Recover what you deserve from your slip and fall injury
Slip and fall (or trip and fall) injuries can have many lasting consequences. Let’s begin your journey to recovery and maximum compensation.
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Common types of slip and fall claims
The Whiting approach to
personal injury law
Why having a trial mindset is important even if you don’t go to trial.
Settlements with insurance companies happen because they want to avoid the risk of a bigger verdict in court.
Even if the plan is to settle out of court, approaching the claim or case by considering what might happen in court has great value. Evaluating your case this way means seeing the facts and circumstances through the lens of seven jurors listening to the evidence.
Because of Jason Whiting’s experience as an insurance claims adjuster and defense attorney for insurance companies, he understands that processing your case facts with a trial mindset is the best way to provide sound counsel and help you achieve maximum compensation.
Important questions about slip and fall injury cases
Sure, if you value a quick, lowball settlement more than you value maximum fair compensation (and some people do). Based on Jason’s years of experience as a claims adjuster and insurance lawyer, he is confident that his help will net you more money than you otherwise would facing the insurance company alone. Why is that? Insurance adjusters settle personal injury claims to avoid the risk of an even bigger verdict in court if the case doesn’t settle. If you have no lawyer—the insurance company has no real risk. If you have a decent lawyer—they carry some risk. If you have a skilled trial lawyer like Jason—huge risk. Simple as that.
Many injured Virginians think they don’t have to pay their medical bills because the at-fault party’s insurance company will pay them. The at-fault party (or most likely his or her auto insurance company) is responsible for your medical bills but does not pay those bills as they become due. Rather, the bills are considered as part of the personal injury settlement amount (or verdict if the case is tried). Therefore, while your personal injury claim is pending, you are still responsible for whatever portion of copays or deductibles you might owe after your health insurance processes and pays the bills. In other words, you must absorb the cost of your medical treatment in the near-term. This is not ideal, but it is the reality of the process
In slip and fall cases, premises liability is a key factor. Property owners have a duty to maintain safe conditions for visitors. If negligence is established – meaning the property owner failed to address a hazardous condition that led to the injury – they may be held liable for the damages. Proving negligence involves demonstrating that the property owner knew or should have known about the dangerous condition but did not take appropriate action to address it.
Slip and fall injuries can result from a variety of hazards, such as wet floors, uneven surfaces, poor lighting, or lack of warning signs. Identifying the specific hazard that caused the injury is crucial for building a strong case. Gathering evidence, such as photographs, witness statements, and surveillance footage, can help establish the cause of the accident and the property owner’s negligence.
Jason approaches cases by evaluating the facts as if they are going to court; however, you will only go to court if you decide to – it is always your decision. Jason will make recommendations about whether to accept any settlement offers or file a lawsuit. He offers sound counsel, not pressure, because ultimately it’s your decision.
More than 90% of personal injury claims settle outside of court. Although, sometimes filing suit and litigating for a while is necessary to obtain maximum compensation from the insurance company.
GDC personal injury cases are decided by a judge, not a jury. They are less formal, less stressful, and quicker. The most you can be awarded in GDC for personal injuries is $50,000 plus costs and interest. We typically recommend GDC for cases that are not obviously worth more than $65,000 (taking into account potential costs of circuit court litigation).
Circuit Court personal injury cases are usually decided by a jury. Unlike GDC, these cases typically last a year or more and involve a lot of formal discovery and expert witnesses. The upside is that you can sue for as much money as your case might be worth.
So where would we file your case? That depends on the projected value of your case and on your goals—some clients value the efficiency of GDC, especially if we are not confident that a Circuit Court case would ultimately prove more lucrative in the long run. This is evaluated on a case by case basis.
Liability And Fault
Who is at fault in a slip and fall injury?
In slip and fall cases, determining fault revolves around the concept of premises liability. Property owners have a legal duty to ensure their premises are safe for visitors. If a hazardous condition leads to an injury, the property owner may be considered at fault if their negligence contributed to the accident.
How is fault determined in a slip and fall event?
Fault in a slip and fall event is determined by evaluating whether the property owner or occupier acted negligently. This determination involves assessing whether they were aware of the dangerous condition, whether they took reasonable steps to address it, and whether they provided adequate warnings. The presence of negligence helps establish liability.
What role does negligence play in slip and fall injury claims?
Negligence is a pivotal factor in slip and fall injury claims. To establish liability, it’s essential to prove that the property owner was negligent in maintaining safe premises. Obtaining proof involves showing that they either knew about the hazardous condition and failed to address it or should have known about it through reasonable inspection and didn’t take necessary action.
Insurance and coverage
What insurance coverage is available for slip and fall injuries?
Slip and fall injuries are typically covered by a property owner’s liability insurance. This coverage helps protect them in case someone is injured on their property due to their negligence. If you’ve been injured in a slip and fall incident, the property owner’s liability insurance could potentially provide compensation for your medical expenses, lost wages and earning capacity, pain and suffering, mental anguish, and other damages.
How does property owner’s insurance come into play for slip and fall injuries?
Property owner’s insurance, specifically liability coverage, plays a vital role in slip and fall injuries. If the property owner’s negligence led to your accident, their liability insurance may cover your medical bills, rehabilitation costs, and other damages. Having an experienced attorney, like Jason Whiting, who understands the insurance claims process due to his background as an insurance adjuster and litigator, can help navigate negotiations with the insurance company.
Can homeowner’s insurance cover slip and fall injuries on residential properties?
Homeowners’ insurance typically includes liability coverage that can extend to cover slip and fall injuries on residential properties. This coverage helps protect homeowners from potential legal claims if someone is injured on their property. However, insurance policies can vary, so consulting an attorney to assess the terms of the policy and ensure you receive the compensation you deserve is recommended.
Compensation and damages
What types of compensation can I seek after a slip and fall injury?
After a slip and fall injury, you can pursue various forms of compensation to address the financial and emotional aftermath of the incident. These include:
- Medical expenses, encompassing various treatments, surgeries, medications, and ongoing therapies.
- Compensation for lost wages – both current income loss and potential future earnings impacted by the injury.
- Pain and suffering compensation acknowledges the physical discomfort, emotional distress, and diminished quality of life resulting from the accident.
- Additionally, in cases of wrongful death, compensation extends to loss of companionship, funeral costs, and related expenses.
Jason evaluates all eligible damages to ensure you receive comprehensive compensation for the losses you’ve incurred.
How is compensation determined in a premises injury claim?
Compensation in a premises injury claim is determined by assessing both economic damages (like medical bills and lost wages) and non-economic damages (such as pain and suffering). Economic damages encompass quantifiable costs like medical bills, property damage, and lost wages, supported by bills, receipts, and financial records. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more challenging to quantify but often include before-and-after evidence from witnesses who know you well. An attorney like Jason can work to ensure all eligible damages are included in your claim.
Can I recover medical expenses, lost wages, and costs for pain and suffering?
Yes, you can seek compensation for medical expenses, pain and suffering, lost wages, loss of earning capacity in the future, and other expected losses in a slip and fall injury claim. Medical expenses cover the costs of immediate treatment, surgeries, medications, and ongoing therapies. Lost wages compensation accounts for income you’ve missed due to the injury and any potential future earnings impacted. Pain and suffering compensation acknowledges the physical discomfort and emotional anguish caused by the accident. An experienced attorney can help you pursue fair compensation for all these aspects of your injury.
Jason Whiting
“I understand how insurance adjusters work because I used to be one. I also represented insurance companies for many years. If you’ve been injured by a driver in southwest Virginia, you deserve a skilled trial lawyer to give you a powerful voice.”
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