Under Maryland premises liability laws, business and property owners have a duty to keep their spaces safe and free from foreseeable hazards. Failure to comply with this duty increases the potential for slip and fall accidents. So victims can hold the party in control of the property accountable for breach. Monetary damages in these cases aim to compensate for all losses stemming from the accident. This includes medical costs, pain and suffering, and emotional distress.
However, victims of any age have no doubt experienced some type of injury in the past. This can blur the lines with the current trauma. As a result, there can be significant challenges in recovering full compensation when a slip and fall accident aggravates a medical condition. Retaining a Baltimore County slip and fall attorney is critical under the circumstances, but a few facts about pre-existing injuries in premises liability cases are also helpful.
The key challenge is causation.
Liability in slip and falls is based upon negligence. This requires you to prove that your injuries were directly caused by the property owner’s breach. When the accident exacerbates a medical condition you already have, it can be difficult to establish this causal link. You must convince the insurance company that it was the current incident that caused the injury to worsen, after it had already stabilized and you were fully recovered.
Pre-existing injuries implicate the statute of limitations.
Every US state has a deadline for bringing a slip and fall lawsuit, and the statute of limitations in Maryland is three years. If you do not sue in court before this time period expires, you are barred from obtaining monetary damages. In some cases, an insurance company will try to claim that the statute of limitations has already run on a pre-existing condition that you sustained long ago.
Calculating damages is more complex.
Victims are entitled to compensation for all losses they suffer in a slip and fall. However, damages can be complicated when you are comparing what amounts to TWO separate injuries. You might incur higher medical bills because of special treatment required for the aggravated condition. It may be longer before you heal.
Evidence for overcoming challenges.
The best strategy for ensuring you get full compensation is first proving your state of health after the pre-existing injury, but immediately before the slip and fall. Then, you need evidence demonstrating how your medical condition has worsened after the accident. The most important proof for this position will be medical records generated for the previous and current treatment.
A Maryland Slip and Fall Lawyer Will Help Overcome Challenges
These facts are helpful in explaining the hurdles you may encounter when trying to recover compensation in a slip and fall accident. You can see how pre-existing injuries complicate things. Instead of losing out on monetary damages, retain legal counsel for assistance with your case. You can set up a no-cost case review with attorney Michael A. Freedman by calling 410.363.6848 or checking us out online.