For most victims of slip, trip, and fall accidents, they never see the incident coming. Whether you’re walking down an icy driveway or down the freshly mopped aisle of a grocery store, when danger strikes, your safety is out of your hands. Tragically, these kinds of slip, trip, and fall accidents can result in serious, life-threatening head and back injuries.
A large part of any slip and fall lawsuit investigation includes determining whether the accident was completely the fault of the property owner. In Virginia, if you partially contributed to the accident, you may not be eligible for compensation.
Virginia Premises Liability Claims
In order to determine whether or not you have a viable claim, you’ll need to take a look at the premises liability of the owner of the property. In order to recoup costs associated with your injuries, you’ll need to prove the following:
- The property owner was aware of danger on their property but failed to remedy the issue
- The owner was unaware of the danger on their property but should have because any reasonable person would have known
- The owner caused the danger on purpose or by accident but didn’t fix the issue before inviting people onto their property
Our Virginia personal injury lawyers will also work to determine if the property owner maintained the property regularly or if a pattern of negligence can be established. By investigating your claim, we’ll determine exactly what led to your accident and what the property owner could have done to minimize risk.
Attorney Richard Serpe
Attorney Richard Serpe is a respected Virginia personal injury lawyer with a reputation for meticulous preparation and presentation. As a personal injury attorney, he advocates for those who have been injured due to the negligence of another person, dangerous product, or company.
A substantial portion of his 35-year legal career has been devoted to the representation of injured children. Richard Serpe has a tremendous track record of success in obtaining favorable jury verdicts and settlements for his clients.
- Best Lawyers® (2005 – Present)
- Super Lawyer : top 5% of lawyers in Virginia (2006 – Present)
- Martindale-Hubbell: AV Preeminent Rating (the highest award)
- Avvo.com : Rated 10/10 – “Superb”
Forms of Property Owner Negligence
Negligent property owners are frequently the cause of slip, trip, and fall accidents. This negligence can manifest in a wide variety of ways, including:
- Building code violations, like failing to have handrails installed in a stairway
- Wet, slippery floors
- Cracked, defective sidewalks
- Uneven surfaces
- Defective or missing handrails
- Torn carpets
- Parking lot potholes
- Icy surfaces
These kinds of slips, trips, and falls can result in severe injuries including traumatic brain injuries, broken and fractured bones, neck, spine or back injuries – or even wrongful death. There are many ways a property owner’s carelessness can injure or even kill a person. Because the circumstances surrounding the average slip, trip and fall accident can vary so widely, it’s may be worth speaking to a lawyer about your situation.
Compensation in Virginia Premises Liability Cases
Depending on the circumstances surrounding your situation, you may be entitled to one or more of the following:
- Medical Bills: You may seek compensation for any medical care related to the accident. This often includes hospital bills, physical therapy, surgeries, and future medical bills if your injuries are life-altering.
- Lost Income: Some slip and fall accidents result in injuries that leave victims out of work for weeks, months, or even permanently. You may seek compensation to recover those lost wages. If you are no longer able to work due to your injuries, this may be factored into the settlement.
- Pain and Suffering: This is determined by the severity and permanency of the accident and your injuries and can be factored into your settlement.
- Wrongful Death: When a loved one is killed in a slip and fall accident, they leave behind bills and funeral costs – and the loss of future income for their family. Of course, their loss is felt emotionally as well. This loss of companionship and affection is priceless. Virginia allows certain family members to make a claim for losses suffered due to the wrongful death of a loved one.
Statute of Limitations (Deadlines)
Virginia provides a two-year deadline also known as a Statute of Limitations. However, special circumstances apply depending on who owns the property and the age or disability of the person injured. Miss your deadline, though, and you’ll never again be able to seek financial recovery for your injuries. Contact an experienced Virginia premises liability lawyer as soon as possible to discuss your legal options.
Our goal is to seek justice and earn the very best outcome for our clients in the most trying days of their lives. After a serious injury, it’s easy to feel overwhelmed. Your injuries, the insurance company, the at-fault party, and the legal system are a lot for anyone to face. If you’d like to discuss your options with an experienced legal team, contact us today 877-544-5323.