Knowing what steps to take after a slip and fall accident can help you recuperate from your injuries and build a substantial claim against the insurance company and a business or property owner.
If you have been injured in a slip-and-fall accident, you can take legal action against the at-fault parties involved. You must take certain steps to effectively get compensated for your pain, suffering, and injuries.
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Steps to Take in the Aftermath of a Slip-and-Fall Accident
After a slip and fall, some critical actions include:
- Get medical help
- Collect evidence from the incident scene
- Documenting your damages and injuries
- Filing insurance claims against the liable parties
There are specific actions you must take to guarantee that your rights are protected and that you get the compensation you deserve. Follow these steps to verify the legality of your case, prove neglect, and hold those accountable for not maintaining the property where you fell.
Reporting the Incident to Property Owners/Managers
After falling on someone else’s property, you should tell the business or property owner immediately. When you slip and fall in a commercial establishment, report the fall to a manager.
As a business or property owner, it is their duty to provide care to all visitors, ensuring their property is safe for people to walk around. If this obligation has been violated, you have the right to get restitution from the property owner for what you have suffered due to the accident.
Businesses typically create an incident report after a person experiences a slip and fall to record the accident for legal and insurance purposes. Be sure to ask for a copy of the incident report a business or property manager prepares for their employer.
When reporting a slip and fall to a property or business owner, you should state the details of the accident as you recall them. Do not exaggerate or make guesses such as you slipped on some water if you didn’t see any water on the floor.
Additionally, you shouldn’t become accusatory or antagonistic toward the business or property owner, even if you’re furious that you fell due to a dangerous condition on the site. Quickly blaming the business or property owner for the accident could damage your credibility and lead to questions about your motives. Possible dangerous conditions that can lead to a slip-and-fall incident include:
- Uneven or damaged floors
- Unsafe or debris left in the walkway, sidewalk, or aisle
- Slippery surfaces
- No hazardous warning signs
- Poorly kept parking lots or driveways
- Ripped or lack of doormats
- Inadequate lighting
- Torn carpeting
- Uneven entryways or sidewalks
- Faulty elevators
- Building code violations
Whatever it was that caused your fall, do your best to pinpoint the cause and all other potential contributing factors. Without an exact cause, it will be difficult to prove your case.
Get Medical Treatment Immediately
Health must always be your main priority. That’s why it’s critical to get medical attention immediately after the accident to take care of any injuries.
Go to the medical center, 24-hour clinic, or emergency room. Let them know that you were hurt in a slip and fall accident and tell the medical professional about any symptoms regardless of how minor they are.
A doctor’s examination will confirm that you were in a slip-and-fall accident. This report can be used as evidence when you file a claim. You should also retain all records including lab results, medical certificates, and any receipts related to the incident. These can be used as evidence when you request compensation.
It’s vital to not wait to get treated. Delaying can potentially decrease the value of your case. It’s also crucial to obey your doctor’s treatment plan and not skip any doctor appointments. Otherwise, insurance companies might believe that your injuries weren’t serious, which can hurt your case.
Get Witness Contact Information
You and the property/business owner will probably recall the slip and fall accident in different ways. Eyewitnesses can substantiate the details of what really happened. You should get the contact information of anyone who witnessed the accident, including people who might not have seen you fall but can confirm the conditions of where the accident took place.
When you collect the witness information, ask them if they would be inclined to make a video statement about the hazardous condition that made you slip and fall. Eyewitnesses are usually willing to make such a statement at the incident scene.
Get an Official Injury Report
Slip and fall accidents can occur anywhere on private or public property. Always note the precise location of the accident and report it to the store manager or property owner. The manager or owner should fill out an incident report and give you a copy. This accident report ensures that the business or property can’t later say you never fell, and the accident didn’t happen.
Furthermore, if an ambulance responds to the accident, they will create an official injury report. Your attorney can get a copy of this report.
Collect Important Evidence
It’s important to collect evidence that can help support your case, validate your claim, and possibly increase your compensation. Collect evidence such as:
- A written detailed statement of the accident
- Witness information
- Record of any missed days or lost income from work
- Pictures of injuries including cuts or bruises
- Photos of the accident location and surroundings
- Expenses incurred from the accident
- All communications with insurance companies
Keep the Footwear and Clothing Worn During the Accident
It’s vital that you keep everything from the slip and fall accident including footwear and clothing worn at that time. Be sure not to clean or wash them. Dirt, rips, or blood on your clothing and footwear can be significant evidence in establishing the severity of your accident.
Instead, keep these in a secure and safe place, making sure that nothing can harm the items. You should also take pictures of them. These could be pertinent pieces of evidence when you file a claim.
Avoid Providing Detailed Statements or Signing Documents
Don’t offer detailed statements or sign any paperwork without consulting an attorney first. Insurance companies can use this information to stop you from getting compensated fairly. For example, insurance companies might call you and persuade you to say, “I’m doing good” which contradicts your injury claim. You could also mistakenly give wrong information that could harm your case.
Insurance adjusters are very challenging to deal with when it comes to trying to get fair compensation for your accident. They might aggressively try to pressure you into an initial settlement agreement that won’t pay you fairly for your pain and suffering. Be wary about how much information you divulge to them.
Also, don’t ever sign a release permitting anyone to assess your medical records without speaking to an attorney first. Once you hire a lawyer, you can then refer all insurance representatives to them.
Consult a Personal Injury Lawyer
It’s a good idea to hire a Denver personal injury attorney after a slip and fall accident. An attorney can help you navigate the difficulties of personal injury law, guaranteeing that your rights are protected.
Attorneys can also help in other ways like:
- Collecting evidence
- Create legal strategies
- Communicating with expert witnesses to strengthen your case
In the end, knowledge and experience matter, enhancing the chance of a successful outcome in your personal injury claims.
Request Security Footage of the Incident
Many businesses and properties have 24-hour security cameras. If you suffer a slip and fall accident on public property, you have the right legally to ask the property manager to save the security video of what occurred.
Video footage is extremely useful evidence. If your accident is caught on camera, it will help significantly in verifying the negligence of the property owner in your case.
Keep Your Accident Off of Social Media
It can be tempting to post the details about your slip and fall incident on your social media pages, especially if you’re emotional and in pain. However, it isn’t a good idea to talk about continuing legal action or information about an impending case on the internet.
Any comments you make or photos you post could be altered and used against you later. You should keep any conversations about your slip and fall case between you, your lawyers, and your physicians.
Our Denver Personal Injury Attorneys Are Here to Help
Slip and fall accidents are usually emotionally and physically distressing. Trying to successfully settle a fall injury claim can be taxing and annoying. There is no reason you should attempt to handle your slip and fall accident by yourself. Our team of personal injury lawyers at The Paul Wilkinson Law Firm is prepared to help you through each phase of your accident case.
Our firm has successfully represented Colorado accident and injury victims for over 12 years and recovered millions of dollars in compensation on their behalf.
If you or a family member has been hurt in a slip and fall accident due to someone else’s negligence, we can help. Contact us today or fill out our contact form for a free consultation.
