ability to perform daily activities, work, or engage in hobbies, is also considered when calculating damages. Additionally, your potential for long-term disabilities or ongoing medical treatment, is factored into the calculation.
3. Expert testimony and evidence: Expert testimony helps establish the extent of the injuries, the impact on the individual’s life, and the estimated costs associated with medical treatments and rehabilitation, while the evidence helps in accurately calculating the damages and ensuring fair compensation for the victim.

Viles & Beckman will do a thorough investigation into the details of your claim to uncover additional funds to include in your settlement demand letter. If needed, financial specialists will be employed to estimate future costs. With over 40 years of combined experience, our trusted legal team is highly efficient at maximizing the value of your claim. 

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What Factors Can Reduce Settlement Damages in a Florida Premises Liability Claim?

In a premises liability case in Florida, certain factors can affect the amount of settlement damages awarded. These factors include comparative negligence, assumption of risk, failure to mitigate damages, and lack of evidence or causation. 

To understand how these factors may apply to your case, it’s important to consult with an experienced premises liability attorney in Florida who can assess your specific situation and provide detailed legal advice.

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What Is the Time Limit for Pursuing Damages in a Florida Premises Liability Case?

Understanding the time limit, or statute of limitations, for pursuing damages in a premises liability case is crucial in any state. In Florida, the updated statute of limitations is now two years from the date of the incident. This window may seem like a lot of time, but after the investigation takes place, medical treatment starts, and negotiations begin, it goes fast.

Waiting can prevent you from collecting a settlement at all or force you to settle for whatever is offered before the deadline expires. It’s best to consult with a Fort Myers personal injury lawyer early on. They may even be able to find exceptions and variations, such as:

• Discovery rule
• Minors
• Government entities

It’s highly recommended to have your case evaluated by an experienced premises liability attorney in Fort Myers, FL. Our firm, Viles & Beckman, will work towards securing a settlement that not only covers your immediate financial needs but also accounts for the long-term impact of your injuries. 

If you’re wondering, “what damages can be pursued in a premises liability case?”, you can trust that we’ll fight passionately to ensure your voice is heard and your interests are represented. For personalized guidance based on the unique details of your situation, contact us today. 

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