Arriving At A Final Award In A Premise Liability Case

Premise liabilities define how the owner failed to provide an environment which is maintained reasonably. This implies that the owner corrected any conditions that could present a hazard to visitors. Among the basic factors that identify a premise liability is when the owner is aware fully of these conditions and makes a conscious choice to ignore it. This choice is only one of many reasons; the judge renders a decision in favor of the victim.

What is the Basis of Your Award?

With slip and fall injuries, the judge reviews a multitude of factors. The common sense factors include medical expenses, funeral costs for fatalities, and the potential for future costs. Economic awards, however, aren’t based solely on these few elements.

An accident injury could cost the victim so much more than financially-tied concepts. Awards are based on loss of cosortium, quality of life, and loss of companionship as well. These concepts are filed by the victim or their family. With the loss of cosortium, the victim’s spouse files based on an inability to maintain the relationship. This implies that the injury changed the victim severely and resulted in behavioral or emotional alterations. These implications are linked to loss of companionship in some cases.



A slip and fall, which reduced the victim’s quality of life could include a disfigurement or brain damage. This could include injuries that prevented them from continuing to participate in activities, which are urgently important to them. In some instances, this may fall under tort rulings associated with pain and suffering.

How are Awards Calculated?

A slip and fall lawsuits could provide an estimate for your potential award. They’d begin with the victim’s out of pocket expenses. This includes medical bills, lost wages, and future treatment for this injury. Next, they calculate values based on loss of limbs or organs and included tort rulings. This includes distinctions for partial or permanent disabilities. And, lastly, a valuation is assigned for the impact on the victim’s life.

While the attorney presents you with an estimate of this total value, the decision is in the hands of a jury and the presiding judge. Initially, the jury presents a decision identifying if they believe the defendant was liable and a valuation for compensation. The judge may alter this decision at their discretion.

After an injury, your life is changed forever. The severity of your injuries dictates how much of an impact this occurrence makes. This includes the determination as to whether or not you could provide for your family in the future. After an injury connected to a premise liability, you should contact David Resnick Slip and Fall Accident Lawyers without delay.