Experiencing a slip and fall accident is a big deal. Even the most minor falls can result in serious injuries, even if you donât recognize it at the time.
Falls account for 8 million hospital emergency room visits per year. If you or a loved one has been part of this statistic, or if you want to learn to prepare for a potential fall in the future, you need to know how to handle a slip and fall accident now.
But whatâs the process for managing a slip and fall accident and getting the compensation that you deserve? We want to guide you through the steps. Keep reading to learn the step-by-step guide on what to do after youâve experienced a serious fall.
Get Medical Care First
Before you start handling the legal matters itâs important that you get yourself checked out and cared for.
When you first fall, it may feel like nothing is wrong. Maybe you have a bruise or two, or maybe it doesnât feel like youâre injured at all.
Unfortunately, some injuries donât make themselves obvious until later on. If you donât seek medical attention as early as possible you might end up noticing the injuries after youâve missed the chance to pursue the business for damages.
Doing this doesnât just protect your health. This is also the first step in building your case against the business in question. Having doctorâs notes, medical records, and a clear write-up of any injuries that youâve sustained is important. These things can be used to solidify your case against the business.
This kind of documentation is used to pursue damages. Your hospital visit will be expensive, so getting paid for the injury is essential.
File an Accident Report
The next step is filing an accident report. Accident reports document the fall. They give a clear timestamp of what has happened and who was there at the time, as well as any initial steps that the business has made to rectify the situation.
This process should include only the amount of communication that is necessary for the case. You donât want to be caught saying anything that can be used against you, and you donât want to be talked out of leaving this situation off the record.
Document any exchange of information on paper and communicate via email so thereâs a paper trail that canât be denied later.
Gather (and Keep) Evidence
Itâs important to gather evidence that can support your case. If you visit the emergency room right after the event, get someone who was with you to document everything.
Evidence can include photographs taken at the scene that relate to your fall. Was there a wet floor with no sign present? Was the floor covered in debris creating an unsafe environment? Were there chips on the floor, or was it uneven?
You want to identify any potential workplace safety hazards that will make the business liable for your injury.
If there were witnesses to the fall, talk to them and document what they saw. While witness testimony isnât always reliable, it adds another level to your case.
Many businesses have video cameras on the premises in order to protect themselves from theft or damage. Ask the business owner for access to these videos so you can use them as documentation. If they donât comply, talk to your lawyer so you can get them after the fact.
Many businesses will try to get rid of evidence if they know that theyâre in the wrong.
Stay Quiet Online
Itâs tempting to go online to complain about a business. Weâve all learned that the âsqueaky wheel gets the grease,â so to speak, and this often results in getting loud online or in business reviews.
Stay off of social media and donât talk about the incident anywhere that the lawyers of the other party can access. Anything that you say can be used against you, even if itâs a statement that seems benign.
Consult With a Personal Injury Attorney
You can choose to consult with a personal injury lawyer before you start taking these steps, but you can also do it as a final step so the case can move forward after youâve seen a doctor and documented everything.
Hiring an attorney stops you from having to defend yourself in court. Defending yourself isnât likely to be successful, especially if the other party has a lawyer (and most businesses will invest in a lawyer for exactly this kind of situation).
When you first consult with your attorney, theyâll tell you whether or not they think that you have a viable case. Not all injuries can be legally put on the business, and your lawyer doesnât want to waste your time or theirs with a case that has no chance of moving forward.
Your personal injury attorney will advocate for you while you navigate the difficult and often stressful legal process, as well as help you fight any problems with insurance.
Theyâll take over any and all communication with the other party, including their attorneys and insurance companies that cover them.
In other words, having a good personal injury lawyer on your side makes everything a lot easier.
Have You Experienced a Slip and Fall Accident?
Experiencing a slip and fall accident is stressful, and you donât need the added stress of trying to work through a complicated legal situation on your own. An experienced personal injury attorney can guide you through the entire process to ensure that you get compensation.
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