Slip and fall accidents are among the most common in our society. They can happen anywhere, including sidewalks, workplaces, grocery stores, or even on staircases at apartments where you stay.
A sudden unexpected fall can lead to serious injuries, confusion, and embarrassment, especially if you fall in public places. After a fall, you may wonder what to do next or whether you should put up a claim. Consulting an experienced slip and fall attorney can help you understand your rights and determine if you have a case.
I’m going to walk you through some important steps to take after a slip and fall accident so that you can ensure you are protecting yourself.
What To Do After a Slip and Fall
First of all, catch your breath and calm down. This will help you to recover from the shock. Try sitting up to feel if you have serious injuries. In case you can’t get up due to intense pain then get help. If there are people around and they propose taking you to the hospital then go with them.
Don’t assume anything after the incident. Adrenaline surges can cause symptoms of major injuries like broken bones, head fractures or even back injuries.
Get Medical Attention
If it is not so bad and you can walk then make sure to go to the hospital for a thorough assessment. If you can’t get up then ask someone to call an ambulance. Make a phone call from your phone and inform the closest person to you. Let them come to the hospital where you will be taken. Getting medical help will ensure that any injuries, minor or major are attended to by getting proper diagnosis and treatment.
This action will also help you get documentation such as medical bills and records that will come in handy if you will put up a claim for your injury. Don’t forget to keep these records well.
Remember that delayed medical care can give the opposing parties a leeway to refute your personal injury claim.
Report The Accident
Let the owner of the property or the manager of the place know about the incident. If the incident happened at a business premise, you should notify the manager or supervisor. Be polite and firm when presenting your case.
Remember never to sign any papers pertaining to the case before talking to your attorney as this action is likely to jeopardize your claim.
Document the scene and gather important evidence
Given that slip and fall accidents are complex, you will need to gather as much evidence as possible for your claim to hold. The following are some of the important scene evidence that you will be required to submit:
- Pictures of the scene: If you are in a position, take pictures of the scene or ask someone to do it for you. They will come in handy if you will go ahead to seek a personal injury claim.
- Preserve clothing and other visible evidence: Keep the clothes you were wearing on the day of the incident. Torn clothes, broken phone as a result of the fall, or even broken glasses will serve as evidence.
- Get direct witnesses: These are those who saw you fall and can testify. Get their numbers, names and addresses.
These will help you put a strong personal injury claim.
Understand Your Legal Rights
Slip and fall accidents fall under the law called premises liability. Here, the property owners have a legal responsibility to ensure that they keep their premises safe. Failing to adhere to these requirements may lead to legal penalties if someone gets hurt as a result of their negligence.
For you to get compensated after your unfortunate incident however, you must prove beyond reasonable doubt that the owner of the premise was aware of the dangerous condition. He should have been aware of it and failed to fix it or warn visitors about it.
Getting an experienced personal injury lawyer is the best option. They will investigate your case by gathering evidence and then advise you accordingly.
Avoid Making Statements or Admitting Fault
For your claim to be strong you must avoid making random statements and admitting faults like saying “ My shoes were not gripping the slippery flow”, or “I wasn’t watching where I was going” or even “I’m fine” when in the real sense you are not.
You might be confused immediately after the incident so it is best to get yourself together before speaking to the manager lest they use your statement against you. Always stick to the facts of the accident. Don’t give any apologies.
Consult With a Personal Injury Attorney
Navigating the legal complexities of a slip and fall claim can be quite challenging for you especially after all the confusion not forgetting the embarrassment of falling in public and the pain.
A personal injury attorney will come in handy to help you with this claim given that they have legal knowledge and vast experience in handling this type of case. Consult us at BigBen Lawyers to get an attorney to help you get a successful claim.
An attorney will help you to
- Gather the necessary evidence, interview witnesses you have presented to them, and work with experts to reconstruct the accident and prove liability.
- If a fair settlement is not reached, your lawyer will help you in filing a lawsuit and represent you in court.
- He will also negotiate with the insurance company on your behalf to ensure that you are fairly compensated.
What Documentation Do You Need?
For your claim to go through smoothly, there are several documents that you will have to present. Without these documents, you might present a weak claim which you will be likely to lose. Here are some of the records that you will need.
- Lost wages or income records: If you missed work due to the injuries you incurred, then you will need to prove it by providing records of missed income. This could include a letter from your employer, worksheets, pay stubs, payslips or any other proof you may have.
- Medical bills: These are all medical bills you incurred including emergency room visits, physical therapy, and prescription medication.
- Other expenses: Other expenses may include home care services, transport to hospital and any other.
FAQS
Q: What Compensation Might I Be Eligible for?
A: The category of compensation for this kind of accident is the same as any other case in a personal injury claim.
You are eligible to get the following compensation
- Lost wages compensation
- Medical bills
- Pain and suffering related to your injuries.
- Future earnings compensation
- Temporary and permanent disabilities that may come up as a result of your fall
Q: What Kind Of Information Will An Insurance Adjuster Be Looking For?
A: An insurance adjuster will be looking for any information that will lessen your claim. That’s why it’s important to be cautious after the accident and not to say anything that might be used against you.
They will ask questions to establish
- What you were doing just before you fell
- Whether you had a valid reason for being at the scene of the accident
- The nature and the extent of your injuries
- And whether you had preexisting injuries before the incident.
The best way to go is to engage an attorney who will work with the insurance company to ensure you get what you deserve.
Q: What Defines a Slip and Fall Accident?
A: This happens when the interface of your shoes and floor fails, majorly because of a slippery floor or surface. Such other accidents may include
- Step and fall: This is where there is an unexpected hole in the walking surface.
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- Stump and fall: This is where there is an impediment in the walking surface
- Trip and fall: This is where there is a foreign object in the walking path.
Conclusion
It is of paramount importance to protect your rights after a slip and fall accident. It is necessary to ensure that you receive the justice and compensation you deserve. Seek prompt medical attention and seek legal advice for your claim. Get the required documentation.
The actions you take immediately after the accident can significantly impact the outcome of your claim. Remember your well-being and legal rights are worth the effort.
References
Office of the clerk divisions 2024:
File a Claim
https://clerk.lacity.gov/clerk-services/council-and-public-services/file-claim
Department of Industrial Relations:
Updated Jan. 2025
I was Injured at Work