A slip-and-fall accident may not sound serious, but it can cause severe injuries. If another party was at fault, you may be able to recover compensation for the damages you suffered.
These cases can be complex, so professional representation may make a difference. Our slip and fall accident lawyer serves McLean. They will analyze your case for free.
The Pendleton Law Team has served thousands of clients since its inception in 2011. We serve McLean as personal injury lawyers and will be happy to advise you.
Why Hiring a Slip and Fall Accident Attorney Serving McLean May Help You
Establishing negligence in slip-and-fall accidents can be difficult. For example, you have to show that the person responsible for the premises either knew about a dangerous condition or should have known it was present. Meanwhile, the defendant is likely to argue several points. For example, they can say the danger was obvious, or they didn’t know about it.
Apart from helping you deal with legal arguments, an attorney may gather helpful evidence. For example, they can look for records showing that other people slipped and fell in similar circumstances, yet the property owner did not take steps to address the risk.
While it is certainly possible to claim compensation on your own, access to legal acumen may benefit your case. Identifying possible liable parties and demonstrating why they may be liable for your accident can be more challenging than most people expect.
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Parties Who May Be Liable in Slip and Fall Accident Cases
A fall isn’t always someone else’s fault, but when it is, identifying the liable party is the next priority. You may suppose that the building owner is always liable, but that isn’t necessarily true. To illustrate this, we can examine some examples of who may be liable:
- Building owners
- A landlord
- A tenant (for example, a store owner)
- Contractors (cleaners, maintenance workers)
- In some cases, architects or designers (for example, if a design defect created the hazard)
- A government entity (in limited circumstances, subject to immunity rules)
Complicating matters still further, multiple parties may be liable. For example, a contractor created a hazard, the building’s manager knew about it, yet neither did anything to address it or warn people about the slippery surface.
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Proving Fault in a Slip And Fall Accident Case
Virginia follows a strict contributory negligence rule. This means that if you are found even slightly at fault for your slip and fall accident, you may be barred from recovering compensation, making strong legal representation especially important.
There are limited circumstances in which property owners are generally not liable for any accidents on their property. For example, Virginia Code § 29.1-509 limits landowners’ liability when offering certain activities, such as hunting and fishing.
In other contexts, knowing how to prove fault in a slip and fall case requires thoroughness and strategic thinking. The main points to address include:
Establishing a Breach of Duty
Property owners and occupiers have a duty to maintain premises in a reasonably safe condition for lawful visitors. To show that there was a breach of this duty, you and your slip and fall accident lawyer handling cases in McLean may have to show that they or their employees knew about the danger. Alternatively, the hazard had existed for so long that it should have been discovered.
Gathering and Presenting Evidence
Evidence can be time-sensitive, so it may be important to gather and preserve it as soon as possible. Examples of evidence that may support a slip-and-fall accident case include:
- Photos and videos
- Surveillance footage
- Maintenance and cleaning records
- Witness statements
- Incident reports
Although some of this evidence may be held by the defendant, your attorney representing slip and fall accidents in McLean can take steps to demand its preservation and gain access to it.
Overcoming Defense Strategies
While you and your attorney have been preparing your case, the defendants have been preparing their strategies as well. An experienced slip and fall accident attorney will likely have predicted what these may be.
Typically, they could include:
- Trying to show that the hazard was “open and obvious” and you should have seen it.
- Claiming you were negligent. For example, you ignored a warning sign, were distracted, or were wearing improper footwear.
- Claiming that there was no way they could have known about the hazard.
- Arguing that you entered a hazardous area, knowingly endangering yourself.
- Trying to show that you were injured somewhere other than on their premises.
Despite all of this, it may still be possible to show that someone else’s negligence led to your accident, which, in turn, caused your injuries. Our strategies and determination have built the Pendleton Law Team’s reputation as Heavy Hitters®.
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Compensation You May Be Eligible for After a Slip and Fall Accident
Many people wonder whether it will be worth seeking compensation after a slip-and-fall accident. At the same time, injuries often lead to considerable expenses and losses and can damage your personal life, too. A lawyer can examine your case and help to calculate the compensation you may claim.
They will consider elements like:
- Medical costs, including future costs
- Past and future loss of wages
- Pain and suffering
- Loss of quality of life
When you work with our attorney representing slip and fall accidents in McLean, they can do most of the heavy lifting. If we accept your case, we will not charge you for your lawyer’s efforts unless they secure a win for you.
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Common Injuries Our Slip and Fall Accident Lawyer Encounters
Although your attorney isn’t a medical doctor, they should have an understanding of what your injuries mean to you and how they affect your life.
In slip and fall accident cases, we typically see:
- Fractures: Broken wrists, ankles, and hips are common after falls. They may require surgery and can prevent you from earning a living.
- Sprains and strains: Although these are soft-tissue injuries, damage to ligaments and tendons can take weeks to heal, which can limit your mobility.
- Head injuries: Concussions and traumatic brain injuries may have lifelong consequences.
- Spinal cord injuries: Violent twisting and harsh impacts can cause spinal cord injuries. In the worst cases, they can lead to full or partial paralysis.
Getting medical attention and working with your doctors to achieve the best possible recovery is among the most important things to do after a slip and fall accident. Your medical records may serve as important evidence linking your fall to your injuries.
Talk to Us About Your Slip and Fall Accident
The Pendleton Law Team is here for you. Discuss your slip and fall accident case with us. We can help you explore your options and assess your case at no cost.
Our slip and fall accident lawyer serving McLean has the experience needed to determine whether you have a case, and they are prepared to fight for your rights. Call us today.
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