Can You File a Claim for a Slip and Fall Accident?
You or a loved one may file a slip-and-fall claim if injured on someone else’s property. A slip and fall may cause significant injuries and revenue loss from time spent recuperating. A severe fall may lead to long-term impairment or even death.
Not all injuries on someone else’s property warrant a “slip and fall” claim. Accidents on private property may be caused by inattention, illness, and ill-fitting shoes.
A significant fall may affect a person’s health, emotional condition, and financial stability. If you slip and fall and your insurer refuses to compensate you, you may have to sue.
In this case, getting the assistance of the best slip-and-fall accident lawyers will be wise for you. On the other hand, there is often a statute of limitations for bringing legal action.
Reasons to Hire Slip and Fall Accident Lawyers
Getting legal advice isn’t necessary for every accidental fall. You should hire a lawyer following a slip and fall for several reasons. If unsafe property conditions caused your slip-and-fall accident, get legal help immediately. Hiring slip and fall accident lawyers are the easiest methods to determine what caused the fall. A slip-and-fall accident’s liability is not always easy to pin down. The party in possession and control of the premises at the time of the accident should be identified.
Instead of worrying about who caused your slip-and-fall injury, call a personal injury lawyer so you can focus on healing. Your lawyer may establish that the liable party didn’t take adequate safety measures.
With legal representation, insurers and defendants are more likely to treat your claim seriously. It’s common knowledge that having a skilled attorney on your side will increase the amount of your payout.
Even after a lawsuit has been filed, a settlement may be feasible. You should not make a personal injury claim without a lawyer. Your attorney for a slip and fall lawsuit will investigate the incident, speak with witnesses, and prepare for trial. Your lawyer will work hard to get a large settlement or verdict for you at trial.
Cases of Injury From a Slip and Fall
Minor injuries sustained in a slip and fall may not merit legal action. Suing a negligent person may help you pay for medical treatments and lost income if you’ve suffered life-changing injuries. Severe injuries from falls may include:
- Injuries to the head or brain
- Paralysis caused by spinal cord damage
- Injuries to the bones that are particularly difficult to heal
- Accidental Injuries to the Back
If you or a loved one sustained severe injuries, you might be eligible to obtain compensation for the following:
- The current and projected cost of medical care
- Expenses incurred and potential future losses in income
- Injuries, aches, and pains
- Emotional distress
- Expenses incurred for transportation
- Out-of-pocket expenses
Depending on the specifics of your slip and fall case, you may also be eligible for other forms of compensation. A slip-and-fall attorney may help you calculate your losses and the amount of payment you may be entitled to.
Should You Take Legal Action Following a Slip and Fall Incident?
Insurance companies often compensate those injured in slip and fall accidents. But other insurance providers just flat-out deny claims, hoping the claimants would go away.
Some people try to downplay a legitimate claim or unfairly delay paying up. In places with short personal injury statute limitations, litigants face a deadline.
Filing a personal injury lawsuit before the deadline may help insurance negotiations. A lawsuit may deter an insurer from accepting a fair settlement and backing up your claim if it’s denied.
Actions to Take Following a Slip, Trip, or Fall
Not all accidents result in a lawsuit being filed because someone slipped and fell. There might be legal recourse if your fall was caused by a danger on someone else’s property.
Commercial property owners must keep their buildings safe for clients and the public. If the property owner knew or should have known about the danger and did nothing, they may be responsible for any injury caused by your visit.
- Collect Data on the Fall
Gather witnesses’ addresses, phone numbers, and names. If you file a lawsuit, their remarks might be used as evidence. Photograph the DIRECT location where you fell and any stairs, ice patches, or other elements.
Write down the accident’s time, date, and details, including how you fell. As an additional precaution, please put away the shoes and clothes you wore during the incident. They might serve as proof along the road.
- Report the Incident by Notifying the Proper Authorities
Immediate action after a fall:
- Inform the Appropriate Authority
Get in touch with the shop’s management or any responsible party nearby. Let the proper authorities know if you have been hurt in an accident.
- Follow Your Company’s Protocol
Most companies have accident reporting rules; follow them to the letter.
- Complete an Incident Report Form and Get It Signed
It’s essential to keep track of when and where you slipped and fell.
- Get Some Pictures of the Area
Take pictures of the area where you fell and describe what made it dangerous. Such as a damp floor, broken or frozen pavement, torn carpet, or product spill.
- Document the Injury With Photographs
Having images of your wound will be pretty helpful. If your cut, scrape, or bruise worsens, take as many photos as you feel are required to portray the progression accurately.
- Please Seek Professional Medical Help
In all cases involving personal injury, immediate medical assistance is advised. If you suit for accident-related damages, you will need medical documents to prove your injuries.
If you wait too long to make a claim, the insurer may assume your symptoms are unimportant or that you’re exaggerating.
Save your medical receipts and a doctor’s diagnosis. X-rays, orthodontic equipment, and casts may need a receipt. You will need a doctor’s note if you miss work or have permanent injuries.
- Refuse to Make Any Statements
Don’t lose your cool, and don’t go crazy talking to the building’s landlord. Do not share any information about the accident online. Wait to speak to the insurance company until you have had a chance to consult with a lawyer. Do not assign or accept responsibility.
- Start a Compensation Case in Court
The aftermath of a slip-and-fall accident is not something you should try to fix on your own. Big and small businesses, stores, and mom-and-pop shops are targets of fake slip-and-fall claims.
- A lawyer will:
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Inquire of you. To determine whether you have a valid claim, your attorney will need to conduct a thorough interview with you. Remember to bring your notes and any relevant data to share with the lawyer.
- Rank the Severity of the Incident
Before agreeing to represent you, a lawyer will investigate to ensure that you did not cause any of the accidents. You won’t win a lawsuit if you fall in a shop parking lot while wearing stiletto heels. You may have a claim if you wore shoes and slipped on broken pavement that the business owner didn’t replace.
- Improve Your Chances of Succeeding
Many business owners would prefer to avoid compensating slip-and-fall victims. They are used to being duped and will try to disprove you or blame someone else for your fall. A personal injury attorney may help with falls.
Get the following ready to provide to your slip-and-fall lawyer before your consultation:
- What you have written down about the incident
- Injury-related time lost from work and related details
- Care you got from doctors and whether you were hospitalized
- Was your ability to go back to work affected by this?
- Include any long-term or chronic injuries that have left you unable to work on a list like this one.
Physical therapists may help you recover from injuries, track medical visits, and improve your case. Include MRIs, CAT scans, medications, and doctor visits in your medical records and compensation request.
You have a good chance of winning with thorough documentation, a captivating tale, and carelessness proof.
It Was Your Fault That the Accident Happened
It’s possible that you had a hand in contributing to your downfall. For instance, if you ignore a notice warning of a damp floor, you increase your risk of injury.
Your eligibility to sue for damages after a slip and fall incident may be affected by your occupation. But this will depend on the details of the incident and the regulations in your jurisdiction.
- Assumed Negligence
Contributory negligence laws exist in just a few U.S. jurisdictions. It implies that you will not be able to get any money for your slip and fall if you have anything to do with creating your injuries.
- Comparative Negligence
Most of the US utilizes comparative negligence instead of contributory negligence. In states with comparative negligence laws, you may pursue a claim even if you contributed to your fall. However, your payment will be reduced.
No matter how much fault you bear for a slip and fall, you will still be able to recover damages in a pure comparative negligence situation. Your settlement will be decreased according to your degree of guilt. Even if you were 90% at blame for a fall that cost $10,000, the other person might still owe you $1,000.
In countries with modified comparative negligence, the defendant may share damages. Once again, the amount of any settlement you get will be reduced by your share of the blame.
Conclusion
Dealing with injuries sustained in slip-and-fall accidents could be highly stressful on its own. Before claiming to receive the money you deserve, there are numerous details to think about.
This guide has all the information you will need to succeed. Read these details carefully and get in touch with a reputable lawyer who can assist you in reaching your goals.
