Disclaimer: Our law firm does not handle slip and fall cases. This article is for informational purposes only. The article’s information does not constitute formal legal advice or create an attorney/client relationship.
Slip and fall accidents can raise important questions about property owner responsibility, hazardous conditions, and an injured person’s right to recover compensation. These claims are generally governed by premises liability law, which examines whether a property owner or occupier failed to exercise reasonable care to maintain safe conditions.
Because every case depends on its own facts, including how the accident occurred and the nature of the injuries, understanding the legal framework can help you better evaluate your options. If you have been injured in a slip and fall accident, a lawyer can help you.
How Can a Slip and Fall Accident Lawyer Help Me?
A lawyer can take on the following responsibilities for you:
- Conducting an investigation into your fall
- Locating any evidence, including video footage, witness statements, accident reports, and testimony from expert witnesses
- Identifying the exact cause of your injury
- Defending you if, and when, the insurance company blames you for the fall
- Determining who is responsible for paying your damages
- Rejecting any lowball insurance offers and negotiating for a full settlement
Recovering from a slip and fall can feel overwhelming, especially when you are dealing with injuries, medical bills, and calls from the insurance company. An attorney can handle the legal side of things, protect your rights, and pursue compensation for your losses while you focus on healing.
Where Do Slip and Fall Accidents Often Take Place?
Slip and fall accidents can happen virtually anywhere. If you were injured due to a fall on someone else’s property, you may have a valid personal injury case.
Common places where slip and fall accidents occur include:
- Restaurants and bars
- Retail stores
- Shopping malls
- Nightclubs
- Schools and daycares
- College campuses
- Rental apartment complexes
- Gyms
- Sports and entertainment venues
- Big box and warehouse stores
- Public parks and playgrounds
- Parking lots and parking garages
- Hospitals
- Hotels
- Nursing homes
- Office buildings
Establishing liability after a slip and fall accident can be difficult. Your attorney will gather evidence and work to build the strongest case possible.
What Is My Slip and Fall Accident Case Worth?
The value of your slip and fall injury case will depend on many different factors. Generally, the extent of your losses will be the most important consideration.
More specifically, the factors that your slip and fall injury attorney will evaluate when assessing the value of your personal injury claim include:
- The type of injuries involved
- Anticipated future costs, including medical bills, rehabilitation, assistance, etc.
- How the injury impacts your earnings, both during recovery and in the future
- The strength of any allegations that you share fault for the fall injury
- Your prospects for making a full recovery
- How the injury has changed your life
- The strength of your evidence
- Whether your case settles or goes to trial
Because all personal injury cases are unique, it’s best to consult with a slip and fall lawyer about your specific case value. However, remember that victims who hire experienced attorneys tend to walk away with higher settlements. Your lawyer’s negotiating skills and experience can be critical to making a full financial recovery.
What Types of Damages Are Available to Victims of Slips, Trips, and Falls?
You may be faced with significant physical challenges after a slip and fall. Physical limitations are almost always expensive. As a victim, you can pursue compensation for your economic damages and non-economic damages if someone else is responsible for your fall injuries.
Common examples of these compensatory damages include:
- Past and future medical expenses
- Rehabilitation and therapy
- Lost wages during recovery
- Lost future earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Anxiety
- Depression
- PTSD
- Scarring
- Loss of consortium
Your lawyer will be committed to helping you recover the full compensation you deserve.
How Much Does It Cost to Hire a Slip and Fall Lawyer in West Virginia?
Most personal injury attorneys work on a contingency fee basis. You don’t pay any attorneys’ fees when you hire a lawyer. Instead, you agree to pay a percentage of your settlement or verdict if they recover compensation in your case.
Can I Recover Damages if I’m Being Blamed for a Slip and Fall Accident in West Virginia?
Under West Virginia’s modified comparative negligence law, you can recover partial compensation as long as your share of fault is 50% or less. In other words, if your share of fault is greater than the combined fault of all the parties, you lose your right to compensation entirely. If your percentage of fault is lower, you lose a corresponding percentage of your compensation award.
For example, if the insurance company can prove you were 30% liable, you only take home 70% of your compensation.
Your Slip and Fall Accident Attorney Will Fight to Recover Compensation for All of Your Injuries
Examples of some common slip and fall injuries include:
- Broken bones
- Broken hips
- Knee and shoulder injuries
- Nerve damage
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Concussions
- Back injuries
- Ankle and wrist injuries
- Paralysis
- Catastrophic injuries
These injuries can lead to costly medical care, lost wages, and lasting pain. Some victims recover in time, while others face long-term complications that affect their health, mobility, and daily life. Your attorney can help you seek accountability after an accident.
Why Do So Many Slip and Fall Accidents Happen?
Slips, trips, and falls tend to happen due to negligent property maintenance. When property owners allow dangerous conditions to exist, it’s only a matter of time before someone is injured as a result.
In general, some of the most common causes of slip and fall accidents include:
- Slick or slippery floors
- Puddles or spills
- Unsecured mats and carpets
- Uneven floorboards or pavement
- Crumbling and broken pavement
- Missing guardrails
- Missing stair treads or damaged stairs
- Poor lighting
- Potholes
- Debris, garbage, and obstacles in walkways
- Loose cables or wires
These hazards are especially dangerous because they are often preventable. Regular inspections, timely repairs, proper cleanup procedures, and clear warning signs can significantly reduce the risk of a serious fall.
What Do I Have to Prove to Recover Compensation After a Slip and Fall Accident?
Slip and fall accident cases are based on West Virginia premises liability laws. In West Virginia, property owners must keep their premises reasonably safe for people allowed on the property.
Ultimately, most premises liability claims are based on negligence. You must prove that you were injured due to a property owner’s negligent property maintenance.
The four elements of negligence are:
- A legal duty of care existed.
- The defendant breached their duty.
- The breach caused an accident.
- You suffered damages.
Business owners in West Virginia generally must use reasonable care to keep their property reasonably safe for lawful visitors. This can include inspecting for hazards, fixing dangerous conditions within a reasonable time, and warning people about risks they knew about or should have discovered.
Private property owners may owe similar duties, but the extent of those duties depends on the situation and the visitor’s status. In many cases, liability comes down to what the owner knew, or reasonably should have known, about the hazard.
How Many People Are Injured in Slip and Fall Accidents Every Year?
According to data provided by the CDC and National Safety Council, millions of people visit emergency rooms with fall-related injuries each year. That makes falls one of the leading causes of ER visits in the U.S.
How Long Do I Have to File a Personal Injury Lawsuit After a Slip and Fall Injury in West Virginia?
In West Virginia, you have two years from the date of an injury to file a lawsuit. If you fail to take legal action within two years of your fall, you’ll be barred from recovering compensation.
A Slip and Fall Accident Lawyer Can Help You With Your Personal Injury Claim
If you were injured in a fall on someone else’s property, you may be entitled to compensation for your medical bills, lost income, and other losses. A slip and fall accident attorney can review the details of your case, explain your legal options, and help determine whether a property owner may be liable for your injuries.
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Charleston, WV 25301
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