Damages is another word for the compensation awarded to injured individuals following a successful personal injury claim. This money is often used towards costly medical expenses, making up for wages lost while recovering, and lessening the sting of physical and emotional trauma.
Assessing damages in Memphis slip and fall claims can be complex, and a simple mistake could cause you to lose the funds you need to heal properly. Contact the Law Office of David E. Gordon and put your trust in a board-certified slip and fall attorney who can guide you through the process to achieve the best possible outcome in your circumstances.
In a Memphis slip and fall case, the compensation an injured party is entitled to assess and pursue includes economic and non-economic forms of loss. Economic damages are those that have bills or debts associated with them, such as medical treatment and lost wages. Non-economic damages are meant to compensate for things that do not carry an apparent monetary amount, like pain and suffering or loss of enjoyment of life.
There is also compensation available in some instances from punitive damages. These are only awarded when a person’s conduct is so egregious that it is thought to be beyond the bounds of a civilized society, and typically involves something particularly dangerous or illegal.
The amount of slip and fall damages available for a particular individual in Tennessee is often impacted by their age, as well as the severity of their injuries. If a physician indicates in their notes that a person has suffered a permanent injury, the individual is entitled to money for medical treatment and the pain and suffering they are likely to endure for the rest of their life.
This timeline is based on a table provided by the state legislature that estimates how long a particular person is expected to live, on average. For example, if a 33-year-old male suffers a spinal injury that results in surgery, they are entitled to money for the rest of their life, which would be about 44 years on average. A 60-year-old male who experiences the same injury would only be entitled to the value for the next 16 years.
In Memphis, recoverable damages after a trip or fall case are calculated by a jury of 12 citizens from the community. The jury hears the evidence of the medical charges, lost earnings, the extent of an individual’s pain and suffering, and the particulars of an individual’s loss of enjoyment of life. Then, the jury comes up with a figure that they believe fairly considers all these elements.
Due to the records of jury verdicts in Tennessee over the last 15 years, lawyers and insurance companies can predict the range of a jury’s verdict for a particular individual’s case. With this research and experience, most settlements can be finalized without a jury trial. If an agreement cannot be reached, the prosecution goes forward, and the jury decides the amount of the recoverable compensation.
It is important to note, however, that the number one aim of the insurance company is to pay an injured person as little as possible. Research indicates that individuals with legal representation get settlements three and a half times as great as unrepresented individuals.
Individuals who were injured due to the carelessness of another should not have to shoulder the burden of financial worry during an already stressful time. Compensation is available that can help cover medical bills, lost wages, and psychological harm.