Slipping, tripping, and falling can cause various types of injuries. Fractures, concussions, and spinal cord injuries can all result from even a simple fall. Recovery can be long and painful, requiring significant medical expenses.
When a fall occurs because of hazards on someone else’s property, the owner or occupier might be liable for your damages. At O’Connor, Acciani & Levy, a Dayton slip and fall lawyer could evaluate the circumstances of your accident and assist you in getting compensation for your injuries. Consult a knowledgeable attorney today to get the resources you need to move forward with your life.
Damages for Slip and Trip Injury Claims
Damages are sums of money an at-fault party pays to someone who suffered injuries as a result of negligence. An injured person (plaintiff) must prove their damages to receive compensation. A dedicated slip and fall attorney in Dayton could help a plaintiff assess and document the losses they might seek to recover through a civil claim.
Economic damages reimburse the victim for the expenses they incurred because of their injury. These might include:
- Medical expenses
- Cost of medical treatment that will be necessary in the future
- Lost income
- Diminished future earnings if the injured person cannot resume their former employment
- Other expenses the plaintiff incurred because of the injury
Non-economic damages compensate injured people for losses they experienced that do not have a fixed value. These could include payments for pain and suffering, disfigurement, lost enjoyment of life, and loss of consortium.
Proving Negligence in a Dayton Slip and Fall Lawsuit
A plaintiff seeking damages must prove that someone else’s negligence caused their injury. For instance, if the plaintiff was on the premises of a business when they fell, they must show that the property owner or manager did not use ordinary care to protect the plaintiff from the hazardous conditions.
In addition to demonstrating a failure to use ordinary care, the plaintiff must draw a connection between the defendant’s failure and the injury. The plaintiff must prove that their injuries could have been prevented through ordinary care. They also must show that their injury directly resulted from the fall.
Sometimes, a plaintiff may have also been negligent in a slip and fall accident. A plaintiff may still collect damages from the owner or occupier of the premises as long as the plaintiff was less than 50 percent responsible for the accident. However, a judge will reduce their damages award by a percentage that reflects their degree of responsibility for the incident. A skilled local attorney could help contest allegations of partial negligence to preserve the full value of a victim’s slip and fall claim.
Statute of Limitations for Tripping Accident Claims
Ohio Revised Code §2305.10 allows an injured person only two years from the date of their accident to file a lawsuit seeking damages. Failure to file within the statutory time period can prevent a plaintiff from getting the compensation they deserve.
Many slip and fall claims settle before the plaintiff actually files suit. However, plaintiffs should not wait to get an attorney. Securing legal representation soon after a slip and fall accident could signal to the defendants that the plaintiff intends to vigorously assert their right to appropriate compensation. This could result in a more generous settlement offer.
Work with a Trustworthy Dayton Slip and Fall Attorney
If you have been hurt in a fall on someone else’s property, a skilled attorney at O’Connor, Acciani & Levy can be a valuable ally. A Dayton slip and fall lawyer will handle communications with the property owner and their insurance company, allowing you to focus on healing from your injuries. Call and schedule a consultation today to begin working on a case for your recovery.