Properly Documenting a Slip and Fall Accident in West Virginia

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If dangerous conditions on public or private property caused you to slip and fall, it is important to properly document the accident and your injuries in case you decide to consult an attorney to seek compensation for medical costs, lost wages and other damages.

If you can do so safely, try to take photos of the accident site using your phone’s camera. This will allow you to document any hazardous conditions present, such as a slippery surface, cracked sidewalk or obstructions in your walking path. Photos may also serve as evidence that the party in question — such as a store manager or property owner — owed you a duty of care to prevent a slip and fall accident from occurring.

Seek medical attention after an accident

Another important step is to visit a physician as soon as possible. A doctor will examine your injuries and make a diagnosis, while also prescribing any treatment you should receive. Be sure to keep careful records of all doctor visits, treatments and medications, including the costs you’ve incurred.

Keep in mind that the symptoms of some injuries, including those to the neck and back, may take time to show up. Therefore, if you develop pain or other symptoms in the days following the accident, consult a physician again to make sure there is a record of it.

In most cases, you will need to prove that you were not fully or partially responsible for the fall. You must have been on the premises in question in full accordance with the law and must have been acting in a reasonable way. People who are injured while running through a store or climbing a shelf to reach an item may have a more difficult time proving that their own negligence did not lead to the accident.

To seek compensation after a slip and fall accident, meet with a skilled lawyer right away. In West Virginia, you have two years from the date the injury occurred to file an injury claim. While that may seem like a long time, the sooner you file, the better, to preserve evidence and witness accounts. Our legal professionals will examine the details of your accident and the extent of your injuries to develop a claim that seeks full, fair compensation. For more information, speak with an experienced personal injury attorney at Kaufman & McPherson, PLLC.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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