An estimated 25,000 slip and fall accidents happen in the US every year, many with accompanying injuries. While most people believe slip and falls happen to people over 65, anyone under 65 can also find themselves with serious injuries from a fall, especially at a workplace. These accidents are the second leading cause of accidental death, right behind car accidents, and are the leading cause of injury for all age groups.
Slip and fall accidents can leave a person with a wide range of injuries, including broken bones, neck, and spinal injuries, and are the most common cause of brain injuries. After this type of accident, you have a number of things to take care of in order to file a claim and potentially receive compensation.
Reporting Your Accident
If you fall in a public place or a business, such as a grocery or other retail store, supermarket, mall, or other establishments, you should report your accident to management immediately.
Should the accident occur on public property, such as a library or a park, call 911.
Most establishments will have some form of reporting required. Doing so will document the accident and possible injuries, complete with date, time, witnesses, and the circumstances of your fall and injuries. These reports provide tangible proof of your slip and fall accident in the event that witnesses are no longer available, or that there are no witnesses.
Of course, you’ll report your injures to your insurance company when you file a claim, but it’s also important to report your accident to the entities who own or manage the place where the accident happened.
Statute Of Limitations
Once you’ve returned home from the hospital, you’ll be dealing with medical bills and insurance companies. If you’ve decided to file a claim, there are time limits for filing insurance claims and for filing a lawsuit, if necessary.
West Virginia Code section 55-2-12 has a limit of two years from the date of the accident to file a claim for your accident that’s caused by someone else’s negligence. The time limit applies to both personal injuries as well as property that was damaged, such as a smartphone.
If you miss that two-year deadline, the other party will request that the court dismiss your case, and chances are, the court will.
Proving Your Claim
Many stores and property owners will discount your claim and deny any negligence or wrongdoing on their part and claim that they’ve done everything they can to prevent the accident. Some will also go so far as to claim that you were responsible for your accident to deflect blame from themselves.
But under premises liability law, owners, managers, and employees have an obligation to keep the premises safe for everyone who visits. Ignoring a potential hazard that harms another individual is generally considered to be negligence. But as the injured party, you’re responsible for proving that their negligence is directly responsible for causing the slip and fall accident that resulted in your injuries.
The Love Law Firm When You’re Injured In A Slip & Fall
If you’ve been injured due to someone else’s negligence, don’t try to take care of your case on your own. You may miss deadlines or other important facts and information that could cost you thousands, or cost you the entire case.
The Love Law Firm is Charleston, West Virginia’s personal injury law firm with extensive experience handling all kinds of premises liability cases, including slip & falls. Call us today at 304-344-5683 or contact us online and schedule your free consultation. There’s no fee until we win your case, and our contingency fee arrangement means you won’t pay unless we win.