Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
CHARLESTON, WEST VIRGINIA SLIP AND FALL ATTORNEY
Whether you were injured at a local shop, a major retailer, or your apartment complex, a fall can change everything in a moment, turning into medical bills, missed work, and pain you didn’t ask for. Property owners are required to maintain their spaces in a safe condition. When they don’t, Morgan & Morgan steps in to hold them accountable.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Slip & Fall Lawyers in Charleston, WV
Do you have a plan for what to do if you slip and seriously injure yourself? If you are like most people, you probably don’t. It is hard to imagine yourself in a situation where you are disabled and unable to perform everyday life activities. Unfortunately, thousands of people in West Virginia suffer this fate every year.
You can suffer a slip and fall accident almost anywhere you go if you are unlucky. A wet floor, a patch of mud, or a loose stair can all result in a tragic accident. Even if you take care and pay attention to your surroundings, the carelessness of others could result in a slip and fall accident.
If you have been injured due to the fault of another, that is when you most need a plan of action. You need to know how you will deal with the insurance company to get the compensation you need to recover from your injuries and pay for all your expenses.
This process may sound straightforward, but it is rarely simple. Insurance companies don’t want to pay money if they can avoid it. And without the correct type of evidence, you could find yourself paying those expenses out of pocket.
The first step of any plan to recover from this type of injury should be contacting Morgan & Morgan for slip & fall lawyers in Charleston, WV. Our attorneys have experience dealing with insurance companies and will fight to get you every dollar you deserve. Contact us today for more information and to schedule a free case evaluation.
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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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Injured and not sure what to do next?
We'll guide you through everything you need to know.
Do I have a slip and fall claim in Charleston?
Most viable claims share three core elements:
- A dangerous condition: wet floor, uneven surface, broken handrail, inadequate lighting.
- Negligence: the owner created the hazard, knew about it, or should have discovered it through reasonable inspections and failed to fix or warn.
- Damages: medical treatment, lost wages, pain and suffering, scarring, or reduced quality of life.
We’ll review the facts, preserve key evidence (including video and maintenance logs), and deliver a clear strategy tailored to your case.
What should I do right after a fall?
What you do in the moments after a fall can make a big difference, not just for your health, but for your potential claim. Staying calm and taking the right steps helps protect your well-being and preserves crucial evidence that can prove what really happened.
Here’s what to focus on:
- Seek medical attention immediately. Even if you feel fine, some injuries take time to appear. Consistent treatment helps link your injuries directly to the fall.
- Report the incident. Notify the property owner, manager, or employee and ask for a written report.
- Document the scene. Take clear photos or videos of the hazard, lighting, footwear, and any warning signs, or the lack of them.
- Collect witness information. Obtain names and contact details for anyone who witnessed the incident.
- Preserve physical evidence. Keep your shoes and clothing from the day of the fall, as well as receipts, medical records, and time-off notes.
- Avoid speaking with insurers too soon. Don’t give recorded statements or sign documents until you’ve talked to a lawyer who can protect your rights.
Morgan & Morgan moves quickly to secure and preserve key evidence.
How does West Virginia’s comparative fault rule affect my recovery?
West Virginia uses modified comparative negligence (50% bar). Your percentage of fault can reduce your compensation, and if you’re 50% or more at fault, you may not recover.
Example: if a jury values your case at $100,000 and assigns you 20% fault, your recovery would be $80,000. We push back on unfair blame using photos, measurements, maintenance records, witness statements, and expert analysis.
What evidence best proves negligence?
Beyond your medical records, strong premises cases include:
- CCTV footage (we move fast to obtain it before it’s overwritten).
- Sweep/inspection logs and maintenance records showing (or not showing) regular checks.
- Incident reports and employee/witness statements.
- Scene documentation (lighting levels, measurements, code or policy violations).
- Prior complaints about the same hazard.
Our team handles the heavy lift so you can focus on healing.
What if I slipped on snow or ice?
Weather happens; negligence is about response. Owners and managers must take reasonable steps, including timely salting, shoveling, using mats at entrances, posting warning signage, and ensuring drainage that doesn’t create refreeze hazards. We evaluate timing, storm conditions, policies, and what was (or wasn’t) done to keep walkways reasonably safe.
Can I sue my landlord if I fell at my apartment complex?
Often, yes. Common areas (stairs, hallways, parking lots) must be kept reasonably safe. Landlords should address hazards they knew or should have known about and disclose any hidden defects at the time of move-in. Building code or ordinance violations can strengthen liability. Our Charleston attorneys can review the contents of your lease, as well as any maintenance requests, to help determine if you have a claim.
What are my rights if I fall at work?
A fall at work can raise more than one type of claim, and knowing your rights helps ensure you don’t leave compensation on the table. In most cases, you may be entitled to workers’ compensation benefits for medical care and partial wage replacement. But if someone other than your employer, like a property owner, subcontractor, or vendor, contributed to unsafe conditions, you may also have grounds for a third-party injury claim.
Morgan & Morgan can pursue both paths at once, making sure your workers’ compensation and personal injury claims work together, not against each other. Our attorneys coordinate benefits, prevent overlap or offsets, and focus on maximizing your overall recovery, allowing you to move forward with stability and confidence.
Can I bring a claim if I didn’t report the fall right away?
Yes, lack of a same-day report isn’t fatal. But we’ll need other proof (witnesses, camera footage, medical timing, photos, purchase receipts, 911 logs). The sooner you call us, the faster we can lock down evidence.
What if the fall happened at an Airbnb or big-box retailer?
Many businesses and platforms, such as Airbnb, carry insurance that may respond to guest injuries. We identify all applicable policies (property, general liability, and special host coverage) and pursue every available avenue of recovery.
What types of compensation can I recover?
We pursue the full picture of harms and losses, including:
- Medical expenses (ER, imaging, surgery, therapy, meds, devices, home modifications).
- Lost wages and reduced earning capacity.
- Pain and suffering, mental anguish, loss of enjoyment of life.
- Scarring/disfigurement and permanent impairment.
- Out-of-pocket costs (transport, childcare, home help).
Every case is unique, and the value of your claim depends on how the injury has changed your health, your work, and your daily life. At Morgan & Morgan, we look beyond the immediate bills to capture the long-term impact, because real justice means full recovery, not partial relief. When you’re ready, our Charleston attorneys can help you understand what your claim may be worth and fight for every dollar you deserve.
Who pays my medical bills while the claim is pending?
Practically, bills may first be covered by health insurance, MedPay, or workers' compensation (if job-related). Final responsibility is addressed in a settlement or a verdict. We may be able to help manage billing, negotiate liens, and keep collectors at bay.
Do I need to notify a business or landlord in writing?
Written notice helps create a clear record and prompts preservation of evidence. We’ll handle formal notice and send targeted requests to secure video, inspection logs, and policies.
Are surveillance videos helpful, and how do we get them?
Yes. Store cameras can be case-deciding. We act quickly with spoliation letters and, if needed, subpoenas to preserve and obtain footage before routine deletion cycles wipe it.
What’s the deadline to file a slip and fall claim in West Virginia?
Premises claims are subject to strict legal deadlines that can bar recovery if not met within the specified timeframe. Some claims (e.g., against government entities) also require special notice steps. It is essential to act promptly; we’ll calendar every requirement and file on time.
What is the typical case timeline?
Every case is different, but expect these milestones:
- Intake & investigation (evidence preserved, notice sent).
- Treatment & damages development (we don’t rush before the medical picture is clear).
- Demand & negotiation with proof packages anchored in records and expert opinions.
- Suit & litigation if the carrier lowballs (discovery, depositions, experts).
- Mediation/settlement or trial.
We keep you updated throughout and move as quickly as your medical recovery and evidence allow.
What are common insurer tactics, and how do we counter them?
Insurance companies often act fast to protect their bottom line, sometimes before you’ve even finished treatment. They may try to minimize your injuries, question your credibility, or twist the facts to reduce what they owe. At Morgan & Morgan, we’ve seen every tactic in the book, and we know how to push back effectively.
- Early low offers: We anchor value with objective records, future care plans, and, when needed, life care and vocational experts.
- Blame-shifting: We utilize measurements, policies, logs, and video to demonstrate what constitutes reasonable care.
- “Gaps” in treatment: We document real-world barriers (transport, scheduling) and physician explanations.
- Pre-existing conditions: We distinguish between old issues and new aggravations using comparative imaging and expert testimony.
Our goal is simply to level the playing field, expose insurer tactics for what they are, and fight for the full compensation our clients in Charleston deserve.
What should I bring to my free consultation?
Bring what you have, we’ll help gather the rest:
- Incident report (if any) and photos/video
- Names/contacts for witnesses and employees on duty
- Medical records/bills, ER discharge papers, work-restriction notes
- Insurance cards (health, auto, if you fell while entering/exiting a vehicle)
- Shoes and clothing worn during the fall (don’t wash or alter)
- Any correspondence from insurers or the property owner
How much does it cost to hire Morgan & Morgan?
Hiring us costs nothing upfront. At Morgan & Morgan, we work on a contingency fee basis, so our Fee Is Free™ promise applies from day one. You don’t pay hourly rates or retainers, and we only collect a percentage of the recovery if we win your case. If there’s no recovery, you owe us nothing.
Why should I choose Morgan & Morgan for a Charleston slip and fall?
Because premises liability is won with resources and relentlessness. We pair local expertise with the power of over 1,000 attorneys nationwide. We move fast to preserve video, secure maintenance records, and build the kind of evidence-driven case insurers take seriously. And if they don’t, we’re trial-ready.
If you’ve been injured in a slip and fall in Charleston, get a free case evaluation today. Let America’s Largest Injury Law Firm fight for every dollar you’re owed.






