Clarksburg Slip and Fall Lawyer
Property owners and those responsible for the upkeep and maintenance of a premises, be it a home, a storefront, or restaurant should take care to keep visitors safe. When they fail to do this, accidents can occur from ice on sidewalks, damaged carpeting, or liquids spilled on a floor.
If you were injured in a slip and fall caused by another party’s negligence, an established Clarksburg slip and fall lawyer could help. Throughout the legal process, a determined personal injury attorney could work to help you make the decisions necessary to give your case the best chance of success.
Invitees vs. Trespassers in Clarksburg
Premise liability law views property entrants as either invitees, those who have a legal right to be on the property, or as trespassers, those who are breaking the law by being on the premises. A property owner owes a duty of care to all invitees. Since trespassers are not owed a duty of care as per West Virginia Code §55-7-27, the property owner or caretaker is generally not liable for any injuries they suffer unless they have taken willful or wanton actions.
For a claim to be successful, a slip and fall lawyer in Clarksburg must be able to show the jury that the plaintiff was an invitee on the property, and therefore, the defendant(s) had a duty of care to them. If property owners or caretakers notice a safety problem or should have noticed it, yet fail to act to correct it, they have breached this duty. Therefore, the jury will also need to determine whether a reasonable person would have noticed the safety issue.
Furthermore, the attorney will need to prove that the plaintiff’s injuries are a direct result of the defendant’s negligence. To be compensated for these injuries, the plaintiff and their attorney will finally need to prove that they have damages such as medical bills and pain and suffering.
Can a Slip and Fall Case Settle?
Before considering any type of settlement offer or agreement with the owner of the property or their property insurance company, victims should consult with a Clarksburg slip and fall attorney. Not doing so could place their legal rights at risk and may result in them accepting less compensation than they deserve.
When a plaintiff works with an attorney, their lawyer can advise them as to whether it is beneficial to attempt to settle with the defendant and their insurance company. They can also handle settlement negotiations for the plaintiff.
Each slip and fall case is different when it comes to settling or going to trial. Sometimes settlements are reached quickly, sometimes multiple negotiation attempts are made, and some cases never settle. Factors that may determine the amount of a settlement or whether a settlement can be made include:
- Evidence against the defendant
- The severity of the plaintiff’s injuries
- The credibility of both the plaintiff and the defendant
- The type and amount of insurance policy on the property
However, it is difficult to determine what is the right decision for a specific injury without consulting an experienced attorney.
Consult a Seasoned Clarksburg Slip and Fall Attorney
If you have were injured in a slip and fall, you could benefit from the services of a seasoned Clarksburg slip and fall lawyer. An attorney could review your case to determine if it has merit and who may be liable. To get started on your claim, call today.