What is the average premises liability settlement? It is impossible to provide an average premises liability settlement figure because of the numerous factors that make every case vastly different from the next. Premises liability aims to hold those who hurt you accountable for failing to maintain a reasonably safe environment.
The value of your claim depends on the type of injuries and losses you have, the strength of your evidence, and your ability to pursue maximum compensation under the law. Always speak with a Salt Lake City premises liability lawyer about your case.
The Severity of Your Injuries
One of the most impactful elements that determines your premises liability settlement value is the severity of your injuries. If you have minor injuries, such as scrapes, sprains, cuts, or soft tissue damage, it is likely that your compensation will be generally lower.
These types of injuries do not typically require extensive medical care or a long recovery period. By contrast, if you have any of the following types of injuries, you can expect to pay more in costs for care, driving up the value of your claim:
- Head injuries: Head injuries resulting in traumatic brain injuries, skull fractures, or other complications to cognitive function or well-being
- Spine injuries: This includes damage to the vertebrae, herniation of the discs, or nerve damage, resulting in losses such as partial or complete paralysis, chronic pain, or changes to mobility
- Broken bones: A simple fracture requiring surgery, crushing injuries, or other complex fractures resulting in a complicated or long-term injury
- Muscle damage with lasting complications: Torn ligaments and tendons that require surgery or lead to ongoing limitations
- Amputations: Including the amputation of arms, legs, hands, feet, or digits resulting from the injury or complications from the injury
- Disfigurement: Scarring from burns, lacerations, or surgeries, as well as changes to your face that cause permanent injury and mental anguish
Other types of serious injuries may also apply, and your Salt Lake City premises liability attorney will review the specific factors that make your injuries severe, driving up the value of your premises liability claim.
Always be open and honest about the complexities you face in these injuries and the implications they have for your day-to-day life.
For a free legal consultation, call (801) 266-0999
Average Premises Liability Settlement Factor: Whether You Will Recover
Most injuries in a premises liability claim, such as lacerations or bruises, heal within a matter of time, even with surgery or more advanced therapy. But there are some people who never fully regain their health and well-being.
You cannot be made “whole” again through time and healing. In those situations, your compensation recovery will be higher. Some examples of when this may apply include:
- You suffered paralysis, eliminating your ability to be mobile on your own.
- You suffered from post-traumatic stress disorder, resulting in severe symptoms and limitations to mental health.
- You lost one or more of your senses, such as your sight or ability to hear, due to the accident.
- Cognitive function changes, including changes in personality, behavior, or ability to reason, due to brain injuries
- Significant disfigurement, such as from third- or fourth-degree burns or amputations.
- Internal organ damage that cannot be fully improved and causes significant limitations.
These types of procedures typically require more hands-on support immediately after the accident and on an ongoing basis. You may be unable to do the things you used to and can no longer care for yourself. You may need additional compensation to cover ongoing expenses for your day-to-day care and support.
Economic Damages You Have
Your ability to document all of your economic losses is also important. If you simply file a claim for medical bills, that is all you will receive. Working with a skilled premises liability attorney minimizes the risk of missing critical damages.
Some examples of the losses you may be able to include as economic damages include:
- All current and future medical bills
- Transportation costs to and from appointments
- Missed time and bonuses from work
- Rehabilitation costs
- In-home support and care
Accurately documenting all of these losses can be critical to maximizing a claim. It is very common for victims not to realize the extent of their injuries and losses, or to fail to claim.
Proof of Non-Economic Damages
Also, note that you increase your compensation recovery by demonstrating proof of your non-economic damages. These losses are for pain and suffering, loss of quality of life, and emotional distress.
Your attorney will work closely with you to obtain evidence of these losses by speaking to friends and family, employers, mental health experts, and other resources. Non-economic damages can be harder to prove but are very much owed to you.
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Availability of Punitive Damages
Another factor that determines the average value of a premises liability settlement is the availability of punitive damages. It is never wise to expect to receive these damages, as they are not commonly awarded.
However, if your state awards punitive damages for egregious or intentional acts, you may receive those damages. For example, in Idaho, the state allows for punitive damages with a high standard of proof, but they are capped at $250,000 or three times the amount of compensatory damages.
In Utah, there must be clear and convincing evidence of willful, malicious, fraudulent, or reckless indifference to receive punitive damages. When applicable, these funds may be available, though the amount depends on the situation, specifically under Utah’s punitive damages law (Utah Code § 78B-8-201).
In Washington State, punitive damages are prohibited in most civil cases. They are typically only awarded when a state-specific statute allows for them, such as under consumer protection or civil rights violations. Your premises liability attorney will gather more data to determine if this type of compensation is available in your case.
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Seek Legal Guidance to Maximize Your Claim
Though there is no way to provide a true average premises liability settlement value, your attorney will use numerous methods to maximize the compensation owed to you.
At Siegfried & Jensen, we bring in experts and provide resources to give you access to the compensation owed to you.
Call or text (801) 266-0999 or complete a Free Case Evaluation form