What should you do after a slip and fall accident?
After you slip and fall, you might feel shocked or stunned by what has just happened. You might feel embarrassed if other people are around. But, it’s important to remember that you’ve just been in a serious accident.
By keeping your wits about you and following these seven simple steps, you’ll make sure your injuries are identified and addressed as soon as possible. Plus, you’ll gather a ton of evidence that could be extremely helpful for your case. Your evidence should tell your story and make it really easy for the judge and jury to understand why you should be awarded more money if your case goes to trial.
1. Report the accident immediately.
Right after your accident happens, notify the correct people. If you’ve fallen at a business, tell the manager. If you’ve fallen in a public place, call the police. You want to report the accident right after it has happened. This way, if the police need to be called, they can have time to respond, interview witnesses, and thoroughly document and take pictures of the scene.
If you have to wait for the police to arrive, get names and phone numbers from witnesses who might not have time to wait until the police show up.
2. Take lots of pictures.
Even though the police are going to take pictures of the accident, feel free to take your own. You want to take pictures of the scene of your accident from every angle possible. If there was a cause of your slip and fall like a wet floor or uneven pavement, be sure to include those in your shots. Take pictures of your injuries and anything else that can help tell your story about why you fell.
The point is that you want to take so many pictures that you could easily show someone else what happened. After all, this could be what your lawyer needs to do if you end up in a trial. The difference between showing police pictures or telling your story with your pictures could result in significantly more money for you.
3. Get medical treatment—even if you don’t think you’re really hurt.
If you’re ever in an accident, you should never refuse medical treatment. You’re not a medical professional, so there’s no way of knowing whether you’re truly injured or not. The shock might make you feel fine. Or, perhaps, a delayed injury is waiting to surface.
Only medical professionals can tell if you’re injured. Get examined by the medical professionals who arrive at the scene of your accident. Then, go to the emergency room and have that doctor take a look. This way, all your injuries will be documented.
4. Keep a case file.
Take note of anything about your case. If you receive texts, emails, phone calls, medical records, bills, or anything else about your accident; make a note of it. It’s helpful to have a notebook specifically filled with information about phone calls, texts, and emails. This way, all of your notes are in one place.
When you’ve chosen a lawyer to represent you, have everything printed and keep the hard copies. Always make sure you have the originals just in case you need to make another copy of your case file. Then, give a copy of everything you have to your lawyer.
5. Keep your clothes from the accident.
Keep your clothes and shoes from the day of the accident. Make sure you don’t wash them or damage any rips or tears. Any damage, dirt, or blood could be evidence for your case. You don’t want to accidentally destroy evidence that could help your case in the future.
6. Don’t talk about your accident.
It’s crucial that you don’t speak about your accident until everything is finalized. Don’t talk to your friends about your accident. Don’t post about it on social media. Don’t speak to anyone who represents an insurance company.
If you start talking and assign or accept blame for what has happened, you could be damaging your case. So, when tempted to talk about what happened, just remember the old saying Loose lips sink ships. And, in your case, your ship contains all the money you might possibly be awarded.
7. Talk to a lawyer.
Your best bet to make sure you receive the right amount of money for your slip and fall injuries is to get a lawyer. This way, you can have someone with experience who has won similar cases to your own. Then, whenever anyone contacts you about your accident, you won’t have to worry whether you’re accidentally giving them information that might damage your case. You can tell them to talk to your lawyer, and you’ll know you’ve made the right decision.
What injuries can you get from a slip and fall accident?
After a slip and fall accident, you could have a variety of injuries. Some injuries might be very noticeable (like a concussion or broken arm). Others might only start to be visible after a couple of days. Either way, it’s best for you to get medical attention right after your fall because only medical professionals have access to the proper equipment to see whether (and how extensively) you’re injured inside your body.
Broken bones
Broken bones are one of the most common slip and fall injuries. Sometimes, the break can be significant and require surgery to reconnect pieces of bone. Other times, it can be manageable with a cast or splint. In some rare cases, you might have a hairline fracture that only requires care and attention.
Hip fractures
Most broken hips happen as the result of a fall. A broken hip normally means surgery and sometimes even replacement. Then, after the hip is repaired, there is physical therapy. If the fall victim is elderly, the physical therapy often happens in a nursing home.
Soft tissue injuries
Soft tissue injuries are a little tricky. You might not notice or feel any pain until a few days after your accident. Then, maybe you start seeing bruising or you notice your wrist hurts when you move it a certain way. Sprained wrists and ankles are really common slip and fall injuries.
It’s easy to over-stretch tendons and ligaments or bonk yourself so hard a bruise shows up later. Although it’s tough to know whether you’re truly injured or not after your fall, it’s always better safe than sorry. Seek medical help as soon as possible after your accident.
Traumatic brain injuries (TBIs)
A traumatic brain injury can significantly change your life. Even some of the more common and less debilitating brain injuries like blurred vision, confusion, and difficulty concentrating can make your post-accident life feel hard. Luckily, your pain from these injuries is most likely short-term. In most cases, the effects from your TBI will probably fade with time and help from a doctor.
However, there are more serious brain injuries that you might not ever fully recover from. They could even kill you. If you have a concussion or bleeding on your brain, it’s important for you to receive medical treatment as soon as you can. It could mean the difference between life or death.
Spinal cord injuries
Spinal cord injuries are extremely serious. With a spinal cord injury, you might have pain or tingling in one of your extremities. But, in more severe cases, you could have paralysis, quadriplegia, or die. Although some spinal cord injuries may improve over time and with medical care, many are permanent and life-changing.
Knee injuries
The knee is one of the most unstable joints in the human body. With any sudden moves or awkward twists, the tendons and ligaments get overstretched or strained. Although a knee injury may not make you immediately feel like you need to go to the hospital and get checked out, ignoring your injury could set you up for a lifetime of dealing with instability in your “trick” knee.
Why are my injuries important?
It’s important to let your lawyer know about all of your injuries because how badly you’ve been hurt impacts the amount of money you should receive for your slip and fall injuries. Especially if you’ve had a serious injury that has changed how you’re able to live your life, you want to take a look at what that costs today as well as what that will cost in the future.
For example, let’s say your slip and fall accident caused you to have a concussion and a broken arm. Because of your injuries, you’re not currently able to go back to work. So, right now, you’ve got your hospital bills plus your lost wages amount that you’ll want to be covered.
But, what if your traumatic brain injury has caused you to lose your job? You’d want to make sure that you asked for enough money to cover that life-altering event. This is why it’s important for you to let your lawyer know about all of your injuries—it could end up meaning more money for you in the end.
What evidence is required to win a slip and fall case?
All around the world, people slip and fall every day. But, for each fall, it doesn’t mean there’s an automatic payday around the corner. In order to be compensated for your slip and fall injuries, you need to be able to prove the property owner was at fault for your accident.
Once you prove the property owner is at fault, you’ll also need to prove your accident wasn’t somehow from your own carelessness. Use the questions below to help you assess whether the property owner, yourself, or a combination of both were responsible for your slip and fall injuries.
Was poor lighting or limited visibility a factor in causing the slip and fall?
It might seem like this question is a total no-brainer. Of course, the property owner should have well-lit walkways. If he or she doesn’t, that person should be at fault (at least partially) for your fall, right?
The answer is not necessarily so straightforward. There are a couple of instances where the property owner wouldn’t be at fault. More importantly, you would prove you were at least partially to blame. These situations include if you were:
- walking off the main path—perhaps taking a shortcut to get somewhere else
- in an unauthorized area
- walking in an area where a dangerous situation is clearly marked with signs
Was there a legitimate reason for the area to be hazardous, such as a slippery floor after being washed?
This question might seem really straightforward, but it’s not. Let’s take a look at an example. Let’s say you’re on a road trip and stop at a gas station to fuel up and use the bathroom. As you enter the bathroom, you pass an employee pushing a mop and bucket.
Maybe this visual cue tells you that the bathroom floor might have just been mopped and you should proceed with caution. But, maybe you think the mop and bucket are on their way to clean up a spill in another part of the gas station. You walk into the bathroom, slip on the freshly mopped floor, and fall.
So, who’s at fault here? Yes, the employee should have displayed a wet floor warning sign. However, the owner might argue that you should have understood the floor was wet since you passed right by the employee, mop, and bucket on your way into the bathroom.
Are you partially at fault then? The short answer is not necessarily, but the attorney representing the other side might make you feel that way. This is why it’s so important for you to have your own lawyer on your side.
You can tell your lawyer exactly what happened, and he or she can let you know if you have any responsibility for your slip and fall injuries. Then, when the other side’s lawyer makes you try to feel guilty (so that you’ll accept their low-ball offer out of fear), you can be confident that you didn’t do anything wrong and get the settlement you deserve.
Were there any warnings that the spot might be dangerous?
If the property owner already knew the area was potentially dangerous, he or she should have taken responsibility and posted warning signs. This could include signs indicating:
- a slippery floor
- unlevel ground
- uneven steps
- construction
- whatever would best warn you about the situation that caused your fall
Were you doing anything that distracted you from paying attention to where you were going; or were you running, jumping, or fooling around in a way that made falling more likely?
As you might suspect, if you were doing anything listed above, you weren’t completely paying attention to what you were doing. This puts you at least partly at fault for your slip and fall injuries. But, even if you weren’t completely paying attention, don’t give up hope for a fair settlement. The property owner might still be partly at fault, and this could lead to some financial compensation.
Also, if you weren’t completely paying attention to what you were doing, it’s important for you to be totally honest with your lawyer. The truth always seems to come out in the end, so don’t do something silly like lie to your lawyer about what you were really doing. In the age where almost everyone has a camera and video camera on their phone, the truth always seems to come out.
Did anyone see your slip, trip, and fall accident?
Witnesses are valuable. As a neutral observer, a witness can offer another account of what was happening when you slipped and fell. This can be particularly powerful if you and your witness tell similar stories about your accident.
Plus, there’s another added bonus to having a witness. A neutral third party can help to prove either:
- The property owner should have identified the situation that caused your fall as dangerous and done something to prevent it
- The property owner caused the dangerous situation leading to your accident
If you’re going to win your slip and fall case, you’re going to need to prove one of those two points. This will establish the fault of the property owner.
How long after a slip and fall accident can you sue?
After a slip and fall accident, California residents have around two years from the date of the accident to sue. However, there are some situations where the statute of limitations might be suspended. For example, if the defendant is out of the state for some time or if the injured person is under 18, you might have a longer period of time.
In order to find out how long you truly have to sue, you’ll want to contact an experienced personal injury lawyer. He or she can let you know exactly how long you have to sue for your slip and fall injuries.
How much is your slip and fall claim worth?
After being injured in a slip and fall accident, you might wonder, How much is this worth? Grab your bills, a calculator, and follow the easy steps below to get a good estimate of how much your slip and fall injuries are actually worth.
- How much are your medical bills? Add up all your medical bills relating to your fall. If you’ve had to get physical therapy or counseling from your accident, don’t forget to add those bills in, too. If it’s a bill relating to your fall, count it! And, don’t forget about any upcoming visits to the doctor or physical therapist. Those bills count, too.
- Did you lose any wages or income because of your fall? If you lost any wages or income because you fell, you could be entitled to a reimbursement. Similarly, if your fall has caused injuries that prevent you from working in the future (near or extended), include those numbers. Also, if you’ve lost your job because of your fall, don’t forget to include an estimate for the benefits (like health and dental insurance) that you have lost as well.
- Figure out your pain and suffering amount. This is the tricky part. Because pain and suffering is often calculated based on several factors that go into a complex table, it’s best to talk to your lawyer and have him or her calculate your pain and suffering amount.
Still, even if you don’t know your pain and suffering amount, you can add up your sums from your medical bills and lost wages to get a minimum of how much your slip and fall claim should be worth. Then, give your lawyer a call.
Right now, you need help from someone who has helped other people who have been in similar accidents receive the financial settlement they deserve. You need someone who can anticipate what other expenses might be headed your way and see the big picture. You need someone to carry the burden of successfully handling your slip and fall case.
Look around and see what the other personal injury lawyers have to offer. Only talk to lawyers who have handled cases similar to your own. Then, when you’re done with your interviews, I’m confident you’ll be certain we’re the right lawyers for you.
