Slipping and falling can sometimes lead to minor bumps and bruises, but it can also result in serious and sometimes even fatal injuries.
If you or a loved one was the victim of a slip and fall accident and suffered harm, you have legal rights under Virginia law.
Monge & Associates can help you to pursue a slip and fall claim and recover compensation from those responsible for harming you.
Call our Richmond personal injury lawyers today to schedule your free consultation and learn more – (804) 315-3263
No Fees Unless We Win
Ready to Fight for Justice? Contact Monge & Associates Now
Why Choose Monge & Associates for Your Slip and Fall Case
Having the right legal advocate on your side can make all the difference in a slip and fall claim.
Monge & Associates is here to help, and there are many reasons you should turn to our firm in your pursuit of justice:
- Our legal team has been helping fall victims since 1993.
- We know Virginia’s premises liability laws inside and out and can make a compelling claim for why the defendant is responsible for your losses
- Our firm has a long history of out-of-court settlements and court verdicts that fully compensate fall victims, so you can trust that your case is in solid hands. See what our past clients said here.
- We have strong negotiation skills and solid litigation experience, so we are ready to convince the insurance company to fairly compensate you — or to go to court to fight for a fair outcome if no settlement can be reached.
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Understanding Premises Liability in Virginia
Premises liability laws govern slip and fall cases in Virginia. Here’s what this means for you.
Property Owner Duties to Visitors
When you make a slip and fall claim, you must show that the property owner failed to fulfill a duty to you.
The specifics of their duty depend on your status on the property.
- Invitees: Invitees are owed the highest duty of care. They include customers, diners, and others on the property for the benefit of the owner or do business with the owner.
- Licensees: Licensees are social guests, such as friends who are visiting or those there for the mutual benefit of the guest and owner. They are owed an intermediate duty of care
- Trespassers: Trespassers are uninvited and owed a very limited duty.
Monge & Associates will help you establish your status and help you show how the defendant fell short of their obligations to you.
Virginia’s Contributory Negligence Rule
Virginia law follows a rule called contributory negligence which says you cannot pursue a claim even if you are only 1% to blame for the accident.
However, there are legal doctrines that help protect victims, including the last clear chance doctrine.
Having the right legal representation is critical to show how the defendant is to blame and to stand up to insurance companies that want to pay you too little.
Monge & Associates has a long history of successful cases, so you can rest assured we understand how to work within VA’s complex laws to help you get justice.
Common Causes of Slip and Fall Accidents in Richmond
Slips and falls happen for many reasons, but here are some of the most common causes.
- Wet and Slippery Surfaces
- Spills in grocery stores and restaurants
- Recently mopped or waxed floors
- Rain, snow, and ice accumulation
- Defective Property Conditions
- Broken stairs and missing handrails
- Uneven sidewalks and parking lots
- Poor lighting in stairwells
- Hazardous Obstacles
- Loose carpeting or floor mats
- Construction zones without warnings
- Merchandise or debris in walkways
- Negligent Maintenance
- Failure to repair known hazards
- Inadequate inspection procedures
- Missing or improper warning signs
In many of these cases, the fall could have been prevented if the property owner had exercised reasonable care.
When that happens, they can be held liable for losses.
Common Locations for Richmond Slip and Fall Accidents
Slip-and-falls can happen anywhere, but here are some of the most common locations where they occur:
- Retail stores and shopping centers
- Restaurants and bars
- Apartment complexes and rental properties
- Office buildings and parking garages
- Public sidewalks and government buildings
- Hotels and entertainment venues
No matter where you fell, Monge & Associates will help you to determine all the potential defendants who could be held responsible for the harm that resulted.
What to Do After a Slip and Fall Accident
You need to protect your health and your legal right after a slip and fall accident in Virginia.
Here are some of the steps that you should take to do that.
- Seek immediate medical attention: This will help you to prove your injuries were the cause of the crash and will allow you to document their security.
- Report the incident to property owner or manager
- Document everything so you can prove your claim later.
- Take photos of the hazard and your injuries
- Get witness names and contact information
- Keep all medical records and receipts
- Avoid giving statements about fault or injury severity as you don’t want to do anything to jeopardize your case
- Contact a Richmond slip and fall lawyer before speaking to insurance since insurance companies want to pay you as little as possible
- Preserving evidence including clothing and shoes worn as these can help you to prove your claim later.
Proving Your Slip and Fall Claim in Virginia
If you want to make a successful slip and fall claim in Virginia, there are certain things that you need to prove.
Here’s what you must show in your case.
Four Elements You Must Establish
You’ll need to demonstrate the following in a successful slip and fall claim:
- The property owner owed you a duty of care: This is established based on your status as an invitee, licensee, or trespasser.
- The owner breached that duty through negligence: You’ll need to show they were more careless than they should have been based on your status on the property.
- The breach directly caused your fall: Their failures must have been the direct cause.
- You suffered actual damages from the fall: This means showing you were harmed in a way you can be compensated for.
Evidence Our Attorneys Gather
Monge & Associates will help you to gather the necessary evidence to prove the four elements of your claim, including:
- Surveillance footage and incident reports
- Maintenance and inspection records
- Expert testimony from safety professionals
- Medical documentation of injuries
This evidence will help make your case stronger so you can maximize the chances of getting full and fair compensation.
Damages You Can Recover in a Richmond Slip and Fall Case
You should be “made whole” for your fall injuries or recover for all economic and non-financial losses, including the following.
- Economic Damages:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Physical therapy and rehabilitation costs
- Home modifications for mobility
- Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Virginia’s Statute of Limitations for Slip and Fall Claims
Virginia has a two-year statute of limitations for slip and fall claims, so you must act within that time or your case typically will not be allowed to move forward.
Monge & Associates can help you meet deadlines to preserve your case.
How Our Richmond Slip and Fall Lawyers Help Your Case
Monge & Associates will be there for you from day one to help with your slip and fall claim.
Some of the tasks we’ll take care of include:
- Conducting a thorough investigation of the accident circumstances
- Dealing with property owners and insurance companies
- Calculating the full value of your claim
- Negotiating the maximum settlement with the insurer
- Representing you in trial if necessary, because no settlement is reached
Throughout this process, you will pay no upfront costs.
We advance all case expenses, and you pay legal fees only if you win.
Frequently Asked Questions
Still need to know more? Here are some answers to some frequently asked questions about slip and fall cases.
What if I was partially at fault for my fall?
You may be unable to pursue a claim if you share responsibility for your fall. However, an attorney can help you explore options for pursuing justice.
How much is my slip and fall case worth?
The value of your case depends on the extent of your losses. Monge & Associates will help you understand how much your case is worth and assist in proving damages
How long will my case take to resolve?
Monge & Associates will help you to move your case along as quickly as possible, but it can still take time as you navigate the justice system. The specific timeline depends on many factors, including whether your case is settled or goes to trial.
What if the property owner claims they didn’t know about the hazard?
The property owner may have had a duty to inspect the premises for dangers. It will also be important to determine whether a reasonably prudent property owner would have been aware of the hazard. If they should have known about the risk, then they can still be held liable even if they claim they were unaware.
Can I still file a claim if I didn’t report it immediately?
You may be able to file a claim even if you didn’t report a fall immediately, but it would be harder to prove causation in your case. An attorney can help you understand your options.
Contact Our Richmond Slip and Fall Attorneys Today
If you or someone you love was hurt in a slip and fall accident, reach out to Monge & Associates to talk with a Richmond slip and fall attorney who can help you fight for justice.
Visit Our Richmond Office
7204 Glen Forest Dr Suite 200A
Richmond, VA 23226
(804) 315-3263