An Arlington slip and fall lawyer is an invaluable advocate when you have suffered a fall injury.
You need a lawyer you can trust, and Monge & Associates is the place to turn.
You can reach out to our Arlington personal injury lawyers today to schedule your free consultation and learn more about the help and support we offer.
No Fees Unless We Win
Time is Limited – Contact Us Before Evidence Disappears
Why Choose Monge & Associates for Your Arlington Slip and Fall Case
Slip and fall cases require an attorney with a deep understanding of the law. Monge & Associates brings that understanding to your claim.
Our firm:
- Has recovered millions for fall victims
- Has been representing victims of falls since 1993
- Is prepared to negotiate with homeowners’ insurers and property insurers on your behalf
- Has won many slip and fall verdicts in court and knows how to build a strong claim
- Treats every client with compassion, as our many five-star reviews show
We won’t charge legal fees if we don’t win your case, so contact our Arlington slip and fall lawyers to learn the specifics of what we can do for you.
Understanding Premises Liability in Arlington, Virginia
Premises liability laws are the body of law governing slip and fall cases in Virginia.
Here are the rules you need to know that will impact your civil claim after a slip and fall.
Property Owner Duties Under Virginia Law
Property owners have certain legal obligations under VA law, including:
- A duty to maintain reasonably safe premises: Property owners or occupiers are obligated to make sure their property is not unduly risky before letting people onto it.
- Regular inspection and maintenance requirements: These requirements vary based on the type of property and the type of visitors coming to the home.
- Obligation to warn of known hazards: Property owners typically must disclose known risks to avoid liability.
Types of Visitors and Their Rights
Visitors are divided into three categories under Virginia premises liability laws, and your categorization impacts the duty the property owner owes to you.
Here are the three different classifications:
- Invitees: These are people with a business relationship with the property owner, like customers or diners in a restaurant. They are owed the highest duty of care.
- Licensees: These are social guests like friends and neighbors. They are owed an intermediate duty.
- Trespassers: These are unwanted and uninvited guests and are owed a very limited duty
Monge & Associates will work with you to prove which type of guest you were and to show how the property owner fell short of fulfilling their obligations to you.
Virginia’s Contributory Negligence Rule
Virginia has a rule that differs from most of the rest of the country, called a contributory negligence rule.
Under this rule, if you were even 1% responsible for the fall, you can’t pursue a claim.
Insurers and defendants often try to use this rule to shift blame and avoid accountability.
An experienced Arlington, VA slip and fall accident lawyer will help you identify ways to show the defendant was at fault and should pay damages even under these strict guidelines.
Common Causes of Slip and Fall Accidents in Arlington
There are many causes of slip and falls that you could face including:
- Wet and Slippery Conditions: Spills in grocery stores and restaurants, recently mopped floors without warnings, and rain, ice, and snow accumulation could all lead to a fall.
- Structural Defects: Broken stairs and missing handrails, uneven sidewalks and parking lots and torn carpeting or loose flooring are defects that could increase your fall risk.
- Environmental Hazards: Problems with the environment, like poor lighting; construction zones with no barriers; or cluttered walkways and aisles could cause or contribute to falls.
- Negligent Maintenance: If a property owner does not address known hazards, act quickly to remove snow and face, and neglects to place warning signs of risky conditions, they can be held liable for the consequences of their negligent maintenance.
High-Risk Locations for Arlington Slip and Falls
While falls can happen anywhere, here are some especially high-risk locations in and around Arlington.
- Pentagon City and Fashion Centre shopping areas
- Clarendon and Ballston metro stations
- Crystal City office buildings and hotels
- Arlington restaurants and bars
- Apartment complexes throughout the county
- Government buildings and public sidewalks
- Grocery stores
If you slipped and fell in these or other areas, reach out to Monge & Associates to get help taking action against the defendant.
Steps to Take After a Slip and Fall Accident
In the aftermath of a slip and fall, it’s a good idea to get prompt medical attention.
Not only can this help you to get injuries treated and avoid misdiagnosing a serious injury as a minor one, but this can also help you get compensation since you can prove your injuries are fall related.
You should also:
- Report the incident to the property owner or manager immediately
- Document everything by photographing the hazard from multiple angles, getting witness names and contact information, and completing an incident report and keeping a copy
- Contact an Arlington slip and fall lawyer before speaking to insurance or disclosing details of how the fall happened.
Monge & Associates will help you to take these steps in your pursuit of justice.
Proving Your Arlington Slip and Fall Claim
It is up to you to prove your slip and fall claim to recover compensation. Here’s how to do it.
Four Elements You Must Establish
Proving an Arlington slip and fall claim requires showing:
- The property owner had an obligation to you (based on your status at the property)
- The property owner breached the obligation
- The breach caused your slip and fall
- You suffered damages you can be compensated for.
You must show each of these elements of your case to get compensation for your losses.
Critical Evidence We Gather
Monge & Associates will help you gather the evidence you need to make your claim including:
- Surveillance footage and photos
- Maintenance and inspection records
- Weather reports for outdoor falls
- Expert testimony on safety standards
- Medical documentation of injuries
Compensation Available in Arlington Slip and Fall Cases
You should be entitled to full and fair compensation in an Arlington slip and fall case.
This includes compensation for:
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Physical therapy and rehabilitation
- Home modifications for disabilities
- Pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Permanent disability or disfigurement
Many factors affect your case value, and the amount of compensation you can collect, including the severity of your injuries, their impact on your ability to work, and the degree of the negligence of the property owner.
Virginia’s Statute of Limitations for Slip and Fall Claims
Under VA. Code § 8.01-243, you have two years from the date of your accident to pursue a slip and fall claim.
This deadline is called the statute of limitations. It exists to make sure that cases don’ t get too old.
Because of the statute of limitations, you need to act quickly.
Taking swift action also helps you to preserve evidence.
The sooner you consult with an Arlington, VA slip and fall attorney, the sooner your lawyer can help you to begin collecting the evidence you need to make your claim.
How Our Arlington Slip and Fall Attorneys Build Your Case
At Monge & Associates, our firm provides help from day one after your accident until your claim is resolved.
Some of the ways we can help you build a strong case include the following:
- We’ll conduct a thorough investigation of the accident circumstances to determine the cause
- We’ll consult with safety and medical experts who can testify on your behalf to strengthen your claim.
- We’ll deal with property owners and insurance companies, aggressively negotiating with them to pursue a settlement that provides the maximum compensation
- We’ll represent you in trial if a settlement cannot be reached
Throughout every step of your claim, you’ll get personal attention from the lead attorney assigned to your case, so you’ll know you’re in good hands.
Common Defenses We Fight Against
Property owners often try to push the blame onto you so they can avoid paying for your losses.
Here are some of the most common defenses that property owners raise that Monge & Associates is experienced in fighting against:
- Claims you weren’t watching where you were going
- Arguments you assumed the risk
- Allegations of contributory negligence
- Denials about knowledge of the hazard
- Claims the hazard was “open and obvious”
We have successfully helped clients to defeat all of these different defenses so they can prevail in their case and get the compensation they need to move forward.
Frequently Asked Questions
How much is my slip-and-fall case worth?
The value of a slip and fall claim can only be determined by considering your personal circumstances, including whether the property owner had good insurance, the strength of your evidence, and the severity of your injuries. Monge & Associates will help you value your case.
Can I still recover if I was partially at fault?
Contributory negligence rules prevent people in VA who were partly at fault from taking legal action. However, fault is a legal standard, and there are legal doctrines that may be able to help preserve your claim, so don’t assume you can’t get compensation until you’ve talked to a lawyer about your case.
What if the property owner claims they didn’t know about the hazard?
Depending on the kind of property and the types of visitors, property owners may be expected to know about certain hazards that a reasonably competent owner would be aware of, or may be expected to inspect for them.
Contact Our Arlington Slip and Fall Lawyers Today
Don’t try to handle fall injury cases on your own.
Contact our Arlington slip and fall lawyers at Monge & Associates to get help fighting for the full and fair compensation you need when a property owner’s carelessness changed your life or took the life of your loved one.
Our Arlington Office
1408 N Fillmore St Suite 6A
Arlington, VA 22201
(703) 991-4787