I Had a Slip and Fall Accident—Now What?

Everything to Do After a Slip and Fall Accident

It can happen in an instant, and unfortunately, it can’t be undone. One uneven sidewalk, one thin layer of ice, or one puddle on the floor can change your life forever.

Some slip and fall accidents can cause a sprain or some bruising, while others can result in spinal damage or a traumatic brain injury.

To make matters worse, a majority of these accidents are avoidable, and had the people in charge of the area maintained it properly, those unseen hazards wouldn’t have existed.

In theory, it is simple: if another is responsible for your slip and fall injury, they must make you “whole” again and pay for your damages. However, getting what you deserve can be challenging, especially if you are taking on a mighty grocery or restaurant chain.

Regardless of whether your fall injury occurred in a restaurant, store, government building, or elsewhere, you have rights and could qualify for damages, such as medical expenses, wage loss, and more.

How Slip and Fall Accidents Happen

If you slipped and fell because of someone else’s negligence, you’re not alone. 

Slip and fall accidents are common and typically occur when a property owner doesn't take proper care to ensure that their walkways and floors are clear from potential dangers. For example, they may fail to promptly clean up a spill or leave lots of clutter on the ground.

The most common types of slip and fall accidents involve the following elements:

Liquid or Food Spills

Grocery stores and restaurants are frequently the sites of liquid and food spills. Sometimes, employees don’t act quickly to clean up the area, resulting in slipping hazards.

Spills in grocery stores can occur when people drop goods while shopping or restocking shelves. Customers who drop food sometimes fail to notify employees, and the resulting mess may be left on the floor for some time before someone notices and cleans it up.

Restaurant employees regularly carry food items to and from the kitchen. Servers or other workers may accidentally drop these items, resulting in a slippery spill.

If the eatery’s staff doesn’t deal with the spill in a timely manner, employees or guests may slip over them, potentially resulting in serious injury.

Water Leaks

Buildings sometimes have water leaks in various locations that produce standing pools of liquid. Places with numerous water pipes, like kitchens, bathrooms, and laundry rooms, are prime locations for leaks.

Property owners may be unaware of a leak until someone informs them. During that time, visitors are at increased risk of accidents, especially in high-traffic areas.

Broken Stairs

Premises with wooden stairways sometimes contain broken steps that can contribute to accidents. Poorly maintained outdoor decks are susceptible to damage, as are older indoor staircases.

Property owners must regularly check the stairs on their premises for potential damage. If they discover signs of damage, they should block off the stairway until they can make repairs.

Clutter in Walkways

Clutter in walkways is another common cause of slip and fall accidents. Clutter can pile up anywhere, and when those responsible for the space don’t keep walkways clear, visitors can easily fall and suffer injuries.

For the same reason, construction workers and other laborers must be conscientious about keeping their working spaces free of clutter. Tools, electrical cables, and various other materials can accumulate quickly at worksites, which could cause someone who isn’t paying attention to experience an accident. 

Similarly, supervisors at places where young children regularly play with small toys, like daycare centers and preschools, should carefully monitor walkways for loose items so children, staff, or visitors don’t fall.

Loose Handrails

Handrails are often found along stairwells and other non-level paths. While anyone can use them, older adults and those with disabilities commonly rely on them for extra support when walking.

If a handrail is loose, the person using it can easily trip and suffer an injury. Property owners should check their handrails regularly to ensure they’re secure.

Improper Lighting

Proper lighting is essential in public areas, especially in rooms that don’t have windows and along outdoor paths frequented in the evening. 

Home and business owners must make sure they’re supplying adequate lighting throughout their buildings and outdoor walkways. If visitors can’t see what’s in front of them, they’re more likely to suffer a fall.

Poorly Maintained Landscaping

In some cases, untended landscaping can also result in slip and fall accidents. For instance, neglected paved surfaces littered with wet leaves or grass clipping can easily result in a mishap.

Property owners should monitor sidewalks, driveways, and parking lots for cracks, holes, and uneven paving. Most visitors don’t expect to encounter rough pavement or other structural issues that provide poor footing and may inadvertently trip and fall with the slightest misstep.

Common Injuries in Slip and Fall Accidents

While falls can cause significant injuries in all age groups, older adults tend to face particularly devastating consequences. The Centers for Disease Control and Prevention (CDC) say that older adults may no longer be able to live on their own after suffering severe injuries in a fall.

Fall injuries can vary greatly, ranging from harmless bruises or sprains to permanent disabilities. More severe injuries from falls can include:

Head and Brain Injuries

Head injuries in slips and falls can occur when the head strikes an object, such as a piece of furniture or the floor. While some head injuries can be mild and heal on their own, others, such as traumatic brain injuries (TBI), can have life-changing consequences for victims.

Broken Bones

Severe falls can cause bone fractures. Since most individuals try to break falls with their hands, broken wrists and arms can be common fall injuries. Other fall fractures can include the ankles and legs, knees, and hips.

Even relatively uncomplicated bone breaks can take some time to heal. However, individuals could suffer a permanent disability when a major fracture occurs, such as that of the hip bone.

Spinal Cord Injuries

According to a study published by the National Center for Biotechnology Information (NCBI), spinal cord injuries from falls are particularly frequent in the elderly. Moreover, when spinal cord injuries do occur in older adults, they tend to stay longer in hospitals and face higher care costs than younger adults. Spinal cord damage can cause numerous health effects, including:

• Permanent changes in strength
• Loss of sensation
• Paralysis below the site of the injury
• Loss of bowel and bladder control

Facial Injuries

A victim unable to cushion their fall may strike the ground or an object with the face, potentially resulting in broken or chipped teeth, nose fractures, eye injuries, and cuts. Facial injuries can be emotionally distressing, especially in cases where permanent scarring remains.

Cuts and Lacerations

Individuals who fall and land on broken glass, sharp metal, or other debris, may experience deep cuts, lacerations, and puncture wounds. Significant wounds typically require stitches and other medical interventions and may cause permanent damage to muscles and nerves.

If you or a loved one was severely hurt in a fall, speak to a slip and fall lawyer as soon as possible. Someone else may be responsible for your accident and injuries, and you could be entitled to compensation.

What to Do Right After a Slip and Fall Accident

You may not know what to do for the best after a slip and fall accident. In some cases, victims believe the fall is their fault, or a property owner tries to minimize what has happened, discouraging the injured individual from seeking help or filing an incident report. However, to protect your health and rights, consider taking the following five steps if you get hurt in a fall on another’s property:

1. Promptly Get Medical Advice

The most crucial step you can take after a slip and fall accident is to seek medical attention. Receiving medical treatment can safeguard your health and document the extent of your injuries. A medical report will be crucial in proving your case and helping you pursue fair compensation.

2. Report the Accident Immediately

Report the slip and fall accident as soon as possible to the appropriate parties, such as the property owner or manager. An incident report helps to establish a record of the accident and provides evidence to support a compensation claim. Make sure to get a copy of the accident report for your records.

3. Gather Evidence

Gather as much evidence as possible to support your claim. Crucial evidence can include:

• Photos of the area where you fell
• Witness statements
• Medical receipts or bills
• Receipts of out-of-pocket expenses
• A journal detailing the effects of the injuries on your life

4. Keep Detailed Records

Keeping accurate records of all communication and documents related to your slip and fall case can be essential for your claim. Such records can include correspondence with the insurance company or at-fault party, accident reports, and medical treatment records. Keeping all the vital documents organized in a folder can help you stay on top of your compensation claim and assist your attorney with building a solid case against the at-fault party.

5. Speak to a Slip and Fall Lawyer

Consulting an experienced slip and fall lawyer is essential to protecting your rights. An attorney can help you understand your legal rights and options and guide you through the process of filing a claim. They can also negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries.

If an insurance company or at-fault party refuses to compensate you adequately, a determined slip and fall attorney at Morgan & Morgan can fight powerfully for the compensation you deserve.

What Not to Do After a Slip and Fall

Knowing what not to do after a slip and fall can be just as important for protecting your rights as knowing what to do. If you want to maximize your chances for a fair settlement, consider the following advice:

Do Not Leave the Accident Scene

If you get hurt in a slip and fall, stay at the scene until help arrives. Leaving too soon, without receiving medical attention or filling in an accident report, can make it challenging to prove your claim.

Avoid Apologizing

It is human nature to apologize immediately, even if we are not responsible for a slip and fall. However, something as innocent as saying “I’m sorry” could make it more challenging for you to recover adequate compensation.

Do Not Skip Doctors’ Appointments

Following your treatment plan conscientiously can be critical for recovering full and fair compensation in a slip and fall claim. If you skip appointments or medical treatments, the other side might argue that you exaggerated your injuries and could try to minimize your settlement.

Refrain From Signing Insurance Documents

Beware if the property owner or an insurance company offers to pay for your medical expenses right away. They may try to settle as quickly and as cheaply as possible. Depending on your injuries and other losses, your overall damages may be far greater than your immediate medical expenses.

Before signing any agreements or accepting compensation, consult a slip and fall lawyer at Morgan & Morgan. We have your best interests at heart and can protect you from the at-fault party or insurer taking advantage of you.

Holding Property Owners Accountable for Slip and Fall Injuries

Liability for a slip and fall injury can depend on several factors, including the property owner's duty of care, the dangerous condition that caused the injury, and whether or not the property owner knew or should have known about the hazardous condition. Depending on your case, the defendants in a lawsuit could be:

• The property owner
• The store, restaurant, or property manager
• A landlord
• A private homeowner
• A government agency

Courts typically rely on premises liability laws to determine who’s responsible for a slip and fall accident. Each state has its own rules for establishing liability, and courts often determine liability and how much compensation may be owed to the injured according to the injured party’s classification while visiting the property. 

There are three main classifications: invitee, licensee, and trespasser.

Invitee

An invitee is anyone visiting a specific property for the owner's benefit. Invitees can include the property owner’s employees or customers who come to shop for goods or acquire services.

All property owners are responsible for ensuring their property is safe from slip and fall accidents. They should regularly monitor the location for potential hazards and take action to protect their invitees from harm. 

If a property owner becomes aware of a hazard, they should warn anyone who visits the premises. For example, they might rope off an area with cracks in the pavement until they can make the necessary repairs.

Licensee

Licensees are individuals invited onto an owner’s property for reasons not related to business. A licensee may be a friend or family relation who doesn’t live in the home.

Property owners who invite licensees to their premises should take special care to ensure that the area is free of hazards that could cause a slip and fall accident. If there are known risks, like damaged steps or clutter, they should make it a point to warn the licensee promptly.

Trespasser

Under the law, property owners have little (if any) responsibility of care to trespassers who visit their premises without express invitation or knowledge. However, they cannot intentionally create risks that could harm trespassers, like a concealed trap or tripwire.

Do I Need an Attorney to File a Claim?

Generally, it's always advisable to contact an attorney right after the slip and fall incident. However, it may not be possible to contact such an attorney right away, depending on the nature of the accident. 

Many victims of slip and fall accidents understand that an attorney can help identify the negligent party and hold them responsible for the damages, but that's just a drop of ink in the ocean of the things a slip and fall attorney can do. Here's an overview of different ways a slip and fall lawyer from a reputable personal injury law firm like Morgan & Morgan can help. 

Investigate the Scene

Slip and fall accidents occur in different environments. Whether at a grocery store, residential area, or public property, a slip and fall attorney can help investigate the accident. 

However, insurance companies won't just write you a check because you slipped and fell at their client's property. Instead, they'll most likely send experts such as claim adjusters to investigate the scene and establish whether their insured is legally liable. And that's not all; even if they establish that their client acted negligently, they may argue that it's not enough to prove that you deserve compensation.

Instead, there has to be a strong connection between your injury and the insured's negligent conduct. That's where a personal injury attorney specializing in slip and fall cases comes in. Such an attorney can put all the pieces together, proving beyond reasonable doubt that the defendant acted negligently, leading to the slip and fall accident. 

Identify the Liable Party

Slip and fall cases aren't the same; some are easy to settle, while others are a little bit more complex. For example, if you slip and fall at a grocery store, chances are the grocery store owner is liable for your injuries. 

However, what happens when you slip and fall in public? Who do you go for when filing a claim or lawsuit? That's one of the many questions an experienced slip and fall attorney can help answer. Based on their experience in this field, such attorneys can investigate the scene and identify the individual or entity responsible for your injuries. This means you won't be wasting time filing a claim against an individual or entity that has nothing to do with your injury. 

Prove Damages 

Here's the most frustrating part of a slip and fall case and any other personal injury case for that matter.

Even if it's been established beyond reasonable doubt that the slip and fall incident occurred, this conclusion doesn't mean you are entitled to compensation. The only way to prove that you're entitled to compensation is by proving the damages suffered due to the slip and fall incident. 

Unfortunately, many victims of such accidents don't know how to calculate damages. As a result, they may end up settling for far less than what they deserve. This is one of the many reasons insurance companies prefer to solve such issues out of court. They may even approach you with a quick settlement offer to confuse you, limiting your chances of consulting an attorney.

Contacting an experienced slip and fall attorney increases your chances of obtaining a favorable outcome and securing a higher compensation than the initial offer. For instance, at Morgan & Morgan, we've helped some of our clients secure compensation of up to 20 times more than the initial offer.

This is because we don't leave anything out when calculating damages. From past, current to future medical bills, lost wages, pain and suffering, disfigurement, or even death and funeral expenses, we don't let anything slip away. We believe you're entitled to compensation for everything you've endured due to the other party's negligence, and we don't stop at anything until you receive what you need and deserve. 

Represent You in Court

Assuming your case is worth more than the initial offer, you can’t expect insurance companies to part with the money that easily. It takes a lot of legal tussles and struggles to even secure the initial offer. So when we inform the insurance company that you deserve more than what they've offered, chances are they'll either decide to settle for an out-of-court settlement or have the case settled in court.

Interpreting the Law

If you think negotiating a settlement or proving negligence is difficult, wait till you discover how complex it is to interpret personal injury law, particularly slip and fall. As mentioned before, slipping and falling at someone else's property isn't enough to hold them accountable.

Many factors come into play when establishing the individual or entity at fault. 

The defendant will want to establish the following:

• what were you doing at the property?;
• who invited you to the property?;
• how did you slip and fall? and;
• was it possible to avoid the slip and fall (e.g., did you ignore warning signage?).

If established that you were partly responsible for the injury, the claim could quickly turn into a comparative negligence situation. Comparative negligence means that the plaintiff and defendant both share responsibility for their injury. In that case, it's established that both parties acted negligently, leading to the injury. 

For example, in states like New York, the court may find you 40% responsible for the injury. When that happens, you'll only be entitled to 60% compensation. But it's possible to push back against the defendant and hold them accountable with the help of an experienced slip and fall attorney. 

Frequently Asked Questions

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.

Where can I find a competent slip and fall lawyer?

Because slip and fall cases are extremely complicated, it is always advisable to conduct thorough research when looking for the right attorney to represent you. The truth is that not every attorney or injury firm you come across can fight for you and help you secure the compensation you need and deserve after such an accident.

Instead, you need a competent, compassionate, and experienced lawyer. That aside, you need an attorney with powerful legal resources to take on the defense and debunk all possible defenses the other party might use against you. Lastly, you need a lawyer or firm with a proven track record of winning such cases.

If that is what you need, Morgan and Morgan slip and fall attorneys are a free case evaluation away from fighting for you. As the largest personal injury law firm in the country, boasting a team of over 1,000 attorneys and an incredible record of winning huge settlements, we might be able to fight for your rights.