Slip & Fall Accidents
Every day, people in Virginia sustain serious injuries in Slip and Fall accidents. Slip and Fall accidents can lead to devastating injuries for victims and can be caused by wet or uneven ground, dangerous stairs, faulty construction or a number of other unforeseen things. The fault of Slip and Fall accidents can be the property owner, a renter or construction company. Determining who is at fault in a slip and fall case can be very difficult. In general, an injured victim will have to demonstrate one of these two things to have a legitimate liability claim:
- The owner of the property caused the dangerous condition that led to the slip and fall injury
- The property owner knew about the dangerous condition and took no steps to correct the problem
Slip and Fall cases take careful scrutiny. Some factors that the court takes into account are how long the dangerous situation had existed and whether the property owner’s attempts to fix the problem were reasonable and proper. Given all the issues that surround a Slip and Fall claim, it is critical that you contact The Joel Bieber Firm today. Let us take care of the legal side, while you take care of getting better. Contact an experienced slip and fall accident lawyer at The Joel Bieber Firm today for your free initial consultation. Please fill out the form on this page.
WHAT IS MY CASE WORTH?
Frequently Asked Questions
Every slip and fall case has a unique set of facts that influences its trajectory and length. In straightforward cases in which there is little to no doubt about who is liable, injury claims are typically settled quite quickly. However, questions about liability and disputes over the facts can extend the time it takes to resolve a case.
Keep in mind that quick settlements are not always a good thing. Insurance adjusters routinely entice injury victims with quick settlement offers of inadequate compensation, and many victims accept because they do not understand the value of their claim.
Slip and fall victims with skilled representation, however, have a higher chance of recovering compensation that reflects the extent of their injuries.
In most cases, slip and fall claims are settled out of court. However, there are some cases that require the victims to go to trial if they want the compensation their injuries deserve. When this happens, the case may last up to a few years. However, this is rare, especially when you hire an attorney with experience negotiating settlements.
It really depends on the facts and circumstances of your case. The extent of your injuries is the most important factor in the determination of how much your case is worth. If you have suffered a broken arm because of a slip and fall, you will likely get much less compensation than someone who experienced a traumatic brain injury.
The losses you suffer because of your injuries also determine the value of your claim. For example, a writer who breaks their arms in a slip and fall would also have a claim for lost income due to their inability to write. A stay-at-home parent in the same position may not claim a loss of income. They may, however, be able to claim expenses related to the hiring of help to assist around the home.
The lawyer you choose may also play a significant role in how much your slip and fall lawsuit is worth. Seasoned attorneys representing slip and fall victims know how to negotiate high compensation payouts. An inexperienced slip and fall lawyer may recover much less than an experienced one.
The first step to filing a slip and fall lawsuit is to identify who is at fault for your injury. This will most likely be the property owner or a tenant. If the liable party is a tenant, notify the tenant and the owner.
If the accident happened on commercial property, then report it to the manager or another person in charge. The reporting should happen at the time of the accident, but if circumstances call for it to be done later, report it as soon as possible. Otherwise, your claim may suffer.
You will then need proof of your injuries. The information in your medical report will demonstrate the type and seriousness of your injury. Your attorney will later use these details to calculate your losses. Witness information, photos, and video of the accident will also be helpful in filing your claim.
As soon as possible after seeking medical care, consider scheduling a free consultation with a slip and fall lawyer. If you choose a lawyer to represent you, the chances go up that you will get the compensation you truly deserve.
The most optimal way to win a slip and fall lawsuit is to hire a slip and fall lawyer with an impressive track record of recovering compensation for their clients.
Nothing speaks louder than experience. Even if you have an open-and-shut case, you are more likely to be successful with an attorney spearheading the efforts. However, a qualified lawyer is but one of the requisites to winning a slip and fall lawsuit.
In order to win your case, your attorney must show that you have a valid cause of action and the proof to back it up. In slip and fall cases, a cause of action is only valid if the injury was caused by negligence. This means your lawyer must have evidence that demonstrates negligent behavior.
If the injury happened in a corner grocery, for example, witness testimony or video footage could be used to demonstrate the store owner’s negligence.
Also essential to a successful lawsuit is what you do immediately after the accident. Slip and fall victims should always seek medical care and take immediate legal action to improve their odds of success in a subsequent lawsuit.
Slip and fall lawsuits become a matter of public record once a victim files a lawsuit. Filing a lawsuit puts the matter before the court and makes the claim available as a part of the public record. However, until the moment that the lawsuit is filed, the matter is private.
When a slip and fall lawsuit becomes part of the public record, every piece of evidence entered into the proceedings will also become available to the public, including:
Specific details about the injury
A narrative of the circumstances surrounding the accident
Any amount of compensation awarded to a victim
The arguments of both sides
In some cases, liable parties wish to protect details of their lives. Because of this, they have a strong incentive to settle out of court and keep the record private. Victims may also want to keep the details of their injuries and other facts of the case private.
Considering privacy along with the other benefits of settling, such as guaranteed compensation and lower costs compared to going through a trial, parties frequently choose to stay out of court and the public eye.
Regardless of the seriousness of the injury, you should seek medical care immediately after an accident. You do not want to exacerbate the injury by failing to get it treated. You also will need an official medical report of your injuries.
Also need to report the accident. If it happens at a business or organization, inform the manager or appropriate person in charge at the time. Inform them of the injury and that you are seeking medical attention. Do not say anything else until you see an attorney.
Write or record what happened in as much detail as you can remember. Include facts, such as what you were doing before the accident occurred, exactly how it came to pass, and what you did afterward.
Schedule a consultation with the one professional who has your best interests at heart. You need to be on equal ground with the insurance companies, or you may face a denied or reduced claim payment.
Yes. Quite a few countries allow injury victims to seek compensation for their losses after a slip and fall accident. As you would imagine, the procedure for suing in other countries varies as much or more than it does between states in the U.S.
Injured victims in a country outside of the U.S. will need to hire a lawyer who understands and is authorized to practice tort law in the country where the accident occurred.
The ways countries handle slip and fall accidents vary. Those jurisdictions with legal systems similar to the United States, such as the United Kingdom, Canada, and Australia, process slip and fall cases in a similar fashion. However, other countries based on different systems of law may approach these cases differently.
Many countries that allow slip and fall lawsuits permit accident victims to seek compensatory damages for the losses they incur. Currently, the United States is one of the only countries that allows slip and fall victims to pursue punitive or exemplary damages, which courts use to punish egregious behavior.
If you are interested in improving your odds of getting the highest payout possible, then you need a lawyer for a slip and fall.
There is no law that explicitly states that you must have a lawyer representing you, but professionals in the legal and insurance industry know that unrepresented injury victims face serious obstacles in their quest for compensation.
One of the biggest challenges unrepresented victims face is the lack of knowledge and familiarity with the compensation process. There are many rules of procedure that must be complied with to preserve the validity of a claim. Not knowing what they are and failing to comply can stop a valid lawsuit dead in its tracks.
If your injuries are serious or the insurance company denies your claim, you will definitely need an attorney to safeguard your rights.
In the case of serious injuries, an experienced slip and fall lawyer will know the approximate value of your damages and won’t settle for less. In the face of an insurance company denial, you will need their services to fight for you at trial.
A serious slip and fall injury is an injury that causes extreme pain, involves the loss of an organ or bodily member, or involves disfigurement. Mental trauma from a slip and fall may also cause severe psychological and emotional harm. Injuries that carry a substantial risk of dying are considered serious injuries as well.
Perhaps the most serious injuries sustained in slip and fall accidents are traumatic brain injuries. Falls and flying or falling objects can cause significant impacts to the head. TBIs occur often from these blows. Although some TBIs are mild, they are all serious injuries that can lead to severe impairment and death.
Other serious injuries caused by slip and fall accidents include:
Fortunately, many slip and fall injuries are not serious. However, their victims still deserve compensation, no matter how minor the accident might appear. This brings up another issue — because some serious injuries can be mistaken for minor injuries, it’s important to always get a medical exam soon after any slip and fall injury.
Personal injury lawyers are the professionals who handle slip and fall accidents. Their job is to address the injustices caused by negligent individuals, businesses, and organizations. They do so by fighting for the compensation injury victims deserve after their accidents.
Although personal injury lawyers handle slip and fall accidents, they are also involved in pretty much any type of case that involves negligence and harm. Some common personal injury cases include:
Sometimes personal injury lawyers specialize in one type of personal injury. For example, some attorneys specialize in car accident cases and rarely take on other types of personal injury clients. However, many personal injury lawyers are willing and able to fight for clients in all manner of personal injury situations, including slip and fall accidents.
In most cases, slip and fall lawyers bill their clients on a contingency basis. This means that the lawyer doesn’t directly charge by the hour for their services. Instead, they charge nothing upfront and take a percentage of the settlement award after the case is settled.
Maybe. Slip and fall accidents are unfortunate incidents, but not all of them are actionable. By law, only certain types of slip and fall accidents can lead to a lawsuit for compensation.
First, most slip and fall accidents must have occurred on someone else’s property if the victim wants compensation.
Most homeowner policies have exclusionary clauses that exempt property owners and their households from seeking compensation. That’s not to say that you can’t sue a negligent person on your property for a slip and fall. You can. But in a typical slip and fall situation on your own property, your homeowners’ insurance will likely not be involved.
If you have a slip and fall accident on someone else’s property, then you may have a lawsuit if you can prove the owner or tenant was negligent in some fashion. Types of negligence that lead to slip and fall accidents include:
Unadvertised slippery conditions
Poorly lit walkways
Broken or missing handrails
Broken stairs or steps
You must also prove you suffered damages. For example, if you trip and fall but don’t get hurt, you likely have no case.