Am I entitled to compensation after a negligent security related injury?
Should a case go to trial, there are certain things that the judge will consider before making a decision. The main aspects of what’s considered when hearing a negligent security case include, but are not limited to the following:
- What is the age of the plaintiff? Are they elderly or minor children?
- Life expectancy of the plaintiff (had he or she not sustained injury due to the defendant’s (in this case the business owner or landlord) actions–if the victim tragically passed away, were they in good health before they suffered fatal injuries?
- The quality of life a victim of a violent crime had prior to the pain and suffering sustained due to the actions of the defendant.
- Lost wages, future earnings: While two very separate categories, both however look at the financial side of the case in different ways. Lost wages investigates whether the victim has lost significant income due to their injuries–incurring medical expenses and debt due to being out of work immediately following their injuries? Future earnings uncovers whether a victim is unable to return to the job they held prior to their injuries, thus decreasing their future earning potential for themselves and their family.
When it comes to negligent security, and in turn premises liability, the plaintiff will be asked show very specific details that deem the defendant responsible (liable) for their pain and suffering. When it comes to a negligent security action, the lawyer is required to provide proof on behalf of their injured client that the property or business owner failed in their duty of care, to act in a manner considered reasonable for the safety o f their patrons.