Until you’ve been the victim, a slip-and-fall accident seems like a simple incident that naturally happens. And while that is somewhat true, businesses and property owners can avoid some accidents with proper safety protocols. Furthermore, some slips can cause a lot of damage.
Last year I found myself in a position where I suffered a slip-and-fall accident on the property of a large retailer in Virginia. At first, I didn’t think much of it, but within hours I knew the injury was much worse than I initially thought. A friend of mine gave me the number for some local slip and fall accident attorneys, and what I learned surprised me.
Not All Slip and Falls Are Equal
One of the first conversations I had with my new attorney addressed the details of my fall. As I found out, not all slips fall under the umbrella of negligence. From what they told me, many places have a requirement to make reasonable attempts for safety. However, it’s not always possible to avoid all risk factors.
While this scenario didn’t apply to me, my attorney used an example of someone visiting a friend and tripping over a stick in the yard. In this situation, the property owner wouldn’t be at fault because they can’t help having twigs in the yard. However, the example of a school in Virginia not having Its yard free of dangerous or misplaced objects can change the whole situation.
Finding the Root Cause
The next part of the conversation was finding the source of my fall when I was in the store. In my case, an employee left a freshly mopped area without leaving behind a caution sign. Not knowing any different, I walked normally in that direction and lost my footing once getting to the wet spot.
Once you establish what the center of the issue is, you can begin to formulate a broader plan in terms of a legal case or insurance claim.
The Injuries From the Fall
Another critical element I learned from my team of attorneys is that even if you can prove negligence, it’s not always worthwhile to go forward with a case. If you don’t sustain significant injuries, there’s not a lot of wiggle room for extensive compensation.
In my case, I was unable to work for several months. I also had several medical appointments to which I couldn’t transport myself. My attorneys advised me to proceed based on the repercussions I experienced with my fall. However, many slip-and-fall accidents don’t reach this point.
Insurance Limits
What I appreciated about my slip-and-fall accident attorneys was their honesty. They pointed out to me that if my incident happened at a smaller store and not a national retail chain, it’s likely that I wouldn’t receive a high payout to cover the damages incurred.
When I inquired as to why they told me that there are different levels of liability insurance coverage that places will hold. While a large business will most often carry a higher amount because of an elevated likelihood of an accident, smaller organizations will have a different amount.
Therefore, filing a case against a company with a lower policy could mean not recouping enough funds to cover my medical and time off of work expenses. While in extreme circumstances, one would still push for a payout, it may be money you would never see in your lifetime.
In Summary
In all my years, I never thought that a simple shopping trip would result in so much more. While I had an incredible outcome with my legal team’s help, there were many details I had to consider throughout the process.
Ultimately, I learned that establishing negligence is the most critical element when it comes to these situations. Without that, it’s next to impossible to plead your case and win. Although my body is healed, the memories of that time and the accompanying hardship will always be with me.