Many people are under the misconception that it is easy to obtain compensation for injuries caused in a slip and fall accident in Virginia. However, these cases are actually very challenging to win. If you want to receive all the compensation you deserve for the injuries you suffered in a slip and fall accident, you need to understand what you have to prove to have a strong case against the negligent property or business owner.
What You Must Prove When Filing a Slip and Fall Accident Claim
Like car accidents and other types of personal injury claims, you must prove certain elements of a slip and fall case in order to be entitled to damages under Virginia law. You must establish the following:
- Duty. You must prove that the property or business owner had a duty to you. In Virginia, all businesses and owners of the property have a duty to maintain their properties in a reasonably safe manner.
- Breach of duty. You will need to show that the owner breached their duty to you by failing to correct a problem they knew or reasonably should have known about or by failing to put up a warning sign notifying you of the danger. In many cases, it can be challenging to prove this element of your claim.
- Causation. You must prove that the property or business owner’s breach of their duty caused your injuries.
- Damages. You must prove the seriousness of the injuries you suffered in your fall and the amount of compensation you are seeking.
How Do You Prove Your Case?
You will need to collect evidence to establish all the elements of a slip and fall accident case if you want to receive a fair settlement from the negligent property or business owner’s insurance company. Helpful evidence can include:
- Photos of the scene of your accident and your injuries
- Your testimony
- Witness statements
- Surveillance video footage
- Your medical records and bills for the medical treatments you need
- Wage loss documents
- Expert witness reports
Contact a Premises Liability Attorney in Norfolk
Did you or a family member suffer injuries in a slip and fall or other premises liability accident in Virginia Beach or Norfolk? Our experienced premises liability lawyers are here to explain your options for you and go up against the insurance company so that you receive the maximum recovery in your settlement. To learn more about how we can assist you, call our Norfolk office today to schedule your free, no-obligation case evaluation.