When you enter public or private spaces, you have a reasonable expectation of safety. Whether you are visiting a shopping mall, an apartment building, a hotel, or any other property, you expect the property owners to take steps to protect you from harm. However, when they fail to provide adequate security, they may be held liable for any harm that occurs on their property. This legal responsibility falls under what is known as negligent security. Negligent security cases arise when a property owner’s lack of proper security measures leads to a crime or injury, causing someone to suffer harm. In these cases, victims may be able to recover damages for their losses. Understanding what types of damages can be recovered in a negligent security case is essential for anyone who has been affected by such an incident.
In a negligent security case, damages are intended to help victims recover financially, physically, and emotionally. These damages can cover medical bills, pain and suffering, lost wages, and even future expenses related to the injury. By pursuing damages, victims may be able to regain some control and find relief from the losses they experienced because of the property owner’s failure to provide adequate safety measures. At, Andrews, Bernstein & Maranto, PLLC, we are here to guide you through the legal process and help you navigate the complexities of your case.
Medical Expenses
One of the primary damages that victims seek to recover in a negligent security case is the cost of medical treatment. When someone is injured due to inadequate security, the resulting medical bills can quickly become overwhelming. Medical expenses in these cases may include costs for emergency room visits, surgeries, hospital stays, medications, and physical therapy. For victims who require long-term care or rehabilitation, these expenses can continue for years after the incident. Recovering damages for medical expenses is essential to helping victims afford the care they need to heal and return to a sense of normalcy.
In addition to the initial costs, victims may also incur expenses for future medical treatment. If the injuries are severe and require ongoing treatment, the damages awarded may account for future medical costs as well. By seeking compensation for medical expenses, victims can avoid the financial burden of these costs and focus on their recovery. This category of damages is particularly important for those who have sustained life-altering injuries, as it provides them with the financial resources they need to access necessary medical care.
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Lost Wages and Loss of Earning Capacity
In a negligent security case, victims may also recover damages for lost wages. Injuries resulting from inadequate security can force victims to take time off work, leading to a loss of income. For some individuals, the time away from work may only be temporary, but for others, the injuries may permanently affect their ability to earn an income. Damages for lost wages aim to cover the earnings lost due to missed work, allowing victims to recover financially from their absence.
In addition to recovering lost wages, victims may also be able to recover damages for the loss of earning capacity. This occurs when the injuries are severe enough to impact the victim’s future ability to work. For example, if someone sustains an injury that limits their mobility or causes chronic pain, they may no longer be able to perform the duties of their previous job. In these cases, the damages awarded for loss of earning capacity can help make up for the victim’s reduced ability to earn an income in the future.
Loss of earning capacity can have a significant impact on a victim’s financial stability, especially if they are unable to find alternative work or are forced to take a lower-paying job. These damages are meant to account for the long-term effects of the injuries on the victim’s life, helping them maintain their financial security even if they cannot work as they once did. For victims who face lifelong challenges due to their injuries, compensation for lost wages and earning capacity can provide critical financial support.
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Pain and Suffering
In addition to economic damages, victims of negligent security incidents may also be able to recover compensation for pain and suffering. Pain and suffering refer to the physical and emotional distress that the victim endures because of their injuries. This type of damage considers the physical pain, mental anguish, and emotional trauma caused by the incident. While pain and suffering are not easily measured in financial terms, they are very real and can have a lasting impact on the victim’s quality of life.
For example, a victim who was assaulted due to poor security in an apartment complex may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) as a result. Pain and suffering damages aim to compensate for these non-economic effects, acknowledging the significant impact that the incident has had on the victim’s mental and emotional well-being. Courts often consider the severity of the injuries, the victim’s age, and the impact on their daily life when determining an appropriate amount for pain and suffering damages.
Pain and suffering can be challenging to prove, but with the help of a skilled attorney, victims can present evidence of their emotional distress and its effect on their lives. Testimony from therapists, medical records, and personal statements can all help demonstrate the extent of the victim’s pain and suffering. These damages recognize the psychological toll of negligent security incidents and provide victims with financial support to help them cope with their trauma.
Loss of Enjoyment of Life
Another type of non-economic damage that victims may recover in a negligent security case is compensation for the loss of enjoyment of life. When someone is injured due to inadequate security, they may no longer be able to participate in activities they once enjoyed. This could include hobbies, sports, or spending time with loved ones. Loss of enjoyment of life damages are intended to recognize the impact that the injuries have on the victim’s ability to experience joy and satisfaction in their daily life.
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For example, if a person who was once active and loved sports is left with a permanent injury that prevents them from playing, this change can have a lasting impact on their overall happiness. Loss of enjoyment of life damages are designed to compensate for this reduction in quality of life, helping victims find some relief for the things they can no longer experience. These damages acknowledge that life-altering injuries can affect more than just the physical body and that the emotional impact of these changes is worthy of recognition and compensation.
Punitive Damages
In some cases, victims of negligent security incidents may be able to recover punitive damages. Unlike compensatory damages, which aim to cover the victim’s losses, punitive damages are intended to punish the property owner for particularly reckless or negligent behavior. Punitive damages are usually awarded in cases where the property owner’s actions were especially careless or showed a complete disregard for the safety of others.
Punitive damages serve as a warning to other property owners, showing them the serious consequences of failing to provide adequate security measures. These damages are not awarded in every negligent security case, but they can be a powerful tool in holding property owners accountable for their actions. When a court determines that the property owner’s behavior was egregious, it may choose to award punitive damages as a way of deterring similar conduct in the future.
Punitive damages can significantly increase the amount of compensation that victims receive, providing them with additional financial support while also reinforcing the importance of responsible property management. These damages are an important part of the justice process, as they help to protect the public by discouraging property owners from engaging in reckless behavior that puts people at risk.
Verdicts & Settlements
Property Damages
In some negligent security cases, victims may also experience property damage as a result of the incident. For instance, if someone’s personal belongings were damaged or stolen during a crime that occurred due to inadequate security, they may be able to recover damages for these losses. Property damages can include compensation for lost or damaged items such as phones, wallets, or other valuables that were affected during the incident.
While property damages may not be the largest part of a negligent security case, they are still an important consideration for victims who have lost valuable possessions. Recovering compensation for property damages allows victims to replace or repair their belongings, helping them restore a sense of normalcy after the incident. This category of damages acknowledges that negligent security can impact not only a person’s health and well-being but also their personal property.
If you or someone you know has been injured because of inadequate security on someone else’s property, it is essential to understand your rights and options. Navigating a negligent security case can be challenging, but with the right guidance, you can pursue the compensation you deserve for your losses. At Andrews, Bernstein & Maranto, PLLC, we are here to help you seek justice and hold property owners accountable. Our experienced team is committed to providing the support and advocacy you need during this difficult time. Contact us today to learn more about how we can assist you in your pursuit of fair compensation.