4 Ideas for Filing a Lawsuit After a Slip and Fall Accident

According to the NFSI, 8 million people visit hospital emergency rooms each year after falling. Also, slips and falls account for 12% of all falls and one million ER visits.

Slip and fall accidents can occur to anybody and in any place. If you get injured in a slip and fall accident, you may wonder if you can file a lawsuit. The answer depends on many factors. They include the severity of your injuries, the negligence of the property owner, and your slip and fall lawyers.

So to learn more about filing a lawsuit after a slip and fall accident, keep reading to see how you can ace your case.

What Is a Slip and Fall Accident?

A slip-and-fall accident occurs when someone trips and hurts themselves while on someone else’s property. This accident is common in commercial areas like grocery stores and retail outlets.

Most slip and fall accidents occur on a property (or “premises”) that someone else owns or maintains. Thus, under the law, you can hold this person accountable.

Many hazardous events can result in a fall and slip injury such as: 

• ripped carpeting 
• changes in flooring
• dim lighting
• narrow stairs
• wet floor

The same is true if someone trips and falls down the stairs. Or even trips and falls on a faulty or damaged public sidewalk.

Also, if a person slips or falls outside due to rain, ice, snow, or a hidden hazard like a pothole in the ground, it may result in a slip-and-fall case. In any case, to recover damages, the plaintiff must have been harmed, even if it is minor.

Tips to File a Lawsuit After a Slip and Fall Accident

One must ensure that their case will be a win when filing for this lawsuit. So here are brilliant ideas to ace your slip and fall lawsuit.

1. Hire Slip and Fall Lawyers

A personal injury accident victim might get help from slip and fall lawyers to pursue what is due them for their damages. But some people think they should only get legal counsel if their case goes to trial; they ask, “do most slip and fall cases settle out of court?”

You might begin the procedure by engaging a slip-and-fall attorney, which often starts with an insurance claim. Thus, you may get compensation for your losses if your injuries resulted from another person’s negligence—for example, a landlord or building management. 

So, a lawyer who specializes in slip and fall lawsuits can handle your slip and fall claims. And if they cannot get good compensation through negotiation, they can pursue it in court.

Also, the slip and fall lawyer will handle every facet of your claim, including:

• Examining the incident
• Getting copies of accident reports, medical records, and other written proof
• Determining all persons at fault for your accident
• Sending notice of a potential claim to insurance companies and parties
• Collecting evidence to support your position on liability and fault
• Preparing slip and fall cases settlement amount to send to other parties
• Finding a fair solution through negotiation

If the other party rejects your claim or does not take responsibility, the attorney will also take it to court.

1. Gather Evidence

Important information that may appear so precisely in your mind after an accident might soon vanish from recollection. This is because you might be in pain from injury or stressed by the incident. 

So, when you seek medical attention and speak with a slip and fall attorney, having a complete record of the event of your accident is essential. This will be quite helpful. You should begin gathering evidence while your recollection of the event is still fresh and the scene of the accident has not been tampered with. 

You should also get your proof while witnesses are still on the scene. You must do so, especially if you do not need immediate medical aid and can walk around where the fall occurred. Take pictures of anything you believe may have added to the slip and fall incident.

This may include:

• Wet surfaces or clothing that would have been wet from falling
• Broken tiles, pavement, etc.
• Exposed cords and wires
• Damaged stairs
• Missing handrails
• Objects and debris on the floor
• Inadequate lighting

Also, the photos as evidence should show the lack of safety precautions that would have prevented the incident. For instance, take pictures of signs of lack of danger alerts and absence of warning signals.  

You should take photos of your bruises, scrapes, and other signs of any injuries you may have incurred from the accident. ​​​​​​​​​​​​​​

More so, it is a good idea to save the evidence; either keep the clothes and shoes you were wearing when you fell as part of the documentation process. Or take a picture of what you were wearing then.  

You might need these in the future as proof that you weren’t wearing anything that caused the mishap (like baggy pants or old, worn-out shoes).

1. Seek Medical Attention and Keep Track of Any Injury

One of the most crucial things you must do after a slip and fall is to document your injuries. If you did not go to the hospital following the fall, you should schedule an appointment with your primary doctor right away. 

Delays in medical care are a common tactic used by defense lawyers and insurance companies. They will claim that the injury was not caused by the fall. Or it wasn’t as severe as the victim alleges.

Keep in mind that you might not realize the full extent of your injuries. Hence, following a fall, specific injuries cannot show signs or symptoms for a few hours or days.

For instance, it could take many hours or the following day before you start to detect the symptoms of any organ damage. But medical personnel know what to look for after a fall and may notice signs of a pertinent condition. Thus, they can call for more diagnostic processes to determine the damage’s extent.

1. Use the Aid of Witnesses

The most crucial thing is to speak with witnesses before they leave. Remember to collect names, contact information, and a statement of what they observed. Their testimony is crucial if you decide to submit a claim or take legal action.

Anyone who saw your accident could be vital to your case if they knew it firsthand. Also, you appear more credible if someone else saw the mishap and can attest to your account of events.

Also, if you slip and fall at work, ask your coworkers to be a witness. It is crucial to note their contact information, so they can testify in support of you in court. 

You might also ask them to describe what they saw in writing. With these witnesses, your attorney will follow up. They will request written statements with specifics from them.

If there were no witnesses to the accident, don’t worry. Although having witnesses is helpful, you will still have a strong case without them.

Conclusion

There are many possible reasons for someone to file a lawsuit after a slip and fall accident. Some of the most common reasons include seeking compensation for medical bills, lost wages, and pain and suffering from injuries incurred.

The process can be overwhelming at times. Hence you may need to learn how to go about it. But with the above information, you can start standing up for your rights. 

In all, if you get injured in a slip and fall accident, it is crucial to speak with a slip and fall lawyer to discuss your legal options and have a good case.