The relationship between a landowner and a renter is a tremulous, complicated thing. If you’re injured in a slip-and-fall accident but don’t know which of these parties to hold responsible, sorting out liability can be a challenge. The good news, however, is that you don’t have to teach yourself the law to take action against the party liable for your slip-and-fall accident.
You can call on a Hampton slip-and-fall accident lawyer, instead. Our team can assess the evidence found at the scene of your accident and assign fault accordingly. Pendleton Law can then help you file a complaint against the offending party and pursue a financial settlement meant to help you recover from your losses.
How to File a Slip and Fall Accident Claim
If you want to take legal action against the party responsible for your slip and fall accident, you need to file a claim against them in civil court. Civil claims allow you to elaborate on the nature of your accident and state why you believe Virginia law entitles you to compensation.
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The Benefits of Filing a Slip and Fall Accident Claim
Taking legal action against the party allegedly responsible for your slip and fall accident can seem like a lot of paperwork. When you work with a slip-and-fall accident lawyer in Hampton, a professional can oversee that paperwork while still helping you reap the benefits afforded to accident victims throughout Virginia.
Specifically, our team helps you:
Choose How Your Case Progresses
It’s important to our team that you feel your input is respected when pursuing compensation for a slip and fall accident. Virginia law makes it easy for you to exert control over how a civil case progresses after you file your claim. Specifically, you have the option to either negotiate for financial support out of court or hand your case over to a judge.
If you go to trial, you can expect to undergo discovery before leading into opening statements and witness examination. A judge and jury may control your right to compensation, but they can exert some control over the defendant and ensure you’re treated with respect. You can also arrange deals with the defendant up until deliberation begins.
Alternatively, negotiations can allow you to secure the financial support you need to recover from your accident faster than a court case. You can meet with a liable party outside of court and present your ideal compensation alongside an attorney. Our team can then fight to secure you the maximum possible compensation for your case without going before a judge.
Fight for Compensation to Address Your Accident’s Losses
The claim you file also makes it easier for you to secure compensation equal to or exceeding the value of the losses you faced in your slip and fall accident. Specifically, if you can bring forward relevant evidence, you may have the opportunity to request that a liable party help you with your:
- Medical expenses
- Property damage
- Lost wages and/or time at work
- Emotional distress
- At-home assistance
- PTSD and/or mental health conditions
- Wrongful death and funeral expenses, if applicable
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Present Evidence of Slip and Fall Liability
If you want to receive compensation for your slip and fall losses, you need to present evidence indicating that:
- You were owed a duty of care at the time you slipped and fell
- A landowner or parties a landowner was responsible for violating your duty of care
- The injuries you endured specifically resulted from a violated duty of care
- Your injuries and other losses have concrete value
The best way to argue all of these points is to work with an attorney to investigate the scene of your accident. Our team can revisit the scene and bring together a case based on:
- Video footage of your accident
- Bystander testimony
- Police and medical reports
- Physical signs of danger and/or decay
- Expert witness testimony regarding your accident
Hampton slip and fall accident attorneys can help you determine what evidence is relevant to your case and how you can present it when fighting for compensation.
Landowners’ Responsibility to People on Their Property
As the victim of a slip and fall accident, it’s your responsibility to indicate what role you played while on a person’s property and what duty of care, in turn, the landowner owed you. Usually, you’ll serve as either an invitee or a licensee while on someone else’s land.
Invitees and licensees tend to benefit from the same protections when under a landowner’s care. Invitees who are invited onto the land for casual or consumer services must be offered reasonable protection from danger on the lot. Licensees performing professional services for a landowner must also be informed or directed away from dangerous conditions ahead of time.
The only time a landowner doesn’t take responsibility for a person’s well-being on their land is when that person comes onto their land without permission. Trespassers are only protected from a landowner’s excessive use of violence when escorting them from their property. The only exception to this rule is found within the attractive nuisance doctrine, which protects children.
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Act within the Slip and Fall Statute of Limitations
While it’s important to give your case the time and attention it deserves, you are building your slip-and-fall accident claim on a deadline. Virginia specifically gives you two years to bring your case forward to a civil judge under Code of Virginia §8.01-243. If you’re not able to bring your case forward in that time period, you cannot file for compensation.
Our team always keeps your deadline in mind when building a case on your behalf. As such, you can count on our team to submit your complaint to a county clerk before your statute of limitations passes. If you’re concerned about an approaching slip-and-fall deadline, you can contact our team for a consultation today.
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Let Pendleton Law Advocate for You
Slip and fall accidents tend to result from a landowner’s negligence. It’s our job, however, to assess the evidence of negligence available at the scene of your accident and use that evidence to uphold your case. You can partner with a slip-and-fall accident attorney in Hampton immediately following your accident to start gathering data.
Slip and fall complaints make it easier for you and your loved ones to recover from dangerous accidents. You can collaborate with Pendleton Law to overcome your accident-related losses sooner rather than later. Contact our team by calling our office or reaching out through our website to schedule your case evaluation.
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