Charlottesville Slip and Fall Attorney

SLIP AND FALLIf you have been injured in a slip and fall accident caused by a property owner’s failure to address or warn you of a hazard, you may be owed compensation for your injuries and other losses. 

Whether it was at a business, store, or even a private residence, property owners are responsible for adequately maintaining their premises and protecting guests, customers, or patrons from harm.

If your slip and fall injuries are a result of a property owner’s negligence, the property owner may be liable for your medical bills, lost wages, pain and suffering, and other related expenses. The Kendall Personal Injury attorneys know how devastating injuries from a fall can be. We understand that an unexpected accident can have a lasting impact on your life and the lives of your family members. 

Fortunately, we have extensive experience helping people secure fair compensation when they’ve been hurt through no fault of their own. Our knowledgeable slip and fall attorney will fight to get you full compensation for your injuries claim, so call us at (866) 590-9773, chat with us live, or fill out a contact form to schedule a free consultation.

Common Injuries in Slip and Fall Cases

A slip-and-fall accident can cause a variety of injuries. Some may be minor, such as bruises and scrapes, while other injuries can be more serious, such as a traumatic brain injury or damage to the spine. In some cases, a fall may prove to be fatal. 

According to the CDC, more than 3 million people visit the emergency room and 800,000 people are hospitalized each year for fall-related injuries. Falls are the most common cause of traumatic brain Injury. 

Although elderly people are generally more susceptible to falling and being severely injured, individuals of any age can fall. From a legal standpoint, age does not matter. Anyone who is injured in a fall due to others’ disregard for safety may be entitled to compensation.

Some of the most common fall injuries include:

  • Sprained ankle or wrist
  • Broken bones
  • Knee injuries
  • Shoulder dislocation or strain
  • Cuts and bruises
  • Concussion
  • Spine and nerve damage
  • Traumatic brain injury

These injuries can cause lasting complications, and it is important to follow the treatment plan recommended by your doctor. You may need physical therapy or other rehabilitation and be unable to work for a period of time.

Some people need treatment for mental health conditions such as post-traumatic stress disorder after being severely injured in a fall. It is essential that you work with an attorney to make sure that if you are owed compensation, you receive the full amount of money to make a full recovery, both physically and emotionally.

Virginia Slip and Fall Laws

There are a few Virginia laws that you should be aware of when contemplating a slip and fall claim in Virginia.

  • Statute of Limitations. According to the Code of Virginia Section 8.01-243, you have two years to file a personal injury claim from the date of the injury. It becomes increasingly difficult to prove the events that led to your injury. 
  • Contributory Negligence. Virginia is one of a few states that follows the doctrine of contributory negligence. If you are partially at fault for your injuries, you are generally barred from filing a lawsuit and seeking compensation. The insurance company may try to blame you for the fall accident to avoid having to pay compensation. An experienced attorney at Kendall Law Firm can help you gather the evidence to show that the accident was entirely the property owner’s fault and that you are indeed owed compensation.

Do I Have a Solid Slip and Fall Claim?

To have a slip and fall claim, you must prove three elements of negligence. 

  1. Responsibility of property owner. You must be able to prove that the property owner had a responsibility to notify you of dangerous conditions on the property.
  2. Negligence caused the fall. You must be able to prove that you fell specifically because the property owner either neglected to perform proper maintenance or failed to warn you of a hazard on the premises. If you admit that you were looking at your phone, purposely disregarded a warning sign, or were engaging in a dangerous behavior, you may be at fault and your claim disallowed.
  3. The fall caused injuries. You must be able to prove that the injuries for which you are seeking compensation are the direct result of that fall.

Please note that if you slipped and fell at work, you may be eligible for Workers’ Compensation. This is a different process than a personal injury claim. We can help you understand these differences during a free case review to make sure the claim is filed correctly.

How to Build a Successful Slip and Fall Case

To build a successful slip and fall case, you will need to gather as much evidence as possible. The type of evidence you will need depends on the circumstances of the fall.

    • Slip on ice, snow, or wet surface – Ideally, you will have taken photos of where the fall occurred and filled out an incident report with a store manager, landlord, or commercial property owner. You should document as many other details as possible, such as the date and time of the fall, and the names and contact information of witnesses. In this type of case, photographic evidence is important since ice melts quickly and a spill can be easily cleaned up, thus making it extremely difficult to prove your case without photos. However, if you did not gather this type of evidence at the time of the accident, we will do our best to gather evidence after the fact. This could include reviewing security footage where available, speaking with witnesses, and requesting written maintenance protocol and maintenance records from the property manager. 
    • Fall on stairs – A loose step, broken railing or wrinkled stair runner may cause a fall on a stairway. Our legal team will move quickly to document the scene of the accident before the hazardous condition is repaired. 
    • Trip on floor or threshold –If there is a threshold that sticks up or an abnormal slope in the floor, it may be necessary for the owner to place a sign warning people of the potential hazard. Failure to display such a sign could be considered negligence on their part.

After you have gathered as much evidence as possible, you must be careful about the type of information you share about your fall. Avoid discussing it on social media or giving a statement to the property owner’s insurance company because this statement could be used against you. Our skilled Charlottesville premises liability attorney will help you navigate the legal process. We will try to negotiate with the insurance companies and fight for full compensation for your injuries.

Average Settlements for Slip and Fall Cases

The amount of compensation that a fall victim may receive will vary greatly depending on multiple factors, including the severity of your injuries, the insurance policies available to provide compensation and whether you were partly at fault. In general, you may be eligible for compensation for your medical bills, lost wages and future lost earning potential, and pain and suffering caused by your injuries.

Our attorney at Kendall Law Firm are often successful in negotiating a reasonable settlement with the property owner’s insurance company and resolving fall injury claims without going to court. It may be necessary to file a lawsuit and go to court to seek compensation if the insurance company refuses to agree to a just settlement. When you meet with our legal team, we will discuss the specifics of your case and your legal options.

Should I Contact a Slip and Fall Attorney in Virginia?

If you have been injured in a fall through no fault of your own, you may be owed compensation. Navigating the legal process to seek compensation is a time-consuming and confusing process. It can create unneeded stress at a time when your life is already difficult as you recover from your injury.

At Kendall Law Firm, we will guide you through this process so you can focus on your recovery. We will examine the unique circumstances surrounding your accident, and then work hard to negotiate with the insurance companies for a fair settlement.

Why Choose Kendall Law Firm?

At Kendall Law Firm, we focus specifically on injury law. Our priority is helping people receive compensation for their injuries. David Kendall is a Virginia native who has distinguished himself as a caring and approachable attorney. He served our country as a Judge Advocate General in the U.S. Marine Corps and continues to be involved in the community. 

With dozens of 5-star reviews on Google, and an A+ rating from the Better Business Bureau, you can trust Kendall Law Firm to fight for your best outcome after a serious accident. We have three locations to serve you in Charlottesville, Winchester, and Harrisonburg. We handle slip-and-fall cases on a contingency fee basis. That means we will not get paid for our services unless you successfully receive compensation for your injuries. Contact us today at (866) 590-9773 to schedule a free consultation.

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We are here for you.

Get a free consultation today. Call us before you speak with the insurance adjuster.