No matter how careful you can be, the careless actions of other people can cause you serious injury. Slip and fall accidents can spell catastrophic injuries and exorbitant medical expenses. If you or a loved one had slipped and been injured in the accident you may be entitled to financial compensation. Another person’s negligence in managing their commercial property or residential property shouldn’t have to cause you suffering.
In this article, we’ll discuss the basics of slip and fall cases in West Virginia. If you need help, call our experienced Wheeling personal injury attorneys. We’ll get you the maximum compensation you deserve for your out-of-pocket expenses and pain and suffering.
What are the Time Limits for Slip and Fall Accident Injury Claims?
There is only a set period from the date of the accident by which you can still sue the person responsible for your accident. The state’s statute of limitations gives you two years from the date of the accident to file a case in court. Beyond this time period, you’re not going to be able to get damages from your accident injury claim.
This limit is for lawsuits, not for insurance claims for the injury. Of course, it’s still best if you get in touch with the insurance companies as soon as you can.
If you’re unsure how to file a personal injury lawsuit or how to negotiate with your insurance company, give our Wheeling West Virginia personal injury law firm a call.
How do West Virginia Courts determine Fault?
According to the premises liability laws of West Virginia, property owners have to maintain a certain standard of safety to keep visitors safe. Even the most attentive person can still suffer the accident if the property owner does not maintain the standard of safety. If the property owner does not follow this standard, you have the grounds to file a lawsuit against them.
When it comes to determining who’s at fault, the state follows a modified comparative fault standard. This means that even if you were partly responsible for the accident, you can still claim compensation depending on how much of the blame falls on you.
Under West Virginia’s modified comparative fault rule, you may receive an amount equal to the total damages award, minus an amount equal to the percentage of your fault. This means that if you were awarded $10,000 in damages but were found to be 10% at fault, then you’ll receive $9,000 worth of damages.
This applies as long as you’re less than 50% at fault for the slip and fall accident. If more than 50% of the blame is assigned to you, you’ll get no damages awarded to you and you’ll be barred from collecting damages from any other party involved.
As you have read, assigning blame is crucial when it comes to receiving your compensation from the other parties at fault. Talk to our skilled Wheeling personal injury lawyers now to see how fault works for your case.
How Can I Prove My Slip and Fall Case?
You and your attorney have to prove the following elements to be true to prevail in your slip and fall case.
- The other party should have been aware of the hazard and have taken action to protect people from being injured by it.
- You were careful and attentive while walking on the dangerous surface.
- You had been injured due to the slip and fall accident.
- The injuries cost you money.
Once you and your attorney have proven all of the above elements, then you may be awarded damages from your expenses such as lost wages, rehabilitation, medical bills, among many others. You can also receive compensation for the pain and suffering, such as loss of consortium or emotional distress.
If the negligent actions of a property owner caused you serious injuries from a slip and fall, you’re entitled to financial compensation. Contact our Wheeling accident attorney for legal representation and let us handle your personal injury case while you focus on your recovery.
Common Defenses against Slip and Fall Claims
If you’re going to fight for your right to compensation, you need to know what the other party can defend against your claim and possibly reduce your compensation. Here are a few common defenses:
- You were not paying attention while walking along with the property.
- The hazardous part of the property was dangerous.
- You were trespassing.
Slip and fall cases can be complicated. If you make a mistake in your case or your statements, you may be awarded fewer damages than you were supposed to get. Skilled personal injury trial lawyers get verdicts in favor of their clients. Contact our Wheeling lawyers now for help with the legal process: from document preparation, gathering evidence, to the actual trial. Call us now!
A slip and fall accident case can be a traumatic and excruciating experience. Imagine having to suffer through court proceedings while you’re suffering from your injury only to get a measly compensation. Don’t let that be the case.
If you’ve been injured in a slip and fall accident, don’t hesitate to contact our personal injury attorneys from Ghaphery Law Offices, PLLC. Our experience with personal injury law can help get you the maximum compensation possible.
When you contact us for a free personal injury case evaluation, we will take the time to discuss your options and determine the right course of action for you. You may learn about treatment options and what you can do to help your personal injury attorney. We also have other areas of personal injury, be it a car accident, motorcycle accident, pedestrian accident, or truck accident.
Don’t suffer any longer than you should. Call our Wheeling WV personal injury lawyer today for a free consultation.