A balcony collapse can cause devastating injuries. These injuries can cause debilitating and often times life altering injuries. Each case is different with respect to these types of injuries and the facts need to be carefully evaluated. In many cases the defense will argue that the plaintiff or injured party was intoxicated at the time of the accident. While this may be accurate in certain cases, it does not prevent the injured party from seeking recovery for his injuries. If you or your loved ones were injured from a collapsing balcony or fell from a open balcony you may be entitled to recovery for your injuries
Who is liable
Liability on these types of cases can be extended to a number of different parties. Here are three parties that can be held liable for the injuries sustained from a balcony collapse or if you fell out of a balcony. First, the property owner or establishment. Second, the party responsible for maintaining the property or the party who designed the structure can be responsible. Third, the hotel or property manager can hold a degree of responsibility when it comes to such injuries.
Liability cannot immediately be established in any such case. It requires careful consideration of all the necessary facts and elements. In many cases each party can hold a degree of responsibility when it comes to the injuries you have sustained. Such cases require each responsible defendant to pay an equal portion for their fault. However, this can ultimately be up to either the mediator, judge or jury.
In certain cases a degree of liability can also be imposed on the client. What this means is that you can be liable to a certain degree for your injuries. This will apply if you were intoxicated at the time of the incident or if you had any type of involvement to cause the injury. While this will not block you from obtaining a settlement, it can potentially reduce the value of your claim.
What determines the value of a case? In short case value is determined by the degree of the injury. Depending on how bad the injuries were you can determine the value of the case. For example if you suffered minor injuries the value of the case will be minimized. In contrast if the injuries were catastrophic you will be entitled to a greater level of compensation. There are two other points I would like to mention with regards to case value. First, injuries are not only physical. You can also recover for mental anguish or fear caused as a result of the incident. Second, policy limitations will also be a contributing factor in regards what your recovery may be. For example if the at fault establishment carries a $100,000 policy to cover such loses it is likely that you will be limited to these policies.
However, this is not always the case when it comes to these types of cases. In fact in many cases you can exceed the policy limits if the case is set up properly.
One of the most common injuries we have seen in these types of cases are traumatic brain injuries. Traumatic brain injuries are those that occur when the potential client suffers a serious head injury. Head injuries can be some of the most severe injuries that can occur. When dealing with head injuries it is important to have a diagnosis to determine what the extent of your injuries.
Traumatic brain injuries or mild traumatic brain injuries can have devastating impacts, which can be permanent. Brain injuries can be classified in a number of different categories each carrying a different level of injuries. If you have been hurt the key is getting the correct type of treatment for your injuries. It is important that you seek proper treatment that can really help in getting you to a better position with regards to your traumatic brain injury.
If you or your loved one has been injured we would like to hear from you. Our office handles a degree of significant and catastrophic injury cases and would be interested in hearing from you.