Factors Affecting Settlement Amounts in Virginia Slip and Fall Cases

What You Have to Prove and What You Could Recover in a Slip and Fall Case

There are specific things plaintiffs must prove in slip and fall premises liability cases to collect damages. Known as the elements of a personal injury case, they include:

Duty

The defendant had a legal duty to avoid harming you. In a premises liability case, the defendant had a legal obligation to take reasonable measures to maintain the property’s safety.

Breach

The defendant violated their duty of care, meaning they failed to maintain the property to ensure the safety of visitors and guests.

Causation

The defendant’s negligence caused the injurious incident.

Damages

You suffered injuries or financial damages as a direct result of the defendant’s negligence.

Recoverable Damages

Virginia law allows slip and fall victims to pursue two main types of damages: economic, which are losses that are quantifiable by a dollar amount; and non-economic, which are intangible losses that are more difficult to quantify. Your recovery could include:

Medical expenses, including the estimated cost of future care

Lost wages, as well as lost or reduced earning capacity

Out-of-pocket costs

Physical pain and suffering

Emotional distress

Reduced or lost quality or enjoyment of life

Loss of consortium

What Factors Impact Fall Settlement Amounts

There are numerous considerations that determine the value of slip and fall cases in the Old Dominion state. Here are a few examples.

Severity of Injuries

The severity of your injuries is the most important factor in determining slip, trip, and fall damages. Compared to minor bumps and bruises, serious injuries:

Cost more to treat
Take longer to heal
Are more likely to negatively impact professional relationships and opportunities
Can be permanently disabling

The increase in financial losses, coupled with significant pain and suffering, creates the possibility for sizable settlements.

Statute of Limitations

People injured in slip, trip, and fall accidents—or the personal representatives for the estates of those killed—have only two years to take legal action. If you miss the filing deadline, a judge dismisses your case without review, making it impossible to secure a settlement.

Strength of Evidence and Contributory Negligence

Cases where the evidence clearly shows the defendant is liable typically secure larger settlements than those where fault determination remains murky. Additionally, if the defense can prove that you were partially responsible for the slip and fall, your recovery could be reduced to reflect your degree of fault. For example, if you recovered $50,000, but were 15 percent at fault, your settlement would be reduced to $42,500.

Skill of Counsel

Whether you have a skilled Virginia injury attorney with experience handling the nuances of these cases is another factor that impacts your fall settlement.

How Our Virginia Slip and Fall Injury Attorneys Can Help You

The Mottley Law Firm fights to help slip and fall premises liability plaintiffs in Virginia recover fair compensation. We maximize the value of cases by:

Conducting thorough investigations
Gathering evidence to prove the defendant’s liability and provide a clear picture of your injuries and financial losses
Handling communications with the defendant’s insurer and defense counsel
Analyzing and negotiating settlements
Making sure you meet essential court deadlines

We also provide adept legal counsel and peace of mind throughout every step of the process.

Factors Affecting Settlement Amounts in Virginia Slip and Fall Cases

What You Have to Prove and What You Could Recover in a Slip and Fall Case

Duty

Breach

Causation

Damages

Recoverable Damages

We’re Here To Help