Experiencing a slip and fall accident can be frustrating, terrifying, and painful for the injured victim to endure. As slip and fall accident attorneys in Norfolk, VA, we commonly see cases in which victims have fallen down stairs or tripped on uneven or wet floors at work or a local business. It is important to take legal action immediately to protect your rights in this situation.
You should notify the business owner of the occurrence right away, then gather any photos, videos, or witness accounts that can support your accident claim. The best course of action from there is to contact an attorney from the Pendleton Law Team. Our Heavy Hitters® will oversee the progression of your case and seek the largest amount possible for your damages.
As long as you have not hired another personal injury lawyer or accepted any settlement offer from the property owner’s insurance carrier, we can help you. To understand your rights when filing a claim for your Norfolk slip and fall injury or to explore how this Virginia personal injury law firm can help you, continue reading.
Does Your Incident Qualify for a Slip and Fall Settlement?
According to the National Flooring Safety Institute, eight million people visit hospital emergency rooms each year after falling. Slip and falls account for 12% of all falls and one million ER visits on their own.
However, not every fall qualifies for a slip and fall case. You must prove that the property owner or occupier is to blame for your injuries in order to successfully pursue a personal injury claim. The types of premises liability cases that we’ve successfully represented include:
- Spilled contents
- Trip hazards present in the walkway
- Poorly designed staircases
- Wet floors
- Loose rugs
- Ripped carpets
- Unanticipated step-ups or step-downs
- Defective bricks, tiles, or sidewalks
Slipping and falling in any of these situations is preventable when the property owner maintains their grounds and fulfills their duty of care to their guests. Do not blame yourself for your injury or carry the financial burden of paying for medical treatment. Instead, allow our legal team to do what they do best and win you a sizable settlement to cover your damages.
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Establishing Negligence in a Virginia Slip and Fall Case
You must show that the property manager or occupier breached their duty of care in order to succeed in a slip and fall lawsuit. They must have acted irresponsibly in a way that directly contributed to your falling and obtaining severe injuries such as a traumatic brain injury, broken bone, or sprained ankle.
Premises liability cases that include slip and fall accidents can be challenging to prove on your own because sometimes the person occupying the property, who is not the property owner, will not admit fault that they knew of a dangerous condition, and the insurance provider may try to minimize your claim.
With the help of our Norfolk, VA, slip and fall accident lawyers, comprehending responsibility and what qualifies as negligence will be simplified. Both owners and occupiers have a duty of care to operate under safe conditions and rectify hazardous conditions that pose a threat to those on their property. Photos, witness testimonies, and your medical care records can prove that they were to blame.
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Calculating Compensation for Your Slip and Fall Injuries
It can be challenging to estimate the average slip and fall settlement awarded since individualized factors play a major role in determining case value. However, many settlements are determined without going to trial and are often calculated to cover:
Economic Losses for Slip and Fall Injuries
Economic losses are defined as any losses that can be calculated using proof of receipt. Economic damages are easily reimbursed with money and include items such as medical expenses, changes in income, loss of earning potential due to a catastrophic injury, and property damage.
Non-Economic Damages for Slip and Fall Accidents
Financial compensation for non-economic damages, however, may require us to hire experts to weigh in on how long the aftermath of a slip and fall will impact your livelihood. This includes emotional trauma such as anxiety or depression, as well as pain and suffering.
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Various Legal Deadlines for Virginia Slip and Fall Claims
Each state regulates how long legal claims can be brought forward by imposing a statute of limitations. In Virginia, there are a few time limits to be cognizant of for a slip and fall accident:
First, anyone hurt in a slip and fall accident must file a lawsuit in Virginia’s civil court system within two years of the date of the occurrence, as per Code of Virginia Section 8.01-243.
Second, anyone intending to file a lawsuit over property damage resulting from the slip and fall, like breaking a family heirloom that you were carrying, must do so within five years of any prospective defendant.
Lastly, the statute of limitations for launching a Virginia wrongful death action is two years, pursuant to Code of Virginia Section 8.01-244, in the rare instances where a slip and fall results in death. To prevent missing the deadline and forfeiting your right to compensatory damages, it is best to speak with a Norfolk, VA, slip and fall accident attorney right away.
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Common Defenses Used to Invalidate Your Claim
Since all personal injury cases are successful by establishing negligence, naturally, the property owner or occupier may argue the following to have your claim dismissed:
- Assumption of risk: In which you entered a dangerous situation with knowledge of the risks involved.
- Contributory negligence: If you are found to be at fault in any way, you may not be able to collect compensation.
It is important that you refrain from speaking to the property owner’s insurance company following the accident to prevent saying something that could affect your claim. Wearing the wrong shoes, walking while looking down at your phone, or ignoring signage are all factors that could negatively affect your ability to collect an injury settlement.
Do You Need an Injury Lawyer for Your Norfolk Slip and Fall Claim?
Contact our team of skilled slip and fall accident lawyers in Norfolk, VA, to pursue legal action after your slip and fall accident.
Your injuries should not be taken lightly. The Pendleton Law Team will fight to recover medical costs, emotional damages, income changes, and more. Schedule a complimentary case review to learn more about your rights as a victim of a slip and fall accident and what you can do to maximize your compensation.
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