How to File a Slip & Fall Injury Lawsuit in Richmond

Personal injuries resulting from a slip and fall accident can cause major disruptions in your way of life. According to the National Floor Safety Institute, slip and falls are the most common type of accidents, a leading cause of lost days at work, and also the primary reason for worker’s compensation claims. This means that most of the slip and fall accidents occur at the workplace and cause workplace injury in the United States.

People also regularly slip and fall and then suffer from serious personal injuries in public places. Everyone starting from your employer to your grocer is responsible for making sure that you are safe at their premises. If you get injured on their property, you can file a personal injury lawsuit against them.

The claim for compensation will be filed against the liable party to help you get recovery from your financial, physical, and emotional losses due to the accident.

What are the Causes of Slip-and-Fall Accidents? 

These accidents occur due to the property owner’s negligence and inability to maintain the premises and provide a safe working condition. Here are some reasons why slip and falls occur on a property:

• Bad lighting
• Uneven or broken stair treads
• Missing or faulty handrails on the stairs
• Liquid spills
• Wet or Icy walkways
• Unsafe and unmarked construction sites
• Open manholes with no notices or barricades
• Torn carpets
• Uneven floors
• Greasy and oily floors

It is the responsibility of your employer and property owners to eradicate these dangerous conditions on-premise to make sure there are no injured victims as a result of physical injuries caused due to a slip and fall.

What Injuries Can be Caused by a Slip-and-Fall? 

Slip-and-fall accidents and trip-and-fall accidents are usually in the same category but they are differentiated by the way they are caused. A slip is usually due to liquid or ice on the floor and a trip can be caused by any object or obstacle in the way of the injured person that shouldn’t technically be there.

Both types of accidents can result in severe injuries and are claimable if they happen on someone else’s property if the other party is found to be negligent. You can suffer from a very severe type of injury if you are a victim of such an accident.

Let’s look at some injuries that are caused by these accidents:

• Traumatic brain injuries
• Spinal cord injury
• Leg muscle injuries
• Twisted ankle
• Strained or sprained muscles
• Wrongful death 
• Neck injuries
• Burn injury
• Broken bones and fractures

What Should You Do After a Slip & Fall?

By now, we’ve established why you need to be compensated for a slip and fall. Here are some things that we advise you do right after the accident to make your claim stronger:

• Seek medical help immediately and ensure that you are not seriously injured. You need to determine the seriousness of your injuries on record to help strengthen your claim. In some cases, the victim may not even notice any injuries until a few days later but a doctor will be able to know exactly what to look for and offer reasonable care.
• If you can, use your phone and take pictures of the area you fell in and also the surrounding areas
• Make sure you talk to and get contact information from any witnesses in the area
• Make sure you make an official report of the incident with the store, responsible party, or any other public entity
• Keep a detailed log of all your symptoms, bills, and damages following the accident
• Contact an experienced compensation attorney as soon as possible

The Statute of Limitations for Slip & Falls in Virginia: 

A statute of limitations is the limited period of time you have in which you can file a case for compensation in the Civil Court. According to Virginia law, there are three main statutes of limitations that can be initiated to prove legal liability after a slip and fall accident on a defective or dangerous property:

1. Any victim of a slip and fall injury must file a personal injury claim within two years of the incident.
2. Anyone that sustained property damage like an expensive watch being broken due to a slip and fall can file a compensation claim within 5 years of the incident
3. If the slip and fall results in a family member’s death, the family can file a wrongful death claim against the responsible party within 2 years of the incident

It is critical that the accident injury victims file the case as soon as possible because the entire process of investigating the case and getting you compensation from the at-fault party will take time. You need to pay medical costs and get relief from other financial burdens during this period so it’s best you don’t delay this.

What Damages Can You Recover for a Slip-and-Fall Injury? 

The result of a personal injury claim and its settlement is basically recoveries for two types of damages: economic and general.

Let’s explore the damages that can lead to financial recovery  in detail:

Economic Damages 

These damages include tangible and objectively measured damages that are sustained due to a personal injury:

1. Lost income – both current and future
2. Affected earning capacity
3. Medical expenses for treatment and medication
4. Mobility and prosthetic devices
5. Mental and physical therapy
6. Transport costs for medical care
7. Replacement of household services
8. Funeral and burying costs

General Damages: 

These are more difficult to measure because these are subjective costs that accident victims incur after an incident like a slip and fall:

1. Loss, pain, and suffering
2. Emotional and physical distress
3. Loss of limbs and functions
4. Inability to care for and support the family
5. Permanent disabilities
6. Disfigurement and scarring
7. Affect on spousal and other relationships

There may be cases where the plaintiff can prove that the defendant was involved in an activity that caused the accident during a premises liability case. In this case, according to personal injury law, the defendant may be charged with punitive damages. These punitive damages are capped at $350,000 in the state of Virginia.

How to Deal With an Insurer After a Slip and Fall Accident? 

By now, you understand that as the injured party, you can claim financial compensation after a slip and fall, but do you know who you will be claiming compensation from? Most businesses and companies have insurance companies that protect them from any kind of financial liability in case someone suffers damage on their premises. Most likely, you will be claiming compensation from the insurance company.

Insurance companies are a business at the end of the day and they will most likely try to get away with denying the injured party fair compensation for their losses. This is why we never recommend you talk to an insurer directly. Understand that they are trained to get you to say things that will hurt your case and reduce your compensation. They will definitely try to take advantage of you if you don’t have proper legal representation.

Let an experienced accident attorney talk to the insurer and deal with their tactics.

Let Virginia Injury Law’s Expert Personal Injury Lawyers Help You: 

We understand the pain a personal injury victim goes through. You have enough on your plate without having to worry about the legal process and hefty legal fees. You shouldn’t have to face denials and delays from the insurance companies at a time where all you should be doing is

Here is how our expert personal injury attorney represents you and wins your case against the property owner and the insurance company:

1. We offer a free initial consultation to determine the worth of your claim for damages and whether we are a good fit to fight on your behalf
2. We shield you from the cunning insurance company tactics
3. We prevent you from making mistakes that can cost you your case
4. We negotiate with the insurance company on your behalf
5. We immediately file a lawsuit if the insurance company denies a fair settlement

Our team of personal injury lawyers is top-rated in the state of Virginia with decades of experience in handling multiple cases of personal injuries. You will be delighted to know that our law firm operates on a contingent fee basis. You only pay when you win.

Need help with a slip-and-fall personal injury claim? Call us now.