What to Do in a Slip and Fall Accident

Many people are surprised to discover that they’re unsure how to proceed following an unexpected slip and fall accident. If you’ve sustained serious injuries due to a slip and fall, you may be in pain or shock from the event. Knowing how to manage the aftermath of your accident is essential, even as you’re battling pain and injuries.

Slip and fall accidents can happen to anyone, regardless of health or ability. While people often imagine slips and falls occurring at the grocery store, they can take place in many different locations, including the workplace, bars, friends’ and relatives’ homes, hospitals, and sports stadiums.

If you’ve suffered injuries from a slip and fall accident, you need assistance to recover compensation for your losses. The experienced attorneys at Morgan & Morgan can help. We’ve assisted thousands of people in gaining compensation after slip and fall accidents. Contact us today to schedule a free case evaluation. 

How Slip and Fall Accidents Happen

Slip and fall accidents arise when there are issues with a property’s common areas or walkways. For instance, unrepaired flooring or clutter may increase the risk of an accidental slip and fall.

Some of the most common causes of slip and fall accidents include:

• Clutter crowding pathways or rooms
• Unrepaired flooring, staircase, or sidewalks
• Poorly maintained landscaping
• Holes or depressions in a walkway
• Spilled beverages, foods, and other liquids
• Ice, snow, or rain puddles
• Water leaks
• Unlit paths or sidewalks
• Loose guardrails
• Loose or torn carpeting

In most cases, the premises owner assumes liability for slip and fall accidents on their property. Under most state laws, property owners are obligated to keep their premises safe for visitors and employees. They must therefore warn others of any potential hazards they’re aware of.

A verbal warning, visual signage, or roped-off area is usually sufficient for notifying others of slip and fall hazards.

What to Do in a Slip and Fall Accident

If you’ve recently been injured in a slip and fall, you likely found yourself searching, “What to do in a slip and fall accident?” not long after. Fortunately, we can provide the answer you’re looking for.

You’ll want to take specific steps following a slip and fall accident to protect your rights and ensure others don’t injure themselves as you did. 

If you’re fully conscious and able to stand following the accident, take pictures of your surroundings, making sure to document the conditions that led to your fall, like liquids or problems with the flooring. Photographs can provide evidence of the cause of your accident, which will be helpful later on if you decide to file a legal claim.

Next, ask any witnesses for their contact information, especially if you’re in a public space like a shopping center or parking lot. Witnesses can explain what they saw and lend further credence to your claims. 

From there, you’ll need to notify the property owner or manager of your accident. Depending on where it occurred, they may ask you to complete an incident report.

Be careful of what you include in this report. Don’t admit any responsibility for the accident — simply identify the obstacle or condition that caused your fall and provide your contact information.

The property manager should immediately block off the area from other visitors who may be at risk of experiencing similar accidents. 

Next, you should seek medical treatment at a local hospital or clinic. The physician will examine you to determine the extent of your injuries. Make sure you follow their recommendations, including visiting specialists for follow-up treatment. Ask for a copy of your medical records and treatment plan before leaving the hospital.

Take your time recovering. Severe injuries like broken bones, muscle sprains, and concussions may require you to take time away from work and other responsibilities. Remember that your health comes first. As you recuperate, monitor yourself for developing symptoms that may need treatment.

Lastly, you should seek legal advice following a slip and fall accident, even if you’re unsure whether you’ll file a lawsuit. An attorney can advise you of the various options available to recover compensation for your losses. 

Determining Responsibility in a Slip and Fall Case

People injured in slip and fall accidents often assume they’re responsible for their injuries. Too many victims believe they wouldn’t have been hurt if they’d paid closer attention to their surroundings.

However, in most cases, the liability for a slip and fall accident falls to the premises owner, who’s expected to know whether their property is safe for visitors and employees. 

Consider the owner of a four-bedroom house. They’ll typically walk through each room and hallway at least once daily as they look after their family and see to their domestic duties. They’re therefore likely to know of any hazards in the house, like toys on the floor in children’s rooms or rotten wood on a deck.

In contrast, someone who never visits the home isn’t likely to suspect such hazards.

By virtue of owning the property, the premises owner should be familiar with its risks and take action to repair problems quickly rather than allowing them to remain or worsen. If the repairs take time to complete, they must take specific action to protect visitors in the meantime, like giving verbal warnings or roping off the impacted areas.

Most of the time, premises owners are liable for slip and fall accidents on their properties unless they can prove the visitor contributed to the accident. 

One notable exception involves trespassing. In most states, the property owner is unlikely to be held liable for injuries a burglar incurs while attempting to rob a home or business.

How a Slip and Fall Attorney Can Help

If you’ve suffered severe injuries in a slip and fall accident, you’ll need assistance from a lawyer with experience in personal injury law. 

When you schedule a consultation with a Morgan and Morgan attorney, they’ll listen to your side of the story and provide you with various legal options. They’ll also prepare the necessary documents if you decide to open a lawsuit.

Attorneys typically begin by establishing the facts of the claim. They’ll locate evidence, speak with witnesses, and determine the various parties involved in the accident. 

Once they’ve established the facts of the accident, they’ll review the appropriate laws and determine who is liable for your injuries. They’ll then file the proper documentation to start your lawsuit in the appropriate court and represent you during the legal process.

Slip and fall accident attorneys handle all communication with outside parties, including the defendant and their insurance company. You won’t need to worry about providing information that may adversely impact your claim. You can simply focus on your recovery and let your lawyer handle the heavy legal lifting.

Should I Give Any Information to Insurance Providers Following a Slip and Fall Accident?

Avoid making any statements to the defendant’s insurance provider following your accident, especially if they ask you to make a recorded statement or fill out paperwork.

When you’re wondering what to do in a slip and fall accident, it’s best to ask your attorney to handle all of the necessary communication instead of attempting to deal with the insurance companies yourself. That way, you can protect your interests and avoid saying something that could harm your chances of receiving compensation.

If an insurance provider reaches out to you, tell them you have representation and refer them to your attorney.

What Types of Damages Can I Win in a Slip and Fall Claim?

You can recover damages for your losses in connection with the accident, including medical expenses and lost wages. Depending on the severity of your injuries, you may also receive damages for loss of quality of life, emotional distress, or the injury itself.

An attorney can help you determine the value of your case and the potential damages you may be eligible for. Make sure you keep careful records of all expenses related to the accident, including medical bills and pay statements.

How Long Will It Take to Resolve a Slip and Fall Case?

The length of time it takes to resolve your claim depends on your case’s complexity and the strength of your claim. If other parties aren’t willing to admit fault for the accident, it may take longer to arrive at a conclusion.

In most cases, slip and fall accidents are resolved through negotiation and settlement. Your attorney will attempt to reach an agreement with the defendant’s legal team. The defendant’s insurance company will also play a role in the case settlement since they’ll be financially responsible for paying for your damages.

If your attorney can negotiate a fair settlement, the claim may be resolved in less than a year. Sometimes, however, attorneys can’t resolve the case through negotiation.

If negotiation fails, your lawsuit will go to court. Claims that go to court often last much longer, as both parties must gather witnesses and plan a case strategy. If your case goes to trial, it may take several years to resolve.

Should I Accept a Settlement Offer From an Insurance Company?

While you’re figuring out what to do in a slip and fall accident, don’t accept a settlement offer from an insurance company until you review it with your lawyer.

Insurance companies often try to avoid paying what they owe injury victims by offering them subpar settlements. They believe that if you see the amount of money they’re offering, you’ll accept it, and they’ll avoid further liability.

However, it’s essential to realize that insurance companies don’t care about what’s good for you—they’re simply looking to limit their own financial exposure. They know that your lawyer will understand how much your case is worth, which is likely much more than they’re offering.

Your attorney can help you determine whether a particular settlement offer is fair or whether you should push for greater compensation.

Can I Be Responsible for My Injuries in a Slip and Fall Case?

In some circumstances, accident victims may be responsible for their injuries in a slip and fall case. However, the defendant must prove that you somehow contributed to the accident.

All states have different laws concerning fault in slip and fall accidents. Your attorney can advise you on whether your actions led to your fall and whether you can pursue a lawsuit for compensation.

Unsure What to Do in a Slip and Fall Accident? Contact Morgan & Morgan

Morgan and Morgan is the largest personal injury law firm in the U.S. We handle all types of personal injury cases, including slip and fall accidents. We’ll treat your claim with the care, attention, and expediency it deserves.

Fill out our brief online contact form today to schedule a free consultation and case review.