Slip and fall accidents, also known as premises liability claims, are a common type of injury lawsuit. These types of suits are caused by any number of accidents, from slipping on a wet floor to tripping over a poorly-placed drop cord, and such accidents can be handled in a number of different ways. As with most other types of suits, it is important to have the proper legal representation afforded by a well-respected Charleston slip and fall accident attorney, such as Chad Love at the Love Law Firm.
What is Considered a “Slip and Fall” Case?
In West Virginia, a slip and fall injury suit is decided based on negligence and personal injury laws. These laws have several requirements. First, the owner or tenant of the building must have known about the hazard, and have been able to take more steps to prevent injury. This includes drop cords being left unsecured or standing water left unmarked. Secondly, you must have been careful while walking on a dangerous surface. For example, if you were walking on ice, you must have not been trying to slide across it or intentionally slip. Third, you must have been injured in the slip and fall accident. This includes any range of injuries from a sprained wrist or ankle to broken bones and concussions. Finally, any injuries caused by the accident must have cost you money.
Types of Slip and Fall Cases
There are two primary classifications of slip and fall cases. A Commercial Property Claim is filed when a slip and fall accident occurs on a commercial property, such as a restaurant, retail store, or other places of business. A Residential Property Claim is filed if you are injured on a rented property, where the landlord may be responsible for your injury. With either of these claims, you have up to two years to file a claim, but the sooner you file, the better off you are, since your slip and fall attorney can be sure to thoroughly discuss your case with you and file all paperwork before the deadline.
What If I am Partly to Blame?
If you are partly to blame for your slip and fall accident, you can still start your case. Often, the property owners in slip and fall cases will argue that you are partially responsible. These accusations may include claims that you were in an abnormal location of the property, you were distracted at the time of the accident, or you failed to notice clear signs of the danger, such as safety cones. Even if you are deemed partly responsible, you may still be able to receive some awarded funds for damages under the West Virginia “comparative negligence” laws. As long as you are found less than 50% responsible for the accident, you will still be awarded damages.
Seek Professional Legal Counsel Quickly
It is imperative that you find a legal representative as soon as you can after a slip and fall accident. Only a West Virginia slip and fall attorney, such as Chad Love at The Love Law Firm, is able to accurately assess the situation, recover evidence, and assess whether or not to pursue a lawsuit. Bear in mind that although two years seems like a lot of time in which to file a claim, it is not a lot of time in which to find a qualified attorney, have him or her thoroughly assess your situation, and submit all necessary paperwork while you’re also possibly going through difficult financial or medical situations resulting from your injuries.
Chad Love of the Love Law Firm has a long record of success in defending slip and fall clients and can help you get the restitution you deserve. Call us today at (304) 344-5683.