Legal Question in Personal Injury in Virginia

Re: Slip and Fall in Virginia

The only thing I would add to Dan's very complete reply is that there may be some money available under the store's insurance policy to pay some of the medical bills without fault. This is "med-pay" and they may have from 1000-5000 available for medical bills

Re: Slip and Fall in Virginia

The statute of limitations in VA for personal injury actions is 2 years. Damages depend on the injuries suffered, and include pain and suffering, medical expenses, lost income, and any other actual damages proximately caused by the injury. You need to prove that the store was negligent -- the fact of the accident does not establish liability. To prove negligence in such cases, you generally need to show that the store either caused the dangerous condition through some kind of fault, or that it was aware of it and did nothing to eliminate it. If you show such negligence, the store will be liable for medical costs, and for pain and suffering. Contributory negligence is a complete defense: while you don't have to prove lack of negligence (the burden of proof of this defense would be on the store), if the store proves even the slightest negligence on your part contributed to the accident, you will not be able to recover for anything. If serious injuries were suffered, see a Va. lawyer. But understand that in Va., these cases can be very difficult to win.