Virginia Slip and Fall Injury Lawyer
Every year, millions of people are treated for slip and fall injuries they sustain in accidents. Tragically, many of the serious injuries victims often suffer from could be prevented. If you have been hurt you many need a Virginia Slip And Fall Injury Lawyer to help guide you. The National Safety Council lists falls in the top three leading causes of preventable injury-related death.
People who are injured and suffer ongoing pain should not settle for less compensation than they deserve. Working with a personal injury lawyer who has the right expertise in handling slip and fall cases can help avoid victims being taken advantage of by insurance companies that do not have their best interests at heart.
The law office of Steven M. Oser, P.C. prides itself on its dedication to advocating for victims of slips and falls, along with those who have ongoing suffering due to injuries related to car accidents, motorcycle accidents, truck accidents, and other types of accidents. To obtain a free consultation from a slip and fall injury lawyer, contact Steven Oser at (757) 539-4127.
Where do slip and fall injuries often happen?
Unfortunately, slip and fall injuries can occur just about everywhere. A person can fall at a personal residence, restaurant, workplace, mall, museum, hotel, school, office building, workplace, or simply by walking on a sidewalk. Many injuries and wrongful death accidents occur due to negligence on the part of the property’s owner.
When hazardous conditions exist, the party responsible for taking care of the location where the accident occurred could be held responsible if it can be proven the party was negligent and did not uphold their duty in keeping their property safe for anyone visiting or passing through their property. If circumstances demonstrate a dangerous condition was present, the injured person can file a premises liability claim.
What are common ways slip and fall accidents occur?
Slip and fall accidents often occur on slippery or uneven surfaces, but there are many ways people can sustain serious injuries under specific sets of circumstances. Common ways individuals may slip or fall include but are not limited to:
- Raised floors
- Wet floors
- Broken tiling on floors
- Loose carpeting
- Potholes not property covered
- Exposed wires or hoses
- Unstable stairs
- Wobbly or broken handrails
- Snowy or icy parking lots
- Clutter on floors
- Crumbling curbs
- Falling objects
- Open excavations
- Aggressive pets
Additionally, poorly lit sidewalks or poor lighting on walkways or stairs can also lead to hazardous conditions not being visible, creating unsafe conditions. When a person has an accident because they couldn’t see the obstacle or condition that led to their fall, this can constitute negligence.
What are common injuries occurring from slip and fall accidents?
Any time a slip and fall accident occurs, there is the possibility of a serious injury. People who experience these accidents often end up with one or more types of injuries, including but not limited to:
- Broken bones
- Sprains and strains
- Soft tissue damage
- Ligament or tendon tears
- Lacerations and abrasions
- Spinal cord injury
- Neck injury
- Head injury
- Traumatic brain injury
Chronic pain is also common from these and other types of injuries that may be sustained. It is important to seek medical attention as soon as possible after experiencing a fall to help prevent further injury.
What should I do after a slip and fall accident?
Anyone who experiences a slip and fall accident should immediately seek medical attention from a healthcare professional, even if they feel fine or uninjured. The reason for this is twofold.
- Serious injuries could be less apparent, such as a traumatic brain injury, and symptoms may not show up for weeks and are invisible to the naked eye, but a healthcare professional knows what to look for and what victims need to be aware of. Early treatment yields the chance for better recovery.
- If it is determined the accident was due to negligence, the injury is well-documented and any current or future symptoms directly linked to the accident can be better proven in a court of law, strengthening a personal injury claim.
Along with seeking medical care, victims should also try to document the scene of the accident to gather evidence that will prove important later on. Take photos of the hazardous conditions and obtain contact information from any eyewitnesses who can corroborate the accident. These details often prove extremely helpful in proving the property owner’s negligence.
Next, report the incident to the property owner, avoiding any arguments or other altercations. If the slip and fall occurred at work, report it to a supervisor or human resources.
Can I sue for a slip and fall injury?
When an injury occurs in a store, a building, or private residents, victims are permitted under Virginia law to file a personal injury claim to recover damages. However, owner liability and premises liability are not automatic. It must be proven that the owner neglected to maintain the property, warn of potential hazards, or didn’t demonstrate reasonable care of the property. A slip and fall accidents attorney premises liability lawyer Virginia can help.
The Commonwealth of Virginia has what is called the “contributory negligence rule”, which is a bit stringent compared to other states. In any personal injury case, the defendant is going to make a case as to why they were not responsible and try to place some level of blame on the victim.
When making injury claims, victims need to be prepared to defend their claim and “shoot down” any arguments that they were at fault. If property owners can place any amount of legal blame on the victim, they may end up with no compensation due to Virginia not following “comparative negligence” rules. Virginia instead operates with less plaintiff-friendly “contributory negligence” rules for personal injury claims.
In other words, if any percentage of blame is placed on the injured party for the accident, they cannot recover compensation. Working with an experienced Virginia slip and fall injury lawyer that understands the intricacies/complexities of handling a premises liability case can help protect injured parties from losing out on the compensation they deserve.
What is the slip and fall statute of limitations in Virginia?
A question many injury victims ask is “How long after a slip and fall accident can you sue in Virginia?” The Commonwealth generally places a statute of limitations of two years to file a claim with the date of the accident being the starting point of this “clock.”
There are some exceptions where a court may accept a claim beyond two years, so it is always a good idea for injury victims to consult with a Virginia slip and fall injury lawyer to see if their claim may be eligible.
Should I Hire a Virginia Slip and Fall Injury Lawyer?
Anyone suffering injury from a slip and fall accident should always consult with a knowledgeable Virginia personal injury attorney who thoroughly understands premise liability law. Insurance companies are almost always going to try to settle for the smallest amount of money possible, which often does not consider long-term losses associated with medical bills, surgeries, and lost wages.
Allowing a lawyer for slip and fall accident situations to serve as a go-between to speak to owners, insurance companies, and any other parties is helpful for victims. Involved parties are likely to be worried about protecting themselves and avoiding making settlements. For instance, the defendant’s insurance company and their attorneys will be actively looking to blame the victim and dismiss negligence claims – the injured need someone to defend their best interests and fight for them as well.
Having good legal representation can make the difference between obtaining compensation to pay for medical expenses and other costs, or losing out on the possibility of having enough money to cover your bills. A Virginia premises liability lawyer will know exactly how to aggressively fight back against those who try to blame the victim for a slip and fall accident.
Contact an experienced Virginia slip and fall injury attorney today!
Attorney Steven M. Oser has been representing and fighting for personal injury victims since 1989. With years of experience and a strong dedication to protecting accident victims, Attorney Oser understands the very real challenges victims face, whether it is coping with physical and emotional injuries, financial difficulties, or worries about the future of themselves and their families.
At the Steven M. Oser, P.C. law office, the client-attorney relationship is of the utmost importance. Its legal team prides itself on providing all our clients with personalized attention from an attorney and obtaining for them the maximum amount of compensation. His office handles injury cases in Virginia Beach, Chesapeake, Norfolk, Suffolk, Windsor, Franklin, Ivor, Wakefield, Waverly, Surry, Smithfield, Courtland, Portsmouth, and all of Hampton Roads.
If you or a loved one were injured in a slip and fall accident, call the Steven today to speak to a real accident attorney (not a staff member) about filing a fall claim. The accident lawyers at his office are happy to provide you with a free case evaluation and promise to deliver sound legal advice. Call (757) 539-4127 or complete the law firm’s online contact form and our office will get back to you right away.