There are several elements that must be present in order to make a good case:
1. Negligence - You must show that the store management knew or should have konw that the sugar was on the floor and could have cleaned it up quicker or at least posted warning signs. To show that, we often have to determine how long the hazard was there and what, if anything, the store did about it.
2. Causation - You have to show that the accident is what caused your injuries. This should not be hard to do in this case. But sometimes there are pre-existing injuries that get exacerbated by the accident and that can be hard to prove.
3. Injury - You did not describe the extent of your injury. How badly were you hurt? Bad enough that you were taken away in an ambulance and can't return to work. But did you require medical treatment? What is your prognosis?
4. Damages - Your injury must be severe enough to be worth something. While even the smallest injury causes some pain and suffering, the amount of pain for something like a bruised knee or a paper cut would be so small as to not be worth pursuing. Typically in order for a lawyer to consider the case worthwhile, the injury would have to be severe enough to warrant further medical treatment. The amount of money a person may likely recover is usually related to amount of the medical bills, plus pain and suffering. The old rule of thumb is three times your medical bills, but that is just a ballpark.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
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