How Much Is My Premises Liability Case Worth?

The financial impact of unanticipated injuries is staggering. In 2013 alone, nearly $671 billion was lost in productivity and lifetime medical expenses due to accidental injuries and violent altercations.

Besides healthcare bills and lost income, personal injury victims often have to cope psychological injuries such as depression and adjustment disorders. Although nothing can undo the trauma of such a devastating event, the injured party may be able to recover compensation for both their economic damages (medical bills, lost income, etc.) and non-economic damages like pain and suffering.

If you were hurt in a slip and fall accident, you might have grounds for a premises liability claim. The costs associated with a serious fall can add up quickly, so it’s only natural to wonder how much your case might be worth.

There are dozens of factors that can influence the potential value of a slip and fall case. We’ve outlined a few of them below:

1. The Strength of the Available Evidence 

If you have concrete evidence that the property owner failed to maintain the premises to a reasonable standard and this negligence caused your fall, proving liability might be relatively straightforward. But if you did not gather evidence before the hazard was fixed or if the opposing party is arguing that you were partially liable, this could complicate matters. A skilled attorney can help you gather all available evidence so your claim is as strong as possible before entering settlement negotiations. 

2. The Extent of Your Damages (and Your Own Liability) 

Naturally, more severe injuries often warrant more compensation; however, your monetary award may be reduced if you were partially at fault for the incident. For example, if you ignored signs, cones, or tape marking off the area, you might be considered partially (or entirely) liable.

In the state of Minnesota, personal injury payouts are reduced by the claimant’s own percentage of fault. Additionally, those who are deemed more than 50 percent liable are barred from recovering anything at all. 

3. Whether a Punitive Award Is Warranted 

Most premises liability cases do not warrant punitive damages. A judge will only order a punitive award if the liable party’s actions—or lack thereof—demonstrated a deliberate disregard for the rights, health, or safety of others. In other words, punitive damages might be recoverable if the property owner knew or should have known that his or her behavior had a high chance of causing bodily injury yet proceeded with the behavior regardless.

In rare circumstances, the liable party’s actions following the incident may also warrant a punitive award. For instance, if he or she destroys critical evidence to cover up negligence, the judge may consider that enough of a transgression to order punitive damages. 

Discuss Your Case with a Premises Liability Lawyer in St. Cloud 

If you want to file a premises liability claim in Minnesota, turn to the strategic personal injury attorneys at Bradshaw & Bryant. Our legal team will conduct a thorough investigation and gather the evidence needed to give your case the best possible chance of success. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a premises liability attorney in St. Cloud.