Compensation Available in a Los Angeles Premises Liability Case

A premises liability case seeks financial compensation from a property owner to make an accident victim whole again after a dangerous property defect causes an injury. In California, economic, non-economic and punitive damages can be available in premises liability cases. Understanding the potential value of your injury claim in Los Angeles can allow you to make informed decisions moving forward.

Present and Future Medical Bills

Economic damages refer to compensation awarded for the monetary losses suffered by an accident victim. The most common example is medical costs. A premises accident victim may receive compensation to cover hospital stays, treatments, surgeries, medications, physical therapy and rehabilitation costs, both now and in the future.

Lost Wages

Another common type of economic damages is lost wages, referring to lost income, tips, commissions and employment benefits due to the accident victim being unable to return to work. A victim can be reimbursed for missed days, sick days and vacation time taken while he or she is in recovery.

Lost Capacity to Earn (Disability)

If a slip and fall, dog attack or another type of premises liability accident causes a long-term or permanent injury, the victim may be entitled to damages for lost earning capacity. If a disability interferes with the victim’s ability to return to work at the same capacity or at all, a lifetime of missed wages and earning opportunities may be included in the payout.

Pain and Suffering

California law also allows for the recovery of non-economic damages for the intangible, personal or “invisible” losses suffered by an accident victim. Examples include:

• Physical pain or discomfort
• Emotional distress
• Mental anguish
• Post-traumatic stress disorder
• Depression or anxiety
• Loss of enjoyment of life
• Loss of consortium

Proving non-economic damages may require mental health care records, an injury diary, testimony from medical experts and witness accounts.

Property Damage and Out-of-Pocket Costs

If an accident on someone else’s property resulted in the loss or damage of personal property, the price to repair or replace damaged items can be included in a settlement or judgment award. Any other out-of-pocket costs paid for by the victim can also be added, such as travel and transportation expenses.

Punitive Damages

Although rare, a judge may also award punitive damages for a premises liability case in California. Rather than aiming to make the victim whole again, punitive damages are designed to punish a defendant for especially severe acts of wrongdoing. In California, punitive damages are available if the victim or plaintiff can prove oppression, fraud or malice with clear and convincing evidence.

Wrongful Death Damages

Sadly, some premises liability incidents in California are fatal for one or more victims. If you tragically lost a loved one in a deadly incident involving property owner negligence, your family may be entitled to various wrongful death damages. Common examples include burial and funeral costs, final medical bills, loss of consortium, and lost household services.

The Role of an Attorney in Maximizing Premises Liability Case Results

The compensation you may recover from a Los Angeles premises liability case can allow you to move forward with greater peace of mind and more financial stability. It is critical to achieve a fair settlement or jury verdict for your losses, especially if you or a loved one suffered catastrophic injuries. The most effective way to ensure a fair case outcome is by hiring an experienced premises liability lawyer in Los Angeles to represent you. A lawyer will give you a strategic advantage during insurance settlement negotiations or a premises liability trial, improving your case results. Contact Rose, Klein & Marias LLP today to start with a free case review.