Charleston, WV Slip and Fall Lawyer
Charleston, WV Slip and Fall Attorney
When a person is injured in a slip and fall accident on property that someone else is responsible for maintaining, the injured person may have grounds for a claim. These types of accidents can occur almost anywhere, and property owners are responsible for ensuring the safety of people on their property. If you were injured because of a slip and fall due to someone else’s actions or negligence, a Charleston, WV slip and fall lawyer can help you recover damages.
Wooton, Davis, Hussell & Johnson, PLLC has a deep understanding of West Virginia slip and fall laws. Our personal injury lawyers in Charleston have been providing aggressive legal representation to residents in and around Charleston for decades and have helped countless clients receive the desired outcome in their cases. Our top priority is to hold negligent parties accountable for the injuries they cause and secure the compensation our clients need to heal.
West Virginia Slip and Fall Laws
Slip and fall accidents are common in West Virginia and can occur on business premises, public property, or private residences. In the United States, 35% of all nonfatal personal injuries are the result of slip and fall accidents, as well as 21% of preventable deaths, according to the most recent data by the National Safety Council (NSC).
West Virginia has a fall-related death rate of 19.3 per 100,000 residents, compared to the national average of 14 fatal falls per 100,000 residents.
Injuries in slip and fall accidents can vary in severity and impact on the injured person. In some cases, injuries can heal quickly and completely. However, more serious injuries can have long-lasting or even permanent consequences. Some of the most common injuries caused by a slip and fall accident include:
- Broken bones
- Fractures
- Spine injuries
- Traumatic brain injury (TBI)
- Concussions
- Injuries to joints such as shoulders, elbows, wrists, knees, and hips
- Sprains and other muscle injuries
- Lacerations and contusions
Filing a Claim
When such a slip and fall is caused by hazards in the environment, the injured person may have legal grounds to file a personal injury claim. In general, the defendant is a property owner, manager, or other party responsible for maintaining the property’s reasonable safety, but in some cases, other parties may also be involved. Negligent parties can sometimes include maintenance companies, inspectors, contractors, or others.
To file a successful slip and fall claim in Charleston, West Virginia, the injured person must show that the responsible party failed to exercise reasonable care. This includes the upkeep of the property to make sure it is safe for others to use it and may involve inspecting the property for unsafe conditions, making repairs, posting signs to alert of potential danger, and following all proper guidelines for safety. Common unsafe conditions in premises liability cases include:
- Floors that are wet with spilled liquid, wax, or floor polish
- Worn or torn carpet or flooring
- Improper safety equipment, such as handrails
- Debris or other loose objects in a walkway
- Improper lighting
- Damaged sidewalks, potholes, or other uneven ground
- Weather conditions like rain, sleet, ice, or snow
- Poor design elements like steep, narrow stairs
West Virginia uses a modified comparative fault system, which means that if a person’s actions contributed to their own injury, the compensation they can recover may be limited based on the percentage of fault they are assigned. For example, if someone trips on a pothole while scrolling on their phone, the property owner may have some fault for the pothole, and the injured person may be assigned some of the fault for their contributing actions.
FAQs
Can You Get Compensation for a Slip and Fall?
Yes, in many cases, you can get compensation for slip and fall accidents that lead to a serious injury. In general, to get compensation for this kind of injury, you must prove that the injury was caused at least in part by someone else’s negligence. Proving negligence can be a challenge and requires a deep understanding of personal injury law. A trusted slip and fall lawyer can help you determine who is at fault for your injury.
What Are the Criteria for Negligence?
The criteria for negligence in a slip and fall case are that someone was injured, the injured person suffered damages because of the injury, the injury is a result of an accident, and the accident only occurred because of someone else’s failure to act with appropriate care. Damages can include physical injury, damage to personal property, and pain, suffering, or mental anguish. The claimant must prove negligence.
How Much Are Most Slip and Fall Settlements?
The amount of a slip and fall settlement can depend on various factors involved in the accident, as well as the impact of the injury on the person’s life. Settlements are often based on the financial damages the injured person sustained, such as hospital bills, lost wages, or permanent disability resulting from the slip-and-fall. The most effective way to determine what your settlement might be is to speak with a knowledgeable slip and fall lawyer.
What Is the Hardest Injury to Prove?
The hardest injury to prove is an injury that does not show up on a medical scan, such as an MRI or X-ray. Such injuries are often called invisible injuries, and they can include chronic pain or psychological injuries such as post-traumatic stress disorder (PTSD). It can be challenging to prove that such injuries are directly related to the incident in question. A skilled personal injury attorney can often help you gather the necessary evidence for your case.
Hire a Slip and Fall Lawyer to Help in Your Case
When you hire a slip and fall lawyer from Wooton, Davis, Hussell & Johnson, PLLC, you are getting a fierce advocate who can develop a solid legal claim and help you recover the damages you suffered because of your injury. Our legal team brings decades of experience handling slip and fall claims in and around Charleston and will fight tirelessly to secure the compensation you deserve. Contact our offices today to discuss your case and learn how we can help.
Charleston, WV Slip and Fall Accident Resources
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