Tim Paoli 
Immediately after a slip and fall incident, prioritize your safety and seek medical attention in a timely manner. It is also essential to secure and document the scene to build the backbone of your future claim. The same goes for reporting the accident to the property owner. As you create a valid paper trail after such an accident, it is advised to consult an experienced attorney to protect your legal rights and seek the compensation you deserve.
You never know when a single misstep on a slippery or uneven surface can flip your world upside down in an instant. However, if you know the exact steps to take after the accident, you can build a strong legal case and improve your chances of fair compensation. In that case, you can solidify your case and receive fair compensation for the pain and suffering and other losses they’ve sustained.
Safety Comes First
In the first moments after a slip and fall accident, there’s no time to ponder upcoming paperwork or liability. Your health is always the top priority. That is why you should take a deep breath and take a quick mental scan of your body. Can you move? If so, slowly move away from the wet or slippery surface, broken stairs, glass, or any scattered debris that you can come into contact with and worsen your condition.
It may hit you as a surprise, but the first few moments after the slip and fall incident are as important as the cause of the accident or the property owner’s negligence. Listen to your body — are you in pain, bleeding, or dizzy? Keep in mind that some injuries may not be immediately apparent, and only a medical professional can spot the warning signs. Don’t try to simply walk it off because the consequences may cost you dearly, both legally and medically.
Protect Your Rights and Report the Incident
It does not matter where the slip and fall accident happened. An incident report is a must. Informing the corresponding authorities labels your accident report as official and worthy of investigation, as well as a fair settlement. Don’t be embarrassed and falsely assume that it’s your fault you fell.
There are several potential parties to report the accident to, depending on your location. For instance:
- Police: If you are in a public area, the best course of action is to call 911. While they send a medical dispatch, the police will arrive, too. As the former tends to your injuries, the latter will document the scene. You should ask for a copy of the police report to streamline the legal process later.
- Property owner: In case you fall on a store, restaurant, apartment complex, or any other private property, you should notify the manager or the property owner.
- Employer: Work accidents aren’t rare. If you fall at work, the employer should be the first go-to party.
- City or governmental agency: Those who slip and fall on ice on a public sidewalk, in a park, or in any other public area may also notify the local authorities about the incident.
Seek Medical Treatment
A one-time ER checkup isn’t enough if you’re determined to hold the responsible party accountable. Besides, some injuries like concussions, internal organ damage, and other head trauma may show up hours, if not days later. That is why, if your doctor schedules a follow-up appointment or suggests a test or scan, you should follow the given advice.
Doctors are on your team. Every prescription, physical therapy session, or X-ray matters. They solidify the extent of your injuries and reflect the severity of your condition, which is directly connected to your medical expenses.
If you ignore the doctor’s advice, you will compromise more than your recovery. You can destroy the case. Insurance companies love to minimize payouts, and if you downplay your injuries, you’ll be at a disadvantage.
Document Evidence Before It Disappears
Slip and fall accidents are peculiar in their fleeting nature. The truth is that necessary evidence can fade in a matter of hours. All because wet floors dry, security footage gets overwritten, and missing signs find their place. Therefore, if your condition allows, you should investigate and document the scene in as much detail as possible.
Consider collecting the following pieces of evidence:
- Photos of the scene: Take a picture of the location from every side and angle. Zoom in on wet or uneven surfaces, obstacles, and obstructions. Capture the lighting and weather conditions.
- Photos of your injuries: Even a single scrape deserves a separate shot. Take pictures of cuts, bruises, swellings, and wounds.
- Clothes and shoes: Who could have thought that the items you were wearing would serve as palpable proof in a slip and fall accident case? But, it is true. Don’t wash or throw away your clothes and shoes. They will support your claim through visible signs of impact caused by the fall.
Talk Less to Protect Your Case
It isn’t easy to remain calm after a slip and fall accident occurs. Avoid discussing the accident in detail, especially with insurance adjusters. Their goal is often to reduce or deny your claim. Let your attorney handle all communication. Discussing the specifics of the case can compromise the outcome of your settlement claim, mainly when corresponding with the property owner’s insurance company representative.
Very often, the insurance agents reach out to accident victims to convince them to accept a lowball offer or to push them into admitting fault and absolving the property owner of their liability.
That is why you should always consult a field-savvy lawyer before you give out any statements. It would be even better if you let the legal representative handle the communication on your behalf.
Call in the Legal Help
Working with a committed Boston slip and fall lawyer can be the lifeline you need. Navigating a personal injury claim alone can be overwhelming. A skilled attorney understands local law, deadlines, and how to counter insurance tactics, increasing your chances of full recovery.
At the same time, a field-tested legal advisor knows all the ins and outs of the local personal injury law system. They are aware of the existing insurance company tactics, traps, and deadlines. Besides, many trusted law firms like Michaels Kelly Injury Lawyers work on a contingency basis so that you don’t have to pay anything before the case is won.
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Gather Evidence for an Ironclad Claim
Every bit of information that you uncover is like a piece of a puzzle that will transform into a complete picture when every element is in place. The more proof you get, the harder it will be for the insurance company to reject the settlement you seek.
Here’s a simple checklist for the evidence to retrieve and add to the case:
On top of the pictures that you’ve taken at the scene, you may want to ask for footage from the security cameras, if there are any in the vicinity. Everything on the scale, from precise medical bills to prognosis and expert opinions, matters in a slip-and-fall accident case. If there’s anyone who saw you slip and fall, approach them and ask for a recorded statement. Ask for their names and contact details in case you’ll need them to testify in your favor later. After you report a slip and fall accident, you should ask the police, property owner, landlord, or manager to give you a copy of it. Inquire about whether the hazard was reported before. Keep a detailed journal of how you feel after the accident and how the slip and fall incident affected the quality of your life.
Make the First Move in the Insurance Game
It takes more than just paperwork to file a personal injury claim programmed for success. The approach must be well thought out, organized, and strategic. Usually, the claim is aimed at the insurance company of the property owner where the slip and fall accident took place.
Here’s a list of steps to take to dictate your terms and recover what you deserve:
- Notify the insurer: It is important to let the insurance company know about what happened and that you are about to file a claim. However, it is imperative to do just that. Don’t share any information or recorded statements unless your legal advisor instructs you to.
- Provide evidence: As you submit the claim, you have to make sure that you provide accurate and complete information. Attach any proof and documentation you have. No detail is too small.
- Negotiate a fair settlement: After the insurance provider receives your request, they will investigate the reported slip and fall accident and either ask for more information or suggest a compensation offer. Discuss the offer with your attorney before you accept it.
Denied Claim Is Not the Answer
It is sometimes the case that insurance companies reject slip and fall accident claims or fail to offer a satisfactory resolution of the case. If the insurance company denies your claim or offers inadequate compensation, you may choose to file a lawsuit. An experienced attorney can help escalate the case efficiently and often negotiate a better offer before trial.
Filing a lawsuit can be tricky and intimidating. However, as long as you have a reliable lawyer by your side, there’s nothing to worry about. Keep in mind that most insurers strive to avoid lawsuits due to the additional costs associated with them. So, your claim may still be resolved outside the courtroom shortly after you inform the involved parties about the seriousness of your intentions.
FAQ
What’s the Very First Thing to Do After a Slip and Fall Accident?
You should inspect yourself for serious injuries and get to safety or call for help immediately after the slip and fall accident.
Do I Need an Attorney for a Slip and Fall Claim?
Although professional legal assistance isn’t mandatory, it is advisable to work with a trained attorney to ensure the most plausible outcome of your claim.
What Evidence Should I Collect to Prove the Other Party’s Fault?
You should take clear photos of the accident scene and your injuries. Provide medical records and other official reports that support your claim. Surveillance footage and maintenance logs can also serve in your favor.
