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Specifically, West Virginia Code section 55-2-12 sets a two-year deadline for the filing of a lawsuit over any "damage to property."
Settlement negotiations could take several weeks or months, and arbitrations can take weeks to schedule. In the best case scenario, when there are no complex issues, a slip and fall case could be resolved within a year after the case is filed.
A slip occurs when the victim slips on a wet floor or other slick surface, whereas a trip occurs when the victim actually trips over an object. A fall is generally the result of a slip or trip.
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
In Virginia, generally, the statute of limitations is two years for a personal injury and wrongful death actions.
The special damages category is more quantitative because it includes a specific amount of money for medical bills and a certain amount of money for lost wages. Those are added up and those are the special damages.
The majority of slip and fall injury cases fall under the law of premise liability. In Virginia (VA), business owners have a legal responsibility to customers and others visiting their premise to maintain the property in a reasonably safe condition.
§ 46.2-894. Duty of driver to stop, etc., in event of accident involving injury or death or damage to attended property; penalty.