Slip and fall tips to consider after an accident include establishing liability, proving your injuries, and demonstrating causation for a successful claim. Accidents can occur unexpectedly, and property owners are legally required to maintain safe conditions. This is known as premises liability.
If you’re injured due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. For assistance, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
3 Tips for Handling a Slip and Fall Accident
Slip and fall incidents in the United States are concerning, with around one million emergency room visits annually due to such injuries. These accidents represent 12% of all emergencies, and 20-30% of victims suffer serious injuries. Among individuals aged 65 and older, over a quarter experience falls each year, with half of these repeat fallers. The average medical cost for slip and fall injuries is approximately $33,000, contributing to $34 billion in annual medical expenses. Given the prevalence of these accidents, knowing tips to handle them is essential.
Slip and fall cases often present several issues that you need to understand before attempting to reach a settlement. To effectively manage your slip and fall claim, you need to know slip and fall accident tips to establish liability, prove your injuries and link your injuries to the slip and fall.
Tip 1 – Establish Liability
Establishing a property owner’s liability for your fall is not always simple. You need to demonstrate that your fall was caused by a hazardous condition, such as spilled liquid or a broken floor tile. However, it’s not enough to prove the hazard existed; you must also show that the owner was aware of it or should have been aware, and had a reasonable chance to address it. Here are ways to gather the necessary proof of the owner’s awareness.
Statements From Other Witnesses
If someone besides you noticed the hazardous situation and knows how long it has been present, that person can help demonstrate that the property owner was aware of the danger. Be sure to obtain written or recorded statements from these witnesses.
Surveillance Footage
Many businesses now have surveillance cameras on their properties. If you experience a fall outside, check for cameras on nearby buildings as well. The footage may reveal how long the dangerous condition existed prior to your fall.
If there is surveillance video of your incident, make a request for it as soon as possible. Surveillance systems often record in a continuous loop. If you don’t request the footage quickly, it may be overwritten and lost for good.
Information on Previous Incidents
Businesses and their insurance providers typically maintain records of falls and other incidents that occur on their premises, often in the form of written or electronic documents called incident reports.
Inquire about falls or similar incidents that took place before yours. The insurance company may resist providing copies of these incident reports due to confidentiality, but the existence of prior injuries in the same location is not protected information. If they refuse to share the reports, ask for the details contained within them.
Tip 2 – Prove Your Injuries
If your fall results in a broken bone or a visible, bleeding wound, demonstrating your injury is straightforward. However, falls often lead to soft tissue injuries like sprains, strains, or back and neck issues that may not be visible on an X-ray. To substantiate your injuries in such situations, you may:
Request Your Doctor to Document Everything
Ensure that your doctor records your injury and the symptoms you’ve experienced in your medical files. These records will be crucial if the insurance company attempts to deny or downplay what occurred.
As you get ready to settle your claim, consider asking your doctor to provide a letter that outlines:
- The nature and severity of your injuries
- The pain, emotional distress, and other symptoms and limitations you have faced
- The medical treatment and care you have received
Maintain a Journal
Keeping a journal is one of the most effective ways to chronicle your injuries and their impact. Starting from the day of your injury, document the circumstances of the incident, all your symptoms, the medical care you obtained, and how your daily activities have been affected, such as missing work or inability to complete household tasks.
If your claim does not settle, and you proceed to a lawsuit, the opposing party has the right to access your journal should you refer to it in court. Keep your entries factual and avoid exaggerating or embellishing your injuries.
Tip 3 – Prove Causation
To successfully demonstrate your injuries, you must establish that the fall was the cause. If you don’t have prior injuries to the area that was affected in the fall, linking causation should be straightforward. However, if the fall injured your lower back, and you have a history of existing back issues, the situation becomes more complicated.
Just like with proving your injury, you’ll need your doctor’s assistance to establish a connection between the injury and the fall. Discuss your claim with your doctor and explain that having a letter outlining which injuries resulted from the fall could be beneficial in resolving the claim.
How to Protect Your Rights After a Slip and Fall Incident
To protect your rights after a slip and fall, seek medical attention, document the scene, report the incident to the property owner, and hire a personal injury lawyer.
Seek Medical Help
Slip and fall accidents can lead to serious injuries such as concussions, sprained joints, bone fractures, spine damage, and more.
One of the common mistakes after a slip and fall injury is to not seek medical attention. You don’t need visible injuries to seek medical attention. If you feel fine, go to a health center for an evaluation; if you have severe symptoms, wait for emergency help. Getting prompt medical attention is crucial for compensation claims, as it demonstrates the seriousness of your injuries. Accurate details in the doctor’s report will support your claim.
Document the Scene
Common causes of falls include spills, broken tiles, and black ice. To support a personal injury claim, take photos from different angles showing the scene of your fall, the floor conditions, and visible injuries.
Prioritize medical attention, but be aware that the store might quickly address the hazard, leaving you without proof. If someone is with you, ask them to help take photos or request assistance from a bystander. Check for CCTV in the area that could aid your case.
Document Details of the Slip and Fall
Once you are stable, document everything about the accident, including your injuries, the doctor’s findings, and personal items lost, like a damaged watch or phone. Note all treatment-related expenses, including transportation and medical costs. Additionally, gather details from any witnesses, including their names, addresses, and contact information.
Report the Incident
If a fall happens on private property or outside a business, inform the property owner, landlord, or store manager. Most businesses have established procedures for dealing with slip and fall incidents and will likely ask you to complete an incident report. Be sure to request a copy of this report for your records.
Hire a Good Personal Injury Lawyer
After seeking medical care and gathering evidence, including witness testimonies and incident reports, the next step is to engage a lawyer who knows how to handle slip and fall claims. If your case is straightforward and your injuries are minor, you might consider handling it on your own.
However, the majority of slip and fall accident cases are settled without going to trial, but having slip and fall lawyers by your side is essential for negotiating a favorable settlement. While negotiating directly with the insurance adjuster is possible, they are less likely to treat your claim with the appropriate seriousness in the absence of legal representation. Without an attorney, you become an easy target for the insurance company.
When to Contact a Slip and Fall Attorney for Legal Help
Although there isn’t a specific timeline or deadline for retaining a lawyer, it’s advisable to hire a slip and fall lawyer as soon as possible after your accident. Your lawyer will help you collect essential evidence that can determine who was responsible for your slip and fall incident. Once all the evidence is gathered, your attorney will present it to the insurance company or court to demonstrate the other party’s negligence. It is their responsibility to show that the responsible party did not exercise appropriate care, resulting in your accident.
After compiling all necessary evidence and documentation, your attorney can assess your slip and fall case value and negotiate with the insurance company, or pursue legal action, to ensure you receive maximum compensation for your injuries.
If you or someone close to you has been injured in a slip and fall accident, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, to initiate your slip and fall case.
