How Can A Vermont Personal Injury Lawyer Help With My Slip And Fall Case?
January 12, 2025
By Promoting Justice
Slip and fall injuries can be serious matters. They are a leading cause of lost wages from missing work and are especially dangerous for the elderly. The U.S. Centers for Disease Control (CDC) reports that there are approximately 3 million emergency room visits due to elderly people falling.
Suppose the injured party is not liable for the injury, or the injury took place on the property of a private establishment or property owner. In that case, the property owner may be liable for the accident. Being prepared to deal with a slip and fall case and understanding liability laws may help to secure proper compensation for injuries or lost wages.
A skilled personal injury lawyer from Shillen Mackall Seldon & Spicer may be able to help clarify the details of a slip and fall case to help you move forward. Consider scheduling an appointment by calling the office at (802) 457-4848.
Fundamentals of Slip and Fall Cases in Vermont
Slip and fall cases are built upon the foundational liability laws of the state of Vermont. Understanding these laws, their implications and the intricate details of the accident itself will help point the way to the proper actions to acquire compensation. Each of these factors works together to comprise the details of every specific slip and fall case.
To prove the negligence of the property owner, the injured party must prove that the slip and fall accident should have been prevented. This process generally involves much documentation of evidence, corroborating with witnesses, and negotiating with lawyers and insurance companies. Many people choose to seek the expertise of a personal injury lawyer to handle the finer details of the slip and fall case.
Vermont Negligence Laws
Understanding the Vermont legal code is often a key piece of proving negligence on the part of the property owner. If the injured party can show how the establishment was neglecting their duty to provide a safe experience, they may be able to secure compensation. However, this requires knowledge and understanding of Vermont negligence laws. Personal injury lawyers are generally experienced and equipped to navigate these laws.
For more information on negligence in Vermont, consider speaking with an experienced personal injury lawyer from Shillen Mackall Seldon & Spicer.
Modified Comparative Negligence
According to 12 V.S.A. § 1036, the state of Vermont ascribes to the theory of modified comparative negligence. This means that any negligence on the part of the plaintiff or the plaintiff’s representative does not disqualify the plaintiff from recovering damages. However, if this negligence is determined to exceed the negligence of the defendant, then the injured party will not be able to receive any compensation. In addition, the damages owed by the defendant are reduced to the degree of fault of the plaintiff.
This means that if the plaintiff is determined to bear 20% responsibility and the damages of the accident are determined to be $10,000, the plaintiff will only receive 80%, or $8,000. However, if the plaintiff is determined to be 51% responsible or more, they will not receive any compensation.
Statute of Limitations
In addition to Vermont’s modified comparative negligence laws, one must also be aware of the statutes of limitations that help regulate when a slip and fall case may be brought to court. These statutes limit the time frame that a case is allowed to be initiated, generally restricting plaintiffs from bringing a case to court after too long. In Vermont, the injured party is generally required to initiate a slip and fall case within three years of the accident. However, certain types of accidents or facets of the case may require a shorter deadline.
Premises Liability
The final piece of the puzzle for developing a slip and fall case is premises liability. These laws outline the expectations of property owners such as duty of care and provision of a safe environment for visitors. Under the pretense that the owner is responsible for any injuries that occur on their property, the property owner would then be responsible for compensation in the slip and fall case. This may also be the case with negligent security.
Benefits of a Personal Injury Lawyer
When trying to untangle a slip and fall case, having experienced legal counsel such as a personal injury lawyer can be a significant asset. Personal injury lawyers generally have much experience in the field of lawsuits and may be able to help compile evidence to build a case for a slip and fall injury.
Compiling Evidence and Building a Case
Proving the negligence and responsibility of the property owner in a slip and fall case can be daunting. A personal injury lawyer can assist with compiling circumstantial evidence that can display the facts clearly and may point to the negligence of the property owner.
This may also include negotiating with other attorneys and insurance companies. If the slip and fall case does not proceed to court, it will need to be settled with the other party through negotiating and agreeing upon a fair settlement. A personal injury attorney may be able to assist in ensuring that the deal offered is fair and reasonable, as well as negotiating with a more favorable arrangement in mind.
Legal Expertise
Additionally, personal injury lawyers also have significant experience with the nuance of Vermont’s negligence laws. This familiarity may help them see details that others might miss and give them an edge in determining what is relevant to present in the case. They will likely know what laws are pertinent and what obstacles to avoid in building the case.
A personal injury lawyer may also be able to provide representation in the case of litigation. While many slip and fall cases are resolved out of court, they may proceed to court if an agreement cannot be reached. In this case, a personal injury lawyer may be able to provide representation in court to defend the interests of their client.
Contact a Vermont Personal Injury Lawyer Today
Compensation for injury is often very important for those who are injured, not only for justice but also out of financial necessity. Slip and fall cases are a leading cause of lost wages, and lost work can be incredibly harmful to many individuals. Having access to experienced legal counsel from Shillen Mackall Seldon & Spicer may help provide avenues to seek compensation. For more information, contact a personal injury attorney today by scheduling a consultation at (802) 457-4848.