A bad fall can occur at any point, potentially leaving you with life-altering injuries. The pain and recovery can be overwhelming and can make pursuing legal action the last thing on your mind. A Hampton slip and fall lawyer can help you with your case, advocating for your needs while you focus on healing.
Attorney Maxie Lawton founded Lawton Legal Practice to advocate for the people of Hampton, Virginia. He grew up in the Hampton Roads area and served his country as an Army Ranger. Maxie represented Fortune 500 companies at one of the nation’s top employment law firms and now uses that experience to stand up for the unheard people in his community and fight for their justice.
A slip and fall accident case involves someone injuring themselves due to a hazard on someone else’s property. In 2023, there were 19,819 hospitalizations in Virginia due to fall-related injuries, accounting for 54.8% of all hospitalizations. Slip and fall cases can happen almost anywhere. Common causes include:
The first thing to do is to check yourself for injuries. If you are severely injured, seek immediate medical attention. Your health and well-being always take priority. Sentara Careplex Hospital has a 24/7 emergency room, located in town at 3000 Coliseum Drive.
The second step to take if your injuries do not need emergency care is to report the accident to the property’s owner or manager. It’s crucial not to admit any level of responsibility or make any other statement that could potentially harm your case.
Next, collect as much evidence as possible while still at the accident site. Evidence such as photos and contact information for witnesses can be beneficial later. Finally, contact a Hampton slip and fall attorney for legal guidance.
Navigating a slip and fall case on your own can be difficult. The combination of medical recovery, potential loss of income, and personal life matters can be challenging on their own without the addition of filing a personal injury claim. Hire a slip and fall lawyer who can guide you through the entire process of your case.
All slip and fall claims revolve around providing ample evidence that the accident happened because of the property owner’s negligence. However, the deadlines, requirements, and ability to file differ between private and public claims.
Private cases are the most common type of slip and fall claim filed in Virginia. These cover personal residences, hotels, businesses, and any non-government building where an accident occurred. The deadline to file a claim is within two years from the date of the accident.
Private slip and fall claims have three different tiers: Invitee, licensee, and trespasser. An invitee is someone who is welcomed onto the property for business reasons, such as a customer at a store. A licensee is a guest on a property for social purposes. The property owner has less obligation to warn them of hazards. Trespassers are individuals without implied or express permission to be on the property, and as a result, they rarely have grounds to file a claim.
Public claims are when an accident happens on government-owned property. Public cases have the same two-year deadline, but in addition require a notice to be served to the relevant government body within six months of the accident. This notice must include your personal information, the location and time of the fall, and the cause.
Another factor that makes public claims different is the circumstances of the fall. The government may be immune to claims if the accident occurred during normal government functions. However, if a proprietary function caused it, then the claim is not exempt. Your slip and fall attorney can help determine if the accident was the result of a government or proprietary function.
A: Whether you are partially responsible for your accident is an important question to consider before filing a personal injury claim. Virginia follows pure contributory negligence through case law established by Baskett v. Banks (1947). This means that if you are found to be even one percent liable, your case may be barred from receiving damages. It is part of why experienced legal counsel can be crucial in Hampton slip and fall cases.
A: You may be concerned that your slip and fall claim will automatically go to a lengthy trial. The vast majority of all personal injury claims are settled before reaching trial. The details of the compensation amount and terms of the settlement differ from case to case. Your slip and fall attorney can negotiate for you to find a satisfactory settlement.
A: The compensation you can receive in your Virginia slip and fall claim can change in amount and reason. Common damages cited include:
Your slip and fall lawyer can aid in deciding which aspects of your case to highlight.
A: How much your slip and fall attorney will cost depends on the specific details of your case. Factors such as the complexity, evidence, and required work hours can all change the final bill. Another variable is the method your slip and fall lawyer charges. Some bill hourly, by retainer, or based on results, with no money owed until a settlement is reached. Your slip and fall attorney can provide an estimate for how much your case may cost.
Contact Lawton Legal Practice today for an initial consultation to begin discussing your options. You may also visit Maxie’s Hampton office, located on Eaten Street next to Mill Point Park and near Settlers Landing Bridge.
fighting for the
injured and
the convicted
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