Just as it may be important to document the facts of a slip and fall, so too may it be crucial to document the damages which may have been caused by the slip and fall. An experienced slip and fall lawyer could help with recovering damages in Oak Lawn slip and fall cases. A person may have the strongest case in the world that the defendant is responsible, but if they cannot prove damages, their claim may be worthless.
When recovering damages in Oak Lawn slip and fall cases, there are typically two types of damages someone can hope to receive: compensatory and punitive damages. Compensatory damages are meant to make up for what has been lost due to the defendant’s negligent conduct. In slip and fall cases, recovering compensatory damages may include money for medical bills and lost wages and non-economic damages for pain and suffering. Punitive damages are meant to punish the defendant for egregious conduct and to deter others from such actions.
As the burden on the defendant in an Oak Lawn slip and fall case could change depending on the nature of the injuries, severity may also change what is considered reasonable when recovering damages. If a plaintiff is catastrophically injured in a slip and fall that could have easily been prevented, the jury in a case may be more likely to hold the defendant liable. The court typically instructs the jury that sympathy alone should not be the basis for a finding of negligence against the defendant no matter how seriously injured a plaintiff may be.
In some states, there may be a cap on non-economic damages. Non-economic damages may include pain and suffering and disability. Conversely, economic damages may include things medical bills and lost wages. In states with caps on non-economic damages, a plaintiff cannot recover more than the cap imposed by the legislature no matter how seriously injured they may be. Juries are not told of these caps when deciding on compensation for an injured person. In states that have caps on damages, the legislature has determined that they should decide a limit on how much an injured person should receive rather than allow a jury to make that determination. If an individual wants to know more about recovering damages in Oak Lawn slip and fall cases and what to expect when pursuing compensation, they should consult a capable slip and fall lawyer.