What to Do After a Slip-and-Fall Accident

Whether we are being cautious, in a hurry, or just navigating our environments, slip and fall accidents happen. The Centres for Disease Control reports that slip-and-fall accidents make up over 8 million hospital visits in a year. This guide, while not a substitute for legal or medical advice, can help you figure out what to do in the short- and long-term after you’ve had an accident.

ACTION TO TAKE IMMEDIATELY AFTER SLIP AND FALL ACCIDENTS

Ensure Safety

You may or may not realize all of the injuries you have, so it’s important to check what injuries you have and get medical attention immediately. If the situation or location still presents danger, leave if you can safely do so without causing greater injury to yourself.

Seek Medical Attention

You’ll want to go to a doctor to have your injuries assessed and taken care of. Your health is crucial at this time and having supporting medical documents shortly after the accident can help fortify your claim when seeking to recover compensation. A medical provider can also catalog the full extent of your injuries, which will be a main part of your primary claim.

There are two main reasons to get medical attention immediately:

• Recover with treatment tailored to you and your injury.

• Prove that the injury was not from a different incident.

Report the Incident

If your accident occurred at a place of business, they may want you to fill out a slip and fall accident report for their records. Even if your trip or fall is on a sidewalk, report it to an owner or landlord. This is okay and encouraged for you to do if you are able. Be accurate but don’t embellish and do make sure you get a copy of the report. If police attend the scene, try to get a copy of their report as well. This can be helpful later if the defendant tries to claim that you did not take your accident seriously.

START DOCUMENTING

Take Photographs

If your injuries allow, document the scene exactly where you fell by taking pictures and videos. This helps to determine the cause of your fall. Even if it’s confusing and you’re not sure what you’re taking photos of, this is an important step. If someone else’s negligence caused your fall, this is critical information to support that.

Remember that your smartphone camera can take good enough pictures. Be sure to focus on wider angles.

Gather Witness Information

In stressful situations like a slip and fall accident, having neutral witnesses give information on what their recollection of the event was can strengthen your case. You and the business owner have different interests and their story may not match yours. Try to collect contact information from impartial witnesses and from any employees or managers who might have helped you after your slip and fall.

Take down these pieces of information:

• First and last name

• Phone number

• Email address

• Address

Keep Detailed Records

Records can help establish fault in an investigation, so it’s important to keep all of your documents in one place that is easy to access.

Things you might want in your records include:

• Photographs of your injuries and their healing process

• Medical records from doctor visits and any other healthcare-related documents, like physiotherapy or specialists.

• A copy of the accident report at the site, if you have one.

• Security footage of the accident if there is any.

• Everything you were wearing, preserved from the day of the accident.

• A detailed account written shortly after the accident so that the facts are preserved, as memory tends to fade over time.

CONSIDER CONTACTING A PERSONAL INJURY LAWYER

Timing

If you’re looking to get compensation for your injury, you’ll want to connect with a lawyer as soon as you’re able. Once you’ve received medical care, reaching out to an experienced law firm will help your case get started strong.

Importance of Legal Representation

It can be difficult to prove what led to a slip-and-fall accident and navigating the complex legal landscape while you’re healing can be an additional pain. Experienced representation can help you get the compensation you deserve with less stress as you focus on recovery.

Lawyers can help with:

• Collecting evidence and preserving it, as well as knowing what pieces of evidence to focus on for your particular case.

• Working with insurance companies, either yours or the business owner’s, as communications and negotiations with insurance can hurt or help your case.

• Maximizing your compensation and ensuring that you don’t miss out on an aspect that can be taken care of for you, like medical expenses, lost wages, and pain and suffering.

Other Considerations

Understanding Liability

Premise liability laws fall under the California Civil Code §1714(a) and state that businesses have a “duty of care” to keep the premises safe for patrons and visitors. Businesses even hold this duty for trespassers as well, and must not willfully or recklessly endanger them. If they do not keep the premises reasonably safe, they can be liable for your injuries

This duty of care means that a business should:

• Maintain their property, including inspecting and addressing issues

• Warn if there is a hazard

• Repair the hazard as soon as possible

California honors comparative fault, meaning that if you’re partially responsible for your accident, you may still receive a percentage of the damages for the amount you are not found responsible for.

Statute of Limitations

Knowing that there’s a time limit on what you’re able to claim in an injury is crucial to recovering damages for your injury. California Civil Code §335.1, you need to file a claim within 2 years of your accident. Earlier is better as getting evidence and contacting witnesses will be easier closer to the accident than even a few months later.

Avoiding Common Mistakes

To ensure that you get fair compensation for your injuries, you’ll want to consider the advice below:

• Don’t give statements to business owners or insurance companies without legal representation

• Don’t wait too long to act in documenting or reaching out to a lawyer

• Save everything you can related to the accident, including your clothes, medical bills and witness information

• Do not take blame or blame others in the aftermath, as this can hurt your case

• Don’t be inconsistent with your recollection of the accident

• Do follow medical advice and document your treatment, failing to do so might be seen as you not taking recovery seriously

Case Example

A woman in California slipped in a grocery store in 2014. Her injuries left her with permanent spinal damage and chronic pain. There was evidence that the store was aware of the hazard but had not acted quickly enough to fix it or post signage about the hazard in the interim.

Documenting injuries and getting experienced legal representation helped this woman get $15 million for her case.