I had a friend who once had a slip-and-fall accident while trying to run towards the lift. All of us thought that she would get the compensation that she deserved, but she didn’t. And that’s when I learnt about the mistakes to avoid after a slip-and-fall accident!
A slip-and-fall injury can happen in the blink of an eye, often when we least expect it. And these can be because of several reasons. Some of the most common of these are:
- Wet floor.
- Poorly lit staircase.
- Uneven pavement.
Irrespective of the reason, these accidents can result in serious injuries that may disrupt your life for weeks, months, or even years.
Unfortunately, many people make avoidable mistakes in the immediate aftermath of a slip-and-fall.
These mistakes can make it harder to recover physically, emotionally, and financially. Just in case you or someone you care for has a slip and fall accident, it is extremely important that you are able to act wisely from the very beginning!
In this article, I will talk about the five common mistakes to avoid after a slip-and-fall injury, so you can protect your rights and give yourself the best chance at recovery.
What are the Common Mistakes To Avoid After A Slip-And-Fall Accident?
You must have seen that there are people who fail to receive compensation after suffering an accident. Well, did you know that most of the time, it is because of the fact that they have made certain mistakes in their filing process?
Yes, you read that right! Therefore, if you have gotten yourself into a slip-and-fall accident recently, it is best that you avoid making these mistakes. But what are they?
If that is what you want to know, then you have come to the best place! Therefore, here are the mistakes to avoid after a slip-and-fall accident:
1. Failing to Seek Immediate Medical Attention
One of the worst slip and fall mistakes is when people think that they are okay and thus do not need to see a doctor.
If you are not in immediate danger, then for the symptoms of your concussion, sprain or even fracture to become visible may take a couple of hours or even days.
The primary benefit of visiting a professional immediately is that you guarantee your health, and you also simultaneously provide evidence of your injury.
In the case of a claim later, this documentation is the main proof of your injury. This is because the other party can argue that your injury was one of the usual ones or that it happened before and was not caused by the accident.
2. Not Reporting the Accident
Another mistake often made is when a person does not report the fall at the place where it happened.
It does not matter whether it happened in a store, an apartment building, or they were a guest at another person’s place.
The most important fact is that they need to tell the property owner, the manager, or the person in charge of something. The report can be done in the paper format or in an electronic one.
Furthermore, the victim can be helped by either the owner himself/herself or the manager, in delivering their part of the story in the clearest way.
This written statement will be a document that the fall did take place, and it will have the details such as:
- Time.
- Location.
- Victim’s first observations.
The incident not being reported immediately may make the situation even worse and your claim won’t be strong enough.
3. Neglecting to Document the Scene
When a fall happens, you might feel embarrassed or eager to get out of sight, but this is a critical time to gather evidence.
And what are some of the things that you need to do? Well, it is best if you try to take photos and videos of the scene after the accident, if you are physically able to!
Capture things like:
- The hazard that caused your fall (wet floor, ice, debris, etc.)
- Lack of warning signs
- Lighting conditions
- Your injuries (bruises, scrapes, swelling)
Also, try to get contact information from any witnesses who saw what happened. Their testimony can be extremely valuable later if the property owner disputes your claim.
4. Talking Too Much (Especially to the Wrong People)
When you fall, it is natural to feel the urge to explain yourself, particularly when you are disoriented or embarrassed.
However, words should be chosen carefully. Do not say sorry, do not guess the cause of the fall, or in any way express your guilt.
Something that you may find as innocent as “I’m fine” or “It was probably my fault” can be turned against you in the future. Insurance adjusters and opposing attorneys are specifically trained to use your words to dilute your case.
Moreover, on the internet, ensure that you are not overexposed. You should not publicize anything related to your fall, your injuries, or any activities that might be misconstrued to argue that your injury is not serious.
5. Delaying Legal Advice
Finally, and most of all, people do not realize that a fall can ultimately lead to a valid personal injury claim.
Some are uncertain about the availability of a lawyer or feel afraid of the legal process. Others think that the insurance company will act in a fair way.
Really, slip-and-fall cases are not that simple. The party at fault is not always immediately clear, and property owners can just refuse at all costs to admit it.
Insurance companies are totally all about the biggest profit and winning. They will not bother to ensure that they make you get the right compensation.
This is where having a talk with a personal injury lawyer who is very good at what he does as early as possible matters the most.
He/she can ascertain your rights, help you with collecting the right evidence, be the go-between in your dealings with an insurance company, and file a claim that is within the time allowed by law in your state.
Do not postpone until your chances are destroyed, secure legal support as soon as possible which could become the most crucial factor in recovering your compensation.
Common Questions People Often Ask About Slip and Fall Accidents
There are several things that people often want to know about their legal steps after they encounter a slip and fall accident. Some of these are as follows:
1. How Do I Know If I Have A Valid Slip-And-Fall Case?
A case is considered valid if you are able to prove that the owner of the property was negligent.
This implies that they could have known or should have known about the hazard, and still, they didn’t take the necessary steps to eliminate the danger.
The lawyer can decide whether you have a case based on the circumstances.
2. What Kind Of Compensation Can I Receive?
The payment is for any of the following options: medical bills, lost wages, pain and suffering, and rehabilitation expenses.
And, if necessary, potential future medical payments and income reduction.
3. How Long Do I Have To File A Claim?
The statutory period, known as the statute of limitations, differs from state to state. In most situations, you have two years from the date of the event to it, but this is flexible.
It is recommended to be sure of the time by consulting a lawyer or reading about local laws immediately.
4. What If The Fall Happened At A Friend’s House?
It certainly is possible to do. Usually, this process will involve your friend’s homeowner’s insurance and not your friend directly.
The event is generally not disruptive. And that is why you can still receive assistance with your medical and financial needs.
5. Can I Still File A Claim If I Was Partly At Fault?
Yes, in most states, there are comparative negligence laws that allow the maintenance of a compensation claim even if the plaintiff was negligent.
However, you should keep in mind that the plaintiff’s percentage of fault will reduce the award amount received.
Your Legal Guide: Increase Your Compensation After A Slip-and-Fall Accident
Slip-and-fall accidents are not only minor incidents—these accidents can result in very severe injuries, which may completely alter one’s life.
If you follow a few simple steps after an accident, it can greatly increase your recovery and fair compensation chances.
Your health is the most important thing. Therefore, it is very important that you consult a doctor to receive medical care immediately.
Later, confirm the incident, make documentation of the place where the accident happened, and be sure your words are correct and careful.
And finally, very important, don’t hesitate to take the advice from a lawyer. If you have been in a slip-and-fall accident, it is best to get a lawyer!
Find quality assistance promptly to increase your chances of a complete recovery—both mentally and physically —and, no less importantly, financially.
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