Deadlines & Shared Fault Rules for Slip & Fall Cases

Written by: Coletrane & Messersmith

What to Know If You Are Injured in a Slip & Fall Accident in Virginia

If you are injured in a slip and fall accident in Virginia it is important to know your rights and responsibilities. Failing to follow all legal requirements can result in your case being dismissed or your claim for damages being denied. To ensure that you receive the compensation you deserve, you need to speak with a highly qualified attorney.

At Coletrane & Messersmith, we understand how challenging an unexpected injury can be for a family. You may be unable to work or have extraordinary medical bills. We will fight for you to receive the recovery you need. Our lawyers have secured millions of dollars for clients throughout Virginia. If you were injured in a slip and fall accident, contact our office at +17572234455 to book a free consultation. 

How Long Do I Have to File a Slip and Fall Case?

Every jurisdiction has a statute of limitations or a legal time limit for how long you have to file a lawsuit. According to the Code of Virginia, a person has two years to file a cause of action against a person or entity that caused them personal injury. The two-year statute of limitations applies to individuals who have been injured in slip and fall accidents. 

If you try to file a claim after the two-year time period it could result in your case being dismissed. There are limited exceptions to the statute of limitations, so you should always speak to an attorney to discuss your rights.

What If My Loved One Was Killed in a Slip and Fall Accident?

Slip and fall accidents can cause severe, life-threatening injuries. In some cases, these kinds of accidents can prove fatal. If your loved one was killed in a slip and fall accident, you have two years from the date of their death to bring a cause of action for wrongful death.

What If I Am Partially to Blame?

The majority of states in the U.S. follow a comparative negligence rule when it comes to personal injury cases. What this means is that if an injured party is found partially to blame for the accident their recovery may be reduced in proportion to their fault. In some states, the only bar to recovery is if their percentage of fault exceeded 50% or 51%.

The Commonwealth of Virginia, however, follows the much harsher rule of contributory negligence. The legal doctrine of contributory negligence states that a plaintiff (injured party) is barred from recovery if they are found to be even partially responsible for the accident. Knowing this strict law, property owners will try to put an injured party at fault for the incident.

If you are injured in a slip and fall accident, you need to speak to an attorney before making a statement to an insurance adjuster or potentially negligent party. Your words can easily be taken out of context allowing the other party to put you at fault for the accident. An attorney can help ensure that you are not wrongfully put to blame for your injuries.

Injured in a Slip and Fall? Contact Our Office.

Were you injured in a slip and fall accident in Virginia, contact our office at +17572234455 to book a free consultation. Our lawyers have extensive experience handling even the most complex cases. Do not wait. Call now to get started. 

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Injured? Get Help, Fast.

If you have been injured contact our office for a free, no-obligation consultation. Call (757) 223-4455 to discuss your legal options. Cases are handled on a contingency fee basis, meaning you pay no fees unless we win.

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