Premises liability claims arise when a person is injured on someone else’s property due to unsafe or hazardous conditions. In New York City, the fast-paced, urban environment can present various dangers, from slippery sidewalks to poorly maintained buildings. When such accidents occur, victims may be entitled to compensation for their injuries. Read this blog and reach out to a seasoned Bronx slip and fall lawyer at The Law Office of Richard M. Kenny to learn more about the damages you can recover in a successful premises liability claim.
What Are Compensatory Damages in a Premises Liability Claim?
Compensatory damages are the most common type of damages awarded in premises liability cases. They are designed to compensate the injured party for the losses they have suffered due to the accident. These damages can be broken down into two main categories: economic and non-economic damages.
Economic damages refer to tangible financial losses, such as medical bills, lost wages, and property damage. For instance, if you slip and fall in a grocery store and break your arm, the cost of your medical treatment, any necessary rehabilitation, and the wages you lose while unable to work would all fall under economic damages. These damages are relatively straightforward to calculate because they involve concrete numbers and receipts.
Non-economic damages, on the other hand, are more subjective and harder to quantify. They include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. For example, if your injury prevents you from participating in activities you once enjoyed or causes chronic pain, these experiences would be considered under non-economic damages. While these damages are less tangible, they are no less important in ensuring that you are fully compensated for your injuries.
Can I Recover Punitive Damages in a Premises Liability Claim?
In certain circumstances, you may be able to recover punitive damages in a premises liability claim. Unlike compensatory damages, which are intended to make the injured party whole, punitive damages are meant to punish the property owner for particularly egregious behavior and deter similar conduct in the future.
Punitive damages are not awarded in every case. They are typically reserved for situations where the property owner acted with gross negligence or intentional misconduct. For instance, if a landlord knowingly allowed dangerous conditions to persist on their property, leading to a tenant’s injury, a court might award punitive damages to penalize the landlord’s reckless disregard for safety.
In New York City, the standard for awarding punitive damages is high. The plaintiff must prove that the defendant’s actions were so reckless or malicious that they deserve punishment beyond mere compensation. While challenging to obtain, punitive damages can significantly increase the value of your claim and send a strong message that such behavior will not be tolerated.
How Do I Prove My Damages in a Premises Liability Claim?
To recover damages in a premises liability claim, it is essential to prove both the existence and the extent of your damages. This requires thorough documentation and often the assistance of experts.
For economic damages, keep detailed records of all expenses related to your injury, including medical bills, prescription costs, and receipts for any services required during your recovery, such as transportation or home care. Additionally, if you are claiming lost wages, you will need to provide evidence of your income before the injury and any documentation from your employer regarding your inability to work.
Proving non-economic damages can be more challenging. It often involves testimony from medical professionals, psychologists, and other experts who can speak to the impact of your injuries on your quality of life. Personal testimony and statements from friends and family can also help to illustrate the emotional and psychological toll the injury has taken on you.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
