If he handles this wrong, the danger gets fixed before it's documented, the landlord denies notice, and key medical records end up split between VA care and private providers.

What should have happened right away: the stairs, handrail, lighting, ice, water, or rot should have been photographed before repairs. The fall should have been reported in writing to the landlord or property manager the same day. If EMS came, or Morgantown Police or Monongalia County EMS responded, get that report number. If there were witnesses - neighbors, maintenance staff, delivery drivers - their names and numbers matter.

For an apartment fall in West Virginia, the big issue is usually whether the owner knew or should have known about the hazard and failed to fix it.

What to do now: send a written notice immediately to the landlord asking them to preserve the stairs, maintenance logs, inspection records, incident reports, and any surveillance video. Save the lease, text messages, emails, rent portal complaints, and photos from before the fall if anyone has them. If the stairs were damaged from spring thaw, water intrusion, or repeated freeze-thaw, document that too.

If your brother is a veteran, keep VA treatment records and civilian treatment records together. Those systems do not coordinate well, and the insurance company will use gaps against him. He should tell every provider the injury happened in a fall at the apartment complex.

What comes next: West Virginia generally gives 2 years to file a personal injury lawsuit, under W. Va. Code § 55-2-12. If the property owner blames him, West Virginia uses modified comparative fault - he can still recover if he was 50% or less at fault, but his compensation is reduced by his share of fault.

The claim usually turns on three things: notice of the defect, proof of the defect, and proof of injury. If the landlord repairs the stairs tomorrow and nobody preserved what they looked like today, the case gets much harder fast.