Winning a Slip-and-Fall Claim: 3 Essential Tips to Consider

Anyone can tell you that accidents can happen. You can slip and fall while walking, and you can stand back up again without much of a gash on your body. However, some slip and fall accidents could inflict severe injuries that require intensive care and a lengthy recovery time. Elderly people and other vulnerable individuals are prone to fractures that result from slipping, which, in most cases, can be prevented.

If you’ve had a bad slip and fall experience, you should know that someone can be held liable for your injury. It’s possible that the floor you walked on wasn’t properly maintained by the property owner who has control over it, or that you weren’t notified about slippery areas at a supermarket. 

You have the right to pursue fair compensation in the aftermath of a slip and fall accident. You just have to ensure that all the necessary elements are in place so that you can recover an amount that’s more than enough to cover your hospital bills and help you move forward.

1. Understand Where Liability Rests

From the very beginning, you need to establish who is at fault. However, slip and fall cases are often tricky when it comes to proving liability. You could be responsible for your own injuries because you may have ignored “Wet Floor” signs, worn ill-fitting shoes, or acted recklessly in a way that contributed to your fall. Following the principle of comparative negligence, you could reduce your compensation amount when you’re partly at fault for your injuries. Sure enough, you may not have a reasonable premise to hold anyone liable if you made careless decisions.

On the other hand, you have a good chance of recovering a large compensation amount if it’s clear that the property owner’s action (or inaction) increased the risk of slipping and falling at their establishment. This is often the case for property owners who acknowledge the risk that wet floors pose and fail to provide warnings. 

In establishing liability, property owners should be aware of the hazards but choose to ignore them. Factors such as poor lighting and debris that haven’t been cleaned are forgivable if the property owner was too late to notice them. If these remain for too long and the property owner has enough time to address them, then they are liable for breaching their duty of care towards employees and patrons and are liable for injuries and damages.  

2. Document the Scene and Gather Facts

When you’re injured in a slip and fall accident in which you’re certain that the property owner is liable, you need to document the scene right away. It’s never a good idea to delay because the longer you sit on your complaint, the more complicated it gets to prove the property owner’s negligence and recover the compensation amount you’re entitled to.

You will need to inform the property owner or an assigned custodian about what happened to you. What’s more, agree to have yourself checked even if you think you’re okay. Keep in mind that some injuries from slip and fall accidents may take a long time to manifest, so seek medical attention immediately. You will need the results of your checkup to strengthen your claim.

It’s also important to provide visual and verbal evidence of what happened. Take quality photos of the area where you fell, making sure that spills and other debris are included in the frame. Have witnesses share their recollection of the accident. 

Be sure to write down their names and contact details, as you will need to reach out to them to help with your claim. Aside from that, gather statements and receipts of your medical expenses and the financial hardship you had to endure, especially if the accident caused you to miss out on work or, worse, left you disabled.

3. Get a Slip and Fall Lawyer

Facts alone aren’t enough to help your slip and fall claim prosper. No matter how confident you are with the evidence you’ve gathered, expect the other side to put up a formidable defense and deflect liability. Added to this is the range of steps you have to go through to formalize your complaint. You can’t do this on your own, so it pays to have a good lawyer by your side to advocate for your needs and ensure that you move on from the accident physically and financially secure.  

A personal injury lawyer with years of experience handling slip and fall cases will not only simplify the process of filing your claim. They can also use the facts you’ve gathered to justify a higher compensation amount and represent you during settlement negotiations, all while putting your best interests in mind. Their guidance can also help you avoid doing anything that would jeopardize your claim.

Endnote

Many people would look at slip and fall accidents as though they aren’t as serious as getting involved in a car accident. However, when you’ve slipped a disc or suffered a concussion, you will have to fight for your right to recover.