When you are injured in a slip and fall accident on someone’s else property in Chesterfield County, it could be in your best interest to examine your options for pursuing compensation. Whether you decide to proceed with an insurance claim or file a personal injury lawsuit, there are numerous Virginia statutes and legal procedures that could impact your case.
A practiced Chesterfield County slip and fall lawyer with in-depth knowledge of personal injury law could explain what rules may apply to your case. An experienced personal injury attorney could tirelessly pursue a claim for damages against the at-fault party on your behalf.
A statute of limitations is the law that establishes a deadline for filing lawsuits in the Commonwealth’s civil court system. If the injured party tries to file a slip and fall lawsuit after the statutory deadline, the court would almost certainly dismiss their case. In rare instances, the “clock” could pause and provide the plaintiff additional time to start their case.
In the state of Virginia, there are three primary statutes of limitation that could apply to a slip and fall accident occurring on defective or dangerous property. Under Virginia Code § 8.01-243, injury victims generally have two years from the date of the accident in which to file a personal injury lawsuit.
In rare situations where the slip and fall causes the person’s death, their eligible surviving family members or the estate representative has two years from the date of the decedent’s death to bring a wrongful death lawsuit to court. A slip and fall attorney in Chesterfield County could evaluate the circumstances of the accident to determine which statutory deadline applies to the claim.
Virginia is among a handful of states that follows the contributory negligence rule. Under the doctrine of contributory negligence, if the injured party is found to bear any responsibility for the accident, they cannot recover compensation from the defendant. In an attempt to cast some portion of the blame on the slip and fall victim, the property owner may claim that:
Even if the plaintiff’s trip and fall case never makes it to trial, the contributory negligence rule could still be a deciding factor. At settlement negotiations, the property owner’s insurer and/or their lawyer could try to pin some of the blame on the injured party. An accomplished Chesterfield County lawyer could build a strong case for the slip and fall victim showing that the property owner’s negligence was the sole cause of the injuries. To recover damages, injured slip and fall victims should seek the services of a dedicated lawyer as soon as possible.
If you were hurt in a slip and fall accident and now face mounting medical bills, lost income, and other expenses, it might be time to contact a Chesterfield County slip and fall lawyer. Call now to schedule an initial consultation and discuss your next steps.