Property owners have a responsibility to maintain their property, identify potential hazards, and take immediate steps to eliminate the safety issue. A failure to do so can increase the risk of a serious, yet preventable, slip and fall accident.
Depending on the nature and severity of the fall, the resulting injuries can require extensive and ongoing medical care, which can be extremely costly. A successful personal injury claim will ensure that you recover the maximum financial compensation you deserve. However, in order to determine how much your case is worth and negotiate the best possible settlement outcome, you must be able to prove that the property owner was negligent and failed to take the necessary steps to maintain their property and eliminate any hazards.
What Are Examples of Hazardous Conditions That Can Cause a Slip and Fall Accident?
There is a wide range of hazards that can cause someone to slip or fall, resulting in relatively minor to severe injuries. The following are some of the most common examples of slip and fall hazards:
- Wet floors
- Broken or cracked pavement
- Ice or snow that has not been cleared away from sidewalks or parking lots
- Uneven or damaged flooring
- Loose rugs or carpeting
- Debris or clutter in walkways
- Broken steps or handrails
- Poor lighting
What Are Common Slip and Fall Injuries?
There are a number of factors that can determine the nature and severity of a slip and fall injury. For example, the height of the fall, the part of the body that is affected, and the age and physical condition of the person who fell. Insurance adjusters generally categorize slip and fall injuries into the following two groups:
1. Hard injuries: These can range from minor cuts to severe and disabling injuries that require ongoing medical care. The following are examples of common hard injuries:
- Broken bones
- Head injuries
- Dislocations
- Open wounds
- Ligament or cartilage tears
- Spinal cord or vertebral injuries
2. Soft-tissue injuries: These are injuries that may not be visible, but can be painful and disabling, and will likely require medical care. They include:
- Sprains
- Strains
- Contusions
- Tendon or ligament tears
- Abrasions
How Are Slip and Fall Injuries Valued?
In most cases, insurance companies consider soft-tissue injuries to be more of a nuisance than a serious injury. As a result, hard injuries generally have greater value due to the more extensive and invasive medical treatment necessary. For example, hard injuries often require X-rays, CAT scans, surgeries, and ongoing medical care.
If the slip and fall accident causes a permanent injury, like a disability or disfigurement, this will have a significant impact on the value of your claim. A successful claim will ensure that you recover the maximum damages to which you are entitled.
Who Is Liable for a Slip and Fall Accident?
When a property owner fails to take the necessary steps to maintain their property, provide adequate warning of an existing hazard, or take immediate steps to repair the hazards, they are liable for a resulting slip and fall hazard. In order to have a successful personal injury claim, you must be able to prove that the property owner was negligent. Depending on the circumstances, it can be difficult to prove that the property owner knew, or should have known about the hazards and failed to act.
In addition, Virginia is one of the few states that follow the “pure contributory negligence” rule, which states that if you are found to be even 1% at fault for the accident, you are prohibited from recovering any damages. For example, if you were injured after tripping on a cracked or uneven sidewalk, but you were looking at your phone while you were walking, the defense lawyer may argue that the hazard was obvious, and you would have seen it if you were not reading or sending a text.
What Damages Am I Entitled to for a Slip and Fall Injury?
If you were injured in a slip and fall accident, and you are able to prove that the individual responsible for maintaining the property failed to do so, you may be entitled to the following damages:
Economic damages
Also referred to as “special damages,” these are generally easily quantifiable, and include expenses that come out of your own, or your health insurer’s, pocket. They include the following:
- All medical expenses associated with your injury, including hospitalization, surgery, medical tests, prescription medication, and follow-up care
- Lost wages for the amount of time that you are unable to return to work due to the injury
- Property damage, including laptops, phones, and other personal items
Non-economic damages
These are also known as “general damages.” They do not come directly out of your pocket, and are more complicated to quantify. They include:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
Most insurers use a formula for determining non-economic damages, which involves multiplying your total medical expenses by a factor of between 1 and 5 to reach a value for non-economic damages. For example, if your total medical expenses were $10,000, and you begin settlement negotiations using a multiplier of three, the value of your non-economic damages will be $30,000.
How Are Total Damages Calculated?
Once the economic damages and non-economic damages are calculated, they are added together to get your total damages. This is a starting point for calculating the range of values of your claim. The following is an example of how total damages in a slip and fall accident may be calculated:
Total settlement estimate = Economic damages + (Economic damages x Multiplier)
The multiplier ranges from 1 to 5 and reflects the severity of the injury. For example, if your economic damages equaled $25,000, and you suffered a moderate injury that required surgery, which warranted a multiplier of 3, your estimated settlement would be $25,000 + ($25,000 x 3), equaling $100,000. Keep in mind that there are a range of factors that may result in a higher or lower settlement, including the following:
- Severity of the injury: The more serious the injury, the more extensive your medical costs are likely to be, which may result in a higher multiplier.
- Property type: Businesses generally carry higher insurance coverage compared to homeowners.
- Insurance policy limits: The at-fault party’s policy coverage may limit your maximum payout.
- Contributory negligence: If you are found to be even 1% at fault, you may be prohibited from recovering any damages.
How Do I Prove a Slip and Fall Claim in Virginia?
The first step in proving your slip and fall claim is to establish “negligence.” There are four key elements of negligence that you will need to establish, including the following:
- Duty of care: This establishes that the property owner has a legal responsibility to maintain their property and ensure that it is safe and free of any hazards or dangerous conditions. If there are safety issues, the property owner has a responsibility to warn individuals of the hazards until the issue can be addressed.
- Violation of duty of care: If the property owner failed to take reasonable steps to address the safety issue or warn individuals of the hazard, this is a violation of their duty of care.
- Causation: You must also show that the violations of the duty of care were the direct cause of the accident that resulted in injuries.
- Damages: You must prove that you suffered measurable losses as a result of the accident, including medical expenses, lost wages, and pain and suffering.
What Evidence Do I Need to Prove Negligence?
If you were injured in a slip and fall accident, the property owners and insurers will try to limit their liability as much as possible. One tactic they may use is trying to place some of the blame on you. If they are successful, this can prevent you from being able to recover any damages. Therefore, it is crucial that you collect as much “evidence” as possible to support your claim and demonstrate that the property owner is fully responsible for the slip and fall accident. The following are examples of evidence that is valuable in a clip and fall case:
- Copy of the accident report
- Photographs and videos of the accident scene
- Footage from surveillance or security cameras
- Statements from witnesses who saw the accident happen
- Copies of your medical records
- Clothing or footwear you were wearing at the time of the accident
The Virginia Beach Slip and Fall Lawyers at Anchor Legal® Negotiate Maximum Damages for Victims of Slip and Fall Accidents
If you were injured in a slip and fall accident, it is highly recommended that you contact a Virginia Beach slip and fall lawyer at Anchor Legal at your earliest convenience. We will determine who is responsible for the accident, ensure that the negligent party is held liable for their actions, and pursue the maximum financial compensation you deserve for your injuries. To schedule a free consultation, call today at 757-LAW-0000 or contact us online. Located in Virginia Beach, we proudly serve clients in the surrounding areas.