If you’re injured on someone else’s property, it could be a result of negligent security. There are many ways a property owner can be negligent with security. These include poor lighting in dark areas, hallways, or parking lots; lack of video surveillance; lack of a trained security staff or no security staff at all; and/or inadequate locks to protect rooms and apartments.
When you’ve been hurt due to a lack of proper security, you may want to pursue a negligent security personal injury claim and wonder whether it’s worth your time and money. Understanding the potential value of your case can help you make informed decisions about whether to accept a settlement offer or pursue litigation. Here, the experienced attorneys at Peterson Law Firm discuss negligent security compensation and the factors that determine the value of this type of claim.
What Factors Into a Negligent Security Claim
As with any personal injury claim, the outcome depends on the circumstances of your case. It’s not possible to predict how much your case is worth, as every case is different. However, there are two factors that can significantly impact the value of your claim:
- The severity of your injuries and all of your financial and property losses
- How significantly the at-fault property owner deviated from their duty to keep the property safe
Once our attorneys investigate the accident and understand the circumstances of your case, we can evaluate these factors to help determine a fair settlement. Here are other factors we take into consideration for your negligent security case:
Medical Expenses
Medical costs typically form the foundation of any negligent security settlement calculation. These expenses can vary significantly based on:
- Immediate treatment needs. These can be substantial in assault cases resulting from negligent security. Emergency room visits, surgeries, hospital stays, and diagnostic tests create significant medical bills that can quickly reach tens of thousands of dollars, even with health insurance coverage.
- Ongoing rehabilitation costs. These are added to the financial burden when injuries require physical therapy, occupational therapy, or other specialized rehabilitation services. These treatments often continue for months or years, substantially increasing the overall medical expenses tied to your negligent security claim.
- Future medical requirements. These must be considered when calculating the value of your case. Serious injuries may require additional surgeries, ongoing medication, medical equipment, or long-term care. Medical experts can help establish the anticipated cost of future treatment to ensure your settlement accounts for these expenses.
- Psychological treatment expenses. These are legitimate damages in negligent security cases. Victims of crimes often experience post-traumatic stress disorder (PTSD), anxiety, depression, or other psychological conditions requiring professional treatment. These mental health treatment costs should be included in your compensation claim.
- Home modification costs. These may be necessary if your injuries result in permanent disabilities. Wheelchair ramps, widened doorways, accessible bathrooms, or other home modifications represent additional expenses that should factor into your settlement amount.
Lost Wages and Earning Capacity
When injuries occur due to inadequate security, victims often face significant financial losses beyond medical bills. Your settlement should account for the following:
- Missed time at work. This represents an immediate financial impact when injuries prevent you from performing your job. Your settlement should include compensation for all wages, bonuses, commissions, and other benefits lost during your recovery period, even if you used sick leave or vacation time.
- Reduced earning ability. This affects long-term financial security when injuries result in permanent limitations. If you cannot return to your previous position or must work fewer hours due to your injuries, the difference between your pre-injury and post-injury earning capacity should be calculated as part of your damages.
- Loss of career advancement. This should be considered when injuries interfere with educational opportunities or career progression. If your injuries prevent you from completing training programs, pursuing promotions, or otherwise advancing in your field, these lost opportunities represent compensable damages in your negligent security case.
- Retirement benefit reductions. This occurs when injuries force early retirement or reduce retirement plan contributions. These long-term financial consequences should be calculated by economic experts and included in your negligent security settlement demand.
Pain and Suffering Damages
Non-economic damages often represent a substantial portion of negligent security settlements, compensating victims for the following:
Your Physical Pain
You should receive compensation based on factors including pain severity, treatment requirements, and duration. Medical records, pain management prescriptions, and testimony about how pain limits daily activities help establish the value of this component of your negligent security settlement.
Your Emotional Distress
This merits significant consideration in negligent security cases. Being the victim of a crime due to inadequate security often causes severe psychological trauma beyond physical injuries. Fear, anxiety, sleep disturbances, and other emotional consequences represent compensable damages.
Your Loss of Enjoyment
This affects quality of life when injuries prevent participation in previously enjoyed activities. If you can no longer play sports, engage in hobbies, or participate in family activities due to your injuries, these losses deserve compensation as part of your negligent security settlement.
Permanent Disfigurement
This recognizes the ongoing psychological impact of visible scars or other physical changes resulting from your injuries. Facial scars, amputations, burn marks, or other permanent physical changes often justify increased settlement amounts in negligent security cases.
The Impact on Relationships
This sometimes occurs when serious injuries affect intimate relationships or family dynamics. Loss of consortium claims may be available to compensate for these effects on marital relationships and family interactions resulting from negligent security incidents.
Property Damage
It’s possible for negligent security to result in the following types of property damage:
Personal property destruction. This can occur frequently during criminal attacks facilitated by inadequate security. Compensation should cover the repair or replacement value of damaged clothing, jewelry, electronic devices, or other personal items, considering depreciation and replacement costs.
Vehicle damage expenses. This may result from criminal incidents in parking lots or garages with inadequate security. Repair costs, diminished value claims, and rental car expenses during repairs represent compensable damages in these situations.
Contact Peterson Law Firm for Your Negligent Security Claim
Negligent security cases can be challenging to prove, especially when they involve serious injuries or property damage. Our premises liability lawyers can help determine if you have a case and explain how best to pursue compensation. If you've been injured in a premises liability accident, it's important to speak with our experienced lawyers as soon as possible. Read our case results to see how we’ve helped other victims of negligent security just like you.