Slip And Fall Attorney in Charleston
222 Capitol Street, Suite 400
Charleston, WV 25301
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Slip & Fall Lawyers in Charleston, WV
Do you have a plan for what to do if you slip and seriously injure yourself? If you are like most people, you probably don’t. It is hard to imagine yourself in a situation where you are disabled and unable to perform everyday life activities. Unfortunately, thousands of people in West Virginia suffer this fate every year.
You can suffer a slip and fall accident almost anywhere you go if you are unlucky. A wet floor, a patch of mud, or a loose stair can all result in a tragic accident. Even if you take care and pay attention to your surroundings, the carelessness of others could result in a slip and fall accident.
If you have been injured due to the fault of another, that is when you most need a plan of action. You need to know how you will deal with the insurance company to get the compensation you need to recover from your injuries and pay for all your expenses.
This process may sound straightforward, but it is rarely simple. Insurance companies don’t want to pay money if they can avoid it. And without the correct type of evidence, you could find yourself paying those expenses out of pocket.
The first step of any plan to recover from this type of injury should be contacting Morgan & Morgan for slip & fall lawyers in Charleston, WV. Our attorneys have experience dealing with insurance companies and will fight to get you every dollar you deserve. Contact us today for more information and to schedule a free case evaluation.
Liability in Slip and Fall Cases
The first fight with an insurance company will almost always be about who is liable for your slip and fall injury. Typically, the insurance company will try to find evidence that suggests that the accident was your fault. This means that you will have to pay for your injuries yourself or use your personal medical insurance.
If you believe another party is responsible for your injury, you will have to prove that before you can receive compensation. And that means you have to understand how liability works.
Typically, a person or a business is liable for your injuries if it had a duty to prevent you from getting injured and either recklessly or negligently failed in that duty. If you can prove that either action or inaction from that party resulted in your injury, then their insurance company will be responsible for providing you compensation.
The slip and fall lawyers at Morgan and Morgan have the legal knowledge and experience to find that evidence and present it to the insurance company. Typically, when we get your case early in the process, we can prevent an insurance company from denying your claim.
Common Examples of Slip and Fall Cases
Unless you have a background in law, liability can sound like a bunch of legal mumbo jumbo. We have found that the best way to explain this concept to clients is by showing them concrete examples.
Nursing Home Falls
When you or a loved one moves into a nursing home, you make an agreement with the facility. You pay money and the staff of the nursing home provides support for everyday activities, including walking and bathing.
The nursing home staff has an explicit duty to help you or your loved one complete daily activities safely. This means that a staff member should be helping with transfers between furniture and possibly even with bathing.
If you or your loved one slips while getting in or out of a shower or while walking across a room, and this happened because staff failed to provide assistance, the nursing home is liable for the injury and all future consequences of that injury.
Poor Lighting
Have you ever been in a parking garage at night? If even one or two lights are out, it can be difficult to see where you are going. The same thing can happen in an emergency stairwell where a light has gone out.
Businesses and public places are required to provide enough lighting for you to safely move about the premises. If you slip and fall because you can’t see a sudden change in elevation, the owner of the premises is responsible for that injury.
Wet or Muddy Ground
Slick ground is common in the Charleston area due to its geography. Charleston lies at the intersection of two major West Virginia rivers, and many businesses take advantage of that.
If a business serves people who are fishing, boating, or otherwise in or near a river, the building entrance may often be slick from water or mud tracked inside. The business owner is responsible for keeping that entrance clean and dry so customers or employees don’t unexpectedly slip and fall.
Similarly, business owners are expected to quickly clean up after any type of mess that would cause a slip and fall accident. This is most often a concern in any type of business that serves food or drinks.
Messes are inevitable. But that doesn’t excuse business owners from addressing them. Any business that doesn’t have a policy of quickly cleaning up slick spots is liable for any injuries that result from them.
How Slip & Fall Lawyers in Charleston, WV, Can Help You Maximize Compensation After an Accident
Just because you can prove that another party was responsible for your slip and fall accident, that doesn’t mean you will get paid the compensation you deserve for your injuries. Even when insurance companies can’t deny your claim, they typically try to pay you less than you are owed.
This is a lot easier to do than you might think. Insurance companies have a variety of tactics they can use to undervalue your claim, including:
- Relying on the opinions of doctors who work for the insurance company
- Paying compensation based on expected cost rather than the actual cost
- Refusing to pay for a procedure or treatment if a less expensive option exists, regardless of what your doctor recommends
- Claiming that some injuries or expenses are not a result of the accident
- Making an offer that seems reasonable before you know about other expenses
- Swamping you with frustrating red tape to get you to drop parts of your claim
When you aren’t represented by slip & fall lawyers in Charleston, WV, some or all of these tactics may be effective. And you could end up getting paid a fraction of the compensation you need to pay for your medical bills and cover lost income due to your injuries.
Your attorneys have experience dealing with insurance companies and won’t let an insurer get away with any of these unfair tactics. In fact, many insurance companies won’t even try to use these tactics if they know you are represented by competent counsel.
Furthermore, attorneys at Morgan & Morgan have decades of experience handling slip and fall cases in Charleston. With that experience comes an in-depth understanding of how much your injuries will cost to recover from. By looking at past cases and speaking with doctors, we can accurately estimate your expenses within a very small margin.
This knowledge lets us more effectively negotiate with insurance companies for a fair settlement. If an insurer tries to make a lowball offer, we know that it isn’t fair; we also know how much better it needs to be for you to consider it. Anything outside of that range is simply unacceptable.
Typically, insurance companies will negotiate in good faith with attorneys. This isn’t because they want to. It is because they understand the implicit threat involved when you retain slip & fall lawyers in Charleston, WV. If the insurance company doesn’t negotiate in good faith, you are ready and willing to take the case to court.
And while we prefer not to go to trial, that doesn’t mean we are concerned about going to trial. Our attorneys have an exceptional record of winning in court and have won billions of dollars for our clients. If an insurance company won’t negotiate fairly, we intend to win you as much money as possible from a jury verdict.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How do I know if I have a slip and fall claim in Charleston, West Virginia?
Every slip and fall case is different, but in all personal injury claims in Charleston, West Virginia, there are a few elements that we look at to see if you have a case. We check to see if:
- There were damages. In Charleston, personal injury lawsuits are pursued to recover "damages," including medical expenses, lost wages, and pain and suffering. To be eligible for a lawsuit, the injury must involve substantial associated costs, which can vary by state.
- Someone else was at fault. To get compensation from someone else’s insurance company in Charleston, they must have acted negligently in a way that caused or contributed to your injuries.
- There’s enough insurance coverage. In Charleston, personal injury lawsuits are typically filed against insurance companies rather than individuals. The responsible party must carry sufficient insurance coverage to cover the injured person's medical expenses or provide full compensation for their injuries.
If you are unsure if you have a case in Charleston, West Virginia, contact us. We're here to help.
What should I do immediately after a slip and fall accident in Charleston, West Virginia?
If you’ve been injured in a slip and fall accident in Charleston, West Virginia, you should first and foremost seek medical attention. Your health should be your top priority. Even if your injuries seem minor, get checked by a doctor, as some injuries may not appear immediately.
If you’re at a business or commercial property, notify the manager or property owner and request an incident report. Also, take photographs or videos of the scene, especially the hazard that caused your fall. If anyone saw the accident, get their contact details; their testimony may be important later.
While recovering from your injuries, document your medical treatment, missed work, and other ways the injury has impacted your life.
Another crucial step is consulting an attorney in Charleston, West Virginia. An experienced personal injury lawyer can help navigate the legal process and safeguard your rights.
How long after a slip and fall accident can I file a claim in Charleston, West Virginia?
The statute of limitations is a legally defined time limit for how long someone has to file a lawsuit. This varies depending on your type of case and your state.
If you’ve experienced a slip and fall in Charleston, filing your claim within the required period following the accident is important. Missing this deadline may affect your ability to seek compensation.
However, it’s best to consult with an attorney in Charleston as soon as possible after the incident, as gathering evidence and building a case can take time. Your attorney can also assist you with filing everything correctly and on time.
How long does it take to resolve a slip and fall claim in Charleston, West Virginia?
The time it takes to resolve a slip and fall case varies based on factors like the case's complexity, the severity of your injuries, and whether the property owner’s insurance company agrees to provide full and fair compensation.
Some cases are settled within a few months, while others may take a year or more if litigation is required. At Morgan & Morgan, we aim to resolve cases efficiently while fighting for maximum compensation for our clients in Charleston, West Virginia.
Our army of over 1,000 trial-ready attorneys is prepared to fight to the very end for the compensation our clients in Charleston need and deserve to move forward with their lives. When you work with Morgan & Morgan, your attorney will keep you informed about the progress of your case at every step of the way.
Why should I hire Morgan & Morgan in Charleston, West Virginia?
At Morgan & Morgan, our skilled slip and fall attorneys have successfully represented numerous clients in Charleston and similar cases, recovering millions in compensation. As the country's largest personal injury law firm, with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.
We take pride in ensuring that negligent property owners in Charleston, West Virginia, are held accountable for the harm they’ve caused. Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan in Charleston, West Virginia, today for a free case evaluation to learn more about your legal options.
How much does it cost to hire Morgan & Morgan in Charleston, West Virginia?
Morgan & Morgan's slip and fall attorneys in Charleston, West Virginia, operate on a contingency fee basis, meaning you won’t face any upfront costs or expenses until your case is resolved. That’s correct—the Fee Is Free™, so you only pay if we win. Our fee is a percentage of the settlement or verdict, ensuring we fully commit to securing your best possible outcome.
What compensation can I recover for a slip & fall claim in Charleston, West Virginia?
The compensation available in a slip and fall lawsuit depends on various factors, such as the severity of your injuries, medical costs, and the overall impact on your life. Typically, compensation can include coverage for medical expenses, lost wages due to missed work, financial relief for physical and emotional pain and suffering, reduced quality of life, permanent disability, or even future loss of earning capacity.
Every case is unique, so the amount of compensation can differ. An experienced attorney at Morgan & Morgan in Charleston, West Virginia, can evaluate your case and better understand what you may be entitled to. Take advantage of a free case evaluation to learn more.
Do I have to pay for a consultation with a slip & fall lawyer in Charleston, West Virginia?
No. At Morgan & Morgan in Charleston, West Virginia, consultations are free. We believe everyone deserves access to legal advice, regardless of their financial situation. Hiring one of our slip & fall lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my slip & fall case team in Charleston, West Virginia?
When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices across all 50 states and Washington, D.C. Your case in Charleston, West Virginia, will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.
When do I meet with my slip & fall lawyer in Charleston?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way. Depending on your case’s requirements and your ability, these meetings can be conducted in person, virtually, or by phone.
Can I sue my landlord for a slip and fall claim in Charleston, West Virginia?
What happens if you slip and fall in your apartment building in Charleston and sustain an injury? You might wonder if you can sue your landlord. This depends on the laws in Charleston, West Virginia.
In general, landlords are responsible for keeping all common areas of a property reasonably safe. Like other property owners, if a landlord is aware of an unsafe condition or reasonably should have known about it but fails to address it, they may be liable for damages incurred by the injured party.
Proving this depends on the circumstances of each case. To determine this, courts will consider factors such as the length of time the unsafe condition existed and the severity of the hazard. In certain circumstances, landlords can also be liable for slip and falls in a tenant’s apartment.
When a new tenant moves into a Charleston apartment, the landlord must inform the tenant of any known defects on the premises. The failure to notify a tenant of defects that the tenant could not have discovered during a reasonable inspection of the property could mean the landlord is liable if a slip & fall accident occurs. Also, a landlord may be liable for slip and falls within a tenant’s apartment when a building code or ordinance is violated. As always, it depends on the circumstances of the case and local Charleston laws.
Can I file a slip and fall lawsuit against a business in Charleston, West Virginia, if I didn’t report it immediately?
You can still file a lawsuit in Charleston, West Virginia, even if you didn’t immediately report the slip and fall accident. However, reporting the incident as soon as possible strengthens your case, creating an official record of what happened. If you didn’t report it immediately, you’ll need to provide other compelling evidence to support your claim, such as witness statements from people who saw the accident, medical records that tie your injury directly to the fall, or photographs or videos showing the hazardous condition.
A Morgan & Morgan attorney in Charleston can help you gather the necessary evidence and build a strong case, even if you delayed reporting the incident.
Who is responsible if I slip and fall at an Airbnb in Charleston, West Virginia?
Airbnb is a popular alternative to traditional hotels and other standard accommodation options for travelers worldwide, including those visiting or staying in Charleston, West Virginia.
Staying in homes and other properties listed on the service is often more affordable than hotels or resorts, but what happens if you or your family get hurt at someone else’s property? Whose insurance covers your slip and fall accidents?
Airbnb is known for providing its hosts with Host Protection Insurance, which is the primary insurance policy in effect for hosts during a guest’s stay and carries $1 million worth of coverage per stay. If you’re injured on a host’s property, you’d likely seek compensation for your medical bills and other expenses from Airbnb’s insurer. Airbnb’s million-dollar insurance policy applies on a per-occurrence basis for an accident involving bodily injury or property damage, according to Airbnb materials on its site.
Can I file a slip and fall lawsuit if my injury occurred on government property in Charleston, West Virginia?
If you were injured in a slip and fall on government property in Charleston, West Virginia, you can file a lawsuit, but there are extra steps to follow. First, you must submit your claim notice to the government. You may file a lawsuit if they deny your claim or don’t respond. Because the process is more complex than regular slip and fall cases, it’s a good idea to talk to an attorney with experience with these types of claims.
When do slip and fall accidents happen in Charleston, West Virginia?
Trip, tumble, slip, and fall accidents can happen anywhere —from grocery stores and shopping malls to sidewalks and workplaces. Understanding the most common causes can help victims recognize when they may be entitled to compensation.
Wet or Slippery Surfaces: The most common cause of slip and fall accidents is wet or slippery floors. Water, oil, or other liquids—from spills, leaks, or cleaning activities—create hazardous conditions that catch people off guard. Businesses and property owners are responsible for ensuring that floors are kept dry or marked with warning signs when they’re wet.
Uneven Flooring or Sidewalks: Cracked, uneven, or poorly maintained flooring and sidewalks are frequent culprits in slip and fall accidents. These include torn carpets, broken tiles, unstable or loose floorboards, and even raised sidewalks due to tree roots and weathering. Property owners are expected to repair or mark uneven surfaces to prevent accidents.
Inadequate Lighting: Poor lighting can make it difficult for people to see obstacles, uneven surfaces, or wet spots, increasing the likelihood of a slip and fall. This is especially dangerous in parking lots, stairwells, hallways, entrances, and exits.
Poor property maintenance often results in inadequate lighting, and the property owner is responsible for ensuring that all areas are well-lit and safe for visitors.
Clutter and Obstacles: Debris, wires, merchandise, or other items left in walkways create tripping hazards in high-traffic areas. Property owners and employees must keep floors clear of obstacles.
Defective or Broken Staircases: Broken handrails, loose steps, or uneven stair heights are common causes of falls on staircases. Property owners and managers must ensure that staircases are maintained and compliant with safety codes to prevent accidents. A fall down stairs can lead to particularly severe injuries, such as head trauma or spinal damage.
Weather Conditions: Rain, snow, and ice can create hazardous conditions, especially when not properly managed. Icy sidewalks, slippery entryways, and rain-soaked floors increase the risk of slip and fall accidents. While property owners can’t control the weather, they are responsible for taking reasonable steps to minimize danger, such as shoveling snow, salting icy areas, and providing mats for wet shoes.
How can I hold a negligent property owner accountable in Charleston, West Virginia?
If you’ve been injured in a slip and fall or another accident on someone else’s property in Charleston, West Virginia, you have the right to hold the property owner accountable for their negligence. Property owners in Charleston are legally obligated to maintain safe premises, and when they fail to do so, they can be held liable for resulting injuries.
Premises liability law in Charleston, West Virginia, ensures that property owners are held responsible for injuries caused by unsafe conditions on their property. This applies to various locations, including homes, businesses, apartment buildings, and public spaces. To succeed in a premises liability claim, you must demonstrate that the property owner’s negligence directly caused your injury.
You must demonstrate that:
- The property owner owed you a duty of care: This duty depends on your status as a visitor. For instance, customers in retail spaces are owed the highest duty of care, whereas trespassers typically receive less protection.
- They breached that duty: The property owner failed to fix or warn you about hazardous conditions, such as a wet floor or broken handrail.
- The breach caused your injury: There must be a clear connection between the unsafe condition and your injury.
- You suffered damages: You must show that your injury led to damages such as medical bills, lost wages, or pain and suffering.
To do this, gather evidence, such as photographs or videos of the hazard, witness statements, incident reports, and medical records from your injuries and treatment. Report the accident to the property owner to create a record of the incident. Finally, contact a slip and fall lawyer at Morgan & Morgan in Charleston.
Premises liability claims can be complex, and having an experienced attorney in Charleston, West Virginia, by your side will increase your chances of a successful outcome. At Morgan & Morgan, we bring over 35 years of experience in handling premises liability cases, understanding what it takes to hold negligent property owners accountable. Our attorneys are dedicated to collecting evidence and building a strong case to demonstrate the property owner’s liability for your injury.
If negotiations with the property owner’s insurance company in Charleston, West Virginia, don’t result in a fair settlement, your attorney may advise filing a premises liability lawsuit. This formal legal action seeks to hold the property owner legally and financially responsible for your injury. Compensation can cover various damages, such as medical expenses, lost wages from missed work, and pain and suffering.
How can a slip & fall injury impact your life in Charleston, West Virginia?
Although a slip and fall injury may initially seem minor, its consequences can be severe and long-lasting. These accidents often result in physical, emotional, and financial hardships, impacting nearly every part of your life. At Morgan & Morgan, we understand the significant effects of slip and fall injuries and are dedicated to helping victims of injuries in Charleston, West Virginia, recover the compensation they deserve.
Physical Impact
A slip and fall injury's most immediate and noticeable effect is the bodily harm it causes. Injuries can range from minor bruises to severe, life-altering conditions, such as:
- Broken bones: Fractures in the arms, wrists, ankles, or hips are common, especially in older adults.
- Head injuries: Slip and fall accidents can result in traumatic brain injuries (TBI), concussions, or skull fractures, which may lead to long-term cognitive and physical impairments.
- Spinal cord injuries: A fall can damage the spine, leading to chronic pain, limited mobility, or even paralysis in severe cases.
- Soft tissue injuries: Ligament tears, sprains, and strains can cause ongoing pain and require months of rehabilitation. These injuries may require surgery, physical therapy, or extended hospital stays, disrupting your daily life and limiting your independence.
Emotional Impact
The emotional toll of a slip and fall injury can be just as significant as the physical damage. Victims in Charleston, West Virginia, may experience:
- Anxiety and fear: After an accident, it’s common to feel anxious about walking in public places or even within your own home, fearing another fall.
- Depression: The loss of mobility or independence can lead to feelings of hopelessness and depression, especially if the injury prevents you from working or enjoying activities you once loved.
- Social isolation: If your injury limits your ability to engage in social activities, you may feel cut off from your community, contributing to loneliness and emotional distress. These emotional struggles are a legitimate and important part of the recovery process, and victims deserve compensation for the mental anguish caused by a slip and fall accident.
Financial Impact
The financial burden of a slip and fall injury can be overwhelming. Costs associated with medical treatment, rehabilitation, and long-term care add up quickly, and without adequate compensation, victims may find themselves facing serious financial difficulties. Key economic challenges include:
- Medical bills: Hospital visits, surgeries, physical therapy, medications, and ongoing medical care can quickly become expensive, especially if your injury requires long-term treatment.
- Lost wages: If your injury prevents you from working, you may lose weeks or months of income. In some cases, a victim may be unable to return to their previous job or may face reduced earning capacity due to injury.
- Rehabilitation costs: Long-term physical therapy, home modifications, and assistive devices (such as wheelchairs or walkers) can create additional financial stress. A successful slip and fall claim can help cover these expenses, allowing victims to focus on their recovery without the added burden of financial worry.
Impact on Quality of Life
A serious slip and fall injury can significantly reduce your quality of life. You may face challenges in performing daily activities, such as:
- Loss of mobility: Injuries like fractures or spinal damage can limit your ability to move freely or care for yourself.
- Chronic pain: Many slip and fall injuries result in ongoing pain that affects your ability to sleep, work, or enjoy recreational activities.
- Loss of independence: Some victims may need help with personal care or mobility, requiring them to depend on others or transition to assisted living facilities.
In some cases, these changes are permanent, and victims are left with a diminished quality of life that impacts their ability to engage in hobbies, maintain relationships, and enjoy their day-to-day experiences.
What kind of evidence do I need to prove a slip and fall accident was caused by negligence in Charleston, West Virginia?
To successfully prove that a property owner’s negligence caused your slip and fall accident in Charleston, West Virginia, you’ll need to gather solid evidence, including:
- Photographs or videos of the hazardous condition: Capture images of the wet floor, broken steps, uneven surfaces, or any other dangerous condition that caused your fall in Charleston, West Virginia
- Witness statements: Collect statements from anyone who saw the accident or can confirm the hazardous condition.
- Incident reports: If the accident happened at a business or other commercial property in Charleston, West Virginia, ask for an incident report and obtain a copy.
- Medical records: Ensure your medical records document your injuries, the treatment you’ve received, and how the injury affects your daily life.
- Maintenance logs or inspection reports: These reports can reveal if the property in Charleston, West Virginia, was routinely inspected for hazards or if safety standards were disregarded.
This evidence can help prove that the property owner or manager failed to take reasonable steps to prevent accidents.
What should I do if the property owner in Charleston, West Virginia, claims they were unaware of the hazardous condition that ca
Suppose a property owner in Charleston, West Virginia, claims they were unaware of the hazardous condition that led to your slip and fall. In that case, they can still be held accountable if negligence is established. Property owners are responsible for maintaining reasonably safe conditions, including regularly inspecting their premises for potential hazards.
To strengthen your case in Charleston, West Virginia, gather evidence such as:
- Photos or videos of the hazardous condition.
- Witness statements from others who saw the condition.
- Maintenance logs showing whether the property was regularly inspected and maintained.
If the hazardous condition had existed for a long time or was obvious, the owner’s claim of unawareness might not absolve them of responsibility.