Can You Be Compensated for a Concussion After a Slip and Fall?
Slip and fall accidents can occur unexpectedly, leaving victims with painful injuries and significant damages. One of the most common injuries that you can suffer in a slip and fall accident is a concussion. This type of traumatic brain injury (TBI) can significantly impact your life, from mounting medical bills to lost wages to significant pain and suffering. If you have suffered a concussion in a slip and fall accident, you may wonder if you can be compensated for your injury. So, can you be compensated for a concussion after a slip and fall? Yes, you may be eligible for compensation if your concussion resulted from someone else’s negligence. Read on to learn more!
Concussions in Slip and Fall Accidents
A concussion happens when the head suffers a sudden blow or jolt, which disrupts normal brain function. In the context of a slip and fall accident, a concussion may develop if you hit your head on a hard surface or if the fall causes a rapid, forceful movement. Depending on the severity of the injury, symptoms of a concussion can range from headache, nausea, and dizziness to memory issues, mood swings, and even permanent cognitive issues.
Unfortunately, concussions are not always immediately apparent after a slip and fall accident. Symptoms can take days, weeks, or even longer to occur. Delayed symptoms of a concussion can be especially dangerous as they may not be immediately associated with the accident. Common delayed symptoms of a concussion include worsening or persistent headaches, balance problems, and sensitivity to light and noise.
Elements to Prove
In Kentucky, property owners are legally required to maintain safe premises for visitors. This entails regularly inspecting their property for potential hazards, promptly addressing dangerous conditions, and providing adequate warning when a hazard cannot be addressed immediately. If a property owner fails to take these reasonable steps, they can be held liable if a visitor suffers an injury due to negligence.
To have a successful claim after suffering a concussion in a slip and fall accident in Kentucky, you must demonstrate that another party, usually a property owner or manager, was negligent in maintaining a safe premise. To prove negligence, you must show that;
- The defendant knew or should have known about the dangerous condition
- The defendant failed to address the hazardous condition or warn about the hazard in a reasonable amount of time.
- The dangerous condition directly caused your slip and fall accident and the resulting injury.
Evidence such as witness statements, photos and videos of the scene, surveillance footage, maintenance records, and medical records can be vital in proving your claim.
What Damages Can You Recover?
If you can prove all the elements of a negligence claim, you may be entitled to recover damages for various damages, including the following economic and non-economic damages;
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If the defendant’s conduct was especially reckless and egregious, you may be eligible to recover punitive damages on top of economic and non-economic damages.
Contact a London & Southeast Kentucky Slip & Fall Attorney
If you’ve suffered a concussion in a slip and fall accident because of another party’s negligence, contact our experienced London & Southeast Kentucky slip & fall attorneys at Cessna & George Law Firm for help recovering the compensation you deserve.
Source:
facs.org/advocacy/federal-legislation/liability/guide-to-liability-reform/ending-the-confusion/#:~:text=Economic%20damages%20refers,enjoyment%20of%20life.
