Slip and fall injuries are personal injuries categorized under premises liability. Philadelphia courts deal with these cases every day since this type of accident is quite common. Many slips and falls do not result in injuries, but some hurt not only physically but also financially.
What Is Included in Compensation for a Slip and/or Fall?
This legal principle grants you the right to be compensated for the following:
- Loss of income: if the injury was so severe that you missed several days of work without pay or you couldn’t accept a work contract or complete a work contract, resulting in loss of income or penalty fees for breach of contract, you are entitled to compensation for loss of income if you can substantiate your claim.
- Medical expenses: expenses include the cost of emergency room visits and procedures undergone there, medication and medical devices, as well as therapy, rehabilitation, and future medical expenses.
- Pain and suffering: this is the most subjective category but can also substantially increase your remuneration. Under pain and suffering, you can be compensated for the following:
- Physical pain and discomfort directly resulting from the injuries: in some cases, such as those requiring the use of metal pins in bone fracture repair, a victim may never stop feeling pain following the surgery. Others who have sustained back injuries will never be able to lift loads of a certain weight without discomfort.
- Emotional distress: examples include mental anguish, emotional stress, loss of enjoyment of life, or sexual dysfunction. For instance, following a back injury, a mother can no longer carry her children and is afraid to walk on the street after a snowstorm for fear of falling.
What is the principle of modified comparative negligence, and how does it affect your compensation?
Pennsylvania employs the principle of modified comparative negligence. This means the remuneration you receive will decrease in proportion to the percentage of negligence assigned you. However, if you were found more than fifty percent negligent, you lose all right to compensation.
Let’s assume that you should receive $100,000 in compensation, but the jury determines that you were ten percent negligent. The total compensation amount will now be $90,000. If, however, in that same scenario, you were found fifty-one percent negligent, you would receive no compensation at all.
There are generally two ways to gain compensation: through a legal settlement or judgment. Most cases can be satisfactorily concluded through a settlement between the claimant and defendant. Nevertheless, if they cannot arrive at an agreement, the case goes to court, where a judgment will determine the amount of compensation.