10 Steps To Win A Slip And Fall Claim.
Slip and fall cases are one of the most common personal injury claims. Whenever you suffer a fall on someone else’s property due to the property owner’s negligence, you have a premises liability case. Premises liability law holds a negligent property owner responsible if you were recently injured in a slip and fall accident. However, understanding the steps to prove your claim is essential. This article will explain each step to take after a fall accident.
The 10 steps below are important to consider following a slip and fall accident. Although, it is important to note that each case is unique and requires a different approach, using a combination of these steps throughout the process.
If you have fallen in a public or private place because of some dangerous condition on the property, you can seek compensation by filing a claim for your injuries. Following these steps will ensure your claim is successful in getting you the reimbursement you deserve.
1. Identify All Parties That May Have Caused the Accident, Including The Property Owner.
When trying to prove a premises liability claim, it is important to identify all potentially liable parties. This includes property owners, managers, and employees. If you can identify who caused your accident, you are closer to getting compensation. This is why it is also important to file an incident report after any fall injury. First, attempt to file a report at the scene of the fall with whoever is in charge. If you cannot locate anyone in charge, call the police and make an incident report. This is because a report will initiate an investigation into what happened, which will help identify potentially liable parties.
The identity of the property owner or their tenants is especially important in slip and fall claims. Property owners are usually more likely to have insurance, while tenants may not. This means you might have a harder time getting compensation from a tenant, but the property owner is more likely to pay. Regardless, you need to know who these players are, so claims can be filed against them.
2. Collect Evidence to Prove Causation.
For evidence, you will need the assistance of a personal injury lawyer. The first step is to ensure you are protecting your rights by not speaking with anyone about your scenario without legal representation. Once you have an attorney representing you, they can gather evidence for the case. This typically begins by inspecting the scene of the accident and taking pictures. The next step is to gather witness statements. Witnesses can be crucial in proving causation in a slip and fall case.
It is also important to preserve any physical evidence at the scene of the accident. This includes, but is not limited to, damaged property, liquids or food on the ground, or any belongings that may have fallen with you.
3. Prepare Your Claim for Settlement.
Following your accident, it is advisable to keep evidence of all expenses related to the incident in a safe location. This includes medical bills, lost wages, or property damage related to the fall. You will need this information when negotiating your claim settlement, because it will help prove your case and show the expenses you incurred because of the fall.
If you have legal representation, they will negotiate a settlement on your behalf. If not, use any evidence you have to negotiate for yourself. Be sure to do so in writing, either through an email or letter. This ensures proof of your claim and sends a strong message to the other party about your professionalism.
This also includes keeping accurate records of your injuries and the medical treatment you receive, including documentation of any physical therapy or doctor’s appointments. This will help prove that you sustained an injury in the fall and made efforts to get better over time.
4. Decide Whether You Want to Settle or Take Your Claim to Trial.
When negotiating your claim settlement, be aware that it is entirely up to you whether you want to settle with the property owner immediately or go through with a full trial. While settlements are typically less expensive than taking your case all the way through trial, there are other factors involved in deciding if settling immediately is best for your situation. If you decide to settle, make sure an attorney reviews the settlement agreement before signing.
Your personal injury lawyer can advise you on the best course of action and help you through the entire process.
5. Gather Documentation for Your Fall Lawyer.
As mentioned before, it is important to keep accurate records of your injuries and medical treatment received. This documentation will help build your case and prove that you suffered an injury due to the fall. In addition, be sure to track any lost wages due to time missed from work.
If you have suffered a serious injury, it is also important to track your rehabilitation progress. This can be done by keeping a journal or video diary of your progress.
Your fall lawyer will also want to see any pictures or videos of the scene of the accident, as well as any physical evidence you collected.
6. Review the Proximate Cause of Your Fall.
In slip and fall cases, it is important to identify the proximate cause of the fall. This is the specific reason why you fell, and can be a crucial part of proving your case. Proximate cause is a legal concept and may seem confusing, but it primarily deals with whether the accident was foreseeable. Many factors could contribute to a premises liability accident, such as liquids on the ground, uneven surfaces, or poor lighting.
Your personal injury lawyer can help you identify the proximate cause of your fall and build a strong case for compensation.
7. Document Your Injuries After the Slip and Fall.
In slip and fall cases, it is important to document your injuries as they occur. This can help you prove that you sustained an injury due to the slip and fall accident, as well as track your rehabilitation progress.
You can do this by keeping a journal or taking video footage of any physical limitations or feelings of pain related to the slip and fall incident. You may also want to take pictures or make videos documenting swelling or bruising present on your body. These images will help prove your slip and fall claim in court.
8. Keep Track of All Medical Bills Related to the Fall Injury.
It’s wise to keep track of all medical bills related to the premises liability accident, including both the cost of the emergency treatment you received at the time of the slip and fall, as well as any additional medical care related to your slip and fall injury.
This will help ensure your slip and fall claim is compensated fairly, because without proof of these expenses, it may be easy for the other party in the slip and fall case to dispute your claim. Your medical bills, combined with pictures or videos of bruising or swelling due to slip and fall injuries, can prove how severe your injuries were in a slip-and-fall incident.
9. Determine the Degree of Fault of All Parties Involved in the Accident.
Determining fault is an important part of slip and fall cases, so it’s vital to consider who may be at fault for your slip and fall accident. It’s up to you to identify if any other parties could share responsibility for your slip and fall injury, and if so, document any evidence to prove they were also at fault.
To do this, you must first determine the degree of fault for slip and fall injuries; specifically, were you partially responsible for your slip and fall accident? If so, who was mostly responsible? Was it the property owner where the slip and fall occurred, a contractor who created an unsafe environment, or was it you for not taking proper precautions?
Once you have determined the degree of fault for all parties involved in your premises liability accident, your personal injury lawyer can build a stronger case for compensation.
10. File a Slip and Fall Accident Lawsuit If Necessary.
If the other party in your slip and fall case is not willing to negotiate a fair settlement, your personal injury lawyer may advise you to file a lawsuit.
This step should only be taken as a last resort, after all other attempts to settle have failed. A lawsuit can be costly and time-consuming, so it’s important to weigh the pros and cons before pursuing slip and fall compensation this way.
If you decide to file a slip and fall lawsuit, it’s important to consider the statute of limitations in your state and be aware of how filing fees and court costs can add up. After settling on a slip-and-fall case, you may also want to request a payment plan to help pay for your legal fees.
Fall Accidents Can Cause Serious Injury.
Fall accident victims can suffer many serious injuries. Some injuries from premises liability accidents can be life-threatening.
If you were injured in a slip and fall accident, it’s important to first receive medical treatment for any physical damage that occurred. Afterward, it may be advisable to contact an attorney who handles personal injury cases on your behalf. A personal injury lawyer will help you determine if you have a legitimate claim for slip and fall compensation.
The type of injuries common to fall accidents include:
- Traumatic brain injury (TBI)
- Spinal cord injury
- Broken bones
- Neck and back injuries
- Internal organ damage
- Lacerations and contusions
This list is incomplete, as other injuries could result after a premises liability accident. Whatever injury you suffer, make sure to obtain your medical records so you can use them to support your case. An attorney at our law firm knows how to deal with slip and fall accidents, and will have the experience to understand how these types of injuries occur. Contact us today to speak with a fall attorney.
How Do I Find a Slip and Fall Lawyer Near Me?
Slip and fall accidents are common, but slip-and-fall claims are rarely straightforward. When it comes to slip and fall accidents, proving negligence can be difficult. If you’ve been injured in a slip and fall accident, it’s important to be aware of the above steps that will help you build a strong case and increase your chances of receiving fair compensation.
Property owners have a legal responsibility to maintain safe premises for their patrons. Slip and fall cases can be complicated because they need to be proven by the slip-and-fall victim. It is important that you consult with an experienced slip and fall lawyer to get the best chance of winning your case and receiving fair compensation.
If you’ve been injured in a slip and fall accident, don’t hesitate to contact a fall attorney at our law firm. JSM Injury Firm APC is a personal injury law firm with experience in slip and fall claims. With a team of dedicated medical experts and other professionals, we’re committed to helping you get the compensation you deserve for your slip and fall injuries.
You can contact us anytime by clicking here to fill out our free consultation form, or calling (949) 997-1800. We’re here to help you get the justice you deserve.