14 Steps to Take After a Slip and Fall Accident
Slip and fall accidents can happen to anyone. It’s imperative to know what to do after your accident. According to Florida premises liability laws, buildings, homes, parking lots, and walkways need to be appropriately maintained for maximum safety.
If you slip and fall, as a result of the negligence of another person or business, you could be entitled to compensation for many or all of the damages under Florida Law. The damages could include pain & suffering, past & future medical bills, past & future lost wages, loss of the capacity to enjoy life, scarring & disfigurement, and other compensation.
If you or someone you care about was injured in a slip or fall accident, the following steps you take could determine what damages you’re entitled to.
The slip and fall attorneys, at Schrier Law Group, are available to answer any questions that you may have about your case. Here are 14 steps to take after a slip or trip, a fall accident.
1. Seek Medical Care
Prioritize your health after your slip and fall accident by seeking immediate medical attention. Your medical treatment records, after your injuries, will likely be used as evidence of the damages that you sustained, in the event that you decide to seek compensation for your injuries.
2. Attend Follow Up Appointments & Follow All Physician Orders
Whether you decide to seek compensation for your injuries or not, you should secure all of the medically necessary care that is available to you. While your goal should be to feel as you did before your accident, it is also important to have all of your injuries, bills, and the resulting treatment documented, in order to be able to prove the full extent of your damages. Once your treatment is completed, you will be in a position to secure all the damages that Florida Law entitles you to.
3. Obtain the Contact Information For The Property Owner/Manager
Getting the contact information for the premises and individuals responsible for your slip and fall accident is vital. The owner, management company, maintenance company, and others may be defendants in your case. The last thing you want to do, while recovering from your injuries, is to track someone down. Collect their contact information at the scene, if possible. If you are not terribly injured and able to, it is also extremely important to take photos or the area and what caused your fall.
4. Create an Incident Report
If you were injured on the job and it was the result of a third party and not due to your employer’s negligence, you may be able to file a worker’s compensation claim and a negligence case at the same time. It may be deemed essential, that you report the incident and that you have an incident report filled out. All efforts should be made to report the claim and to obtain a copy of the incident report. It is important that you do not leave anything to chance, by failing to report your potential slip & fall case. This report generally provides a detailed explanation of how and when your injuries occurred.
While it depends on the issues and the Court, incident reports can often be used to prove the date, time, and the location of your fall. Unfortunately, Florida Law does not require all business owners to provide copies of all incident reports to the victims of slip and fall cases, especially during the pre-suit phase, if the business owner deems the report to be kept in “anticipation of litigation”. At that point, only a Judge can determine what the evidence shows and potentially force the business to provide you or your lawyer with a copy of the incident report, during the litigation process
5. Immediately Take Pictures And Videos of The Accident Scene
Photos and videos of the scene where you fell could be vital in proving your claim. Capturing photo and video evidence of the hazards that caused your accident and the lack of cautionary measures could be monumental in recovering the compensation you deserve.
6. Understand What Caused The Slip And Fall
Having a clear idea of what caused your trip or slip and fall incident, could help your legal team determine exactly who is liable for your accident. Determining liability is essential for recovering damages from the at-fault party.
7. Identify Eyewitnesses
Eyewitness testimony can help support your case. Bystanders can provide additional evidence, offer another perspective, and corroborate your story. It is important to collect all bystanders’ and eyewitnesses’ contact information, as well as their statements, whenever possible.
8. Don’t Discuss The Accident With Anyone
Discussing the accident with others, especially with any insurance company for the potential defendants, could come back to haunt you. If someone testifies that your statements are untrue, based on other conversations that you had about the accident, those statements can damage the merits of your case.
9. Never Give a Recorded Statement Without An Attorney
Recorded statements can be detrimental to your case. Misspeaking could lead to a claim or pre-suit settlement denial. It could also lead to a reduction in the total amount of damages that you could be entitled to.
10. Save and Preserve Evidence
The evidence in your case will be necessary to prove who is at fault or who may have acted negligently and what damages you may be entitled to. If you are unable to preserve evidence, it may prove to be detrimental to your case.
11. Take Notes
Drafting detailed notes immediately after your accident, regarding what caused you to fall, the weather on that day, the date & time of the fall, and what caused you to slip or trip and fall, can be extremely useful in or out of court.
12. Limit Your Social Media Activity
Any inconsistencies in your account of what transpired could be detrimental to your case. Insurance companies or the defendant could use the information from your social media posts against you in court.
13. Don’t Sign Any Documents
Having an attorney review all documents, before you sign them, could help protect your slip and fall case. Settlement releases and releases of medical information can be particularly dangerous to sign, without having a lawyer review the documents first. Therefore, it is prudent to review all documentation with your attorney before signing.
14. Call The Schrier Law Group
Our attorneys are here to help answer any questions that you may have and to help you through the process of a slip and fall case. The burden of proof is different in a Florida slip & fall case than in an automobile accident case. You should only be represented by an experienced law firm and one that has successfully represented many slip & fall accident victims. The lawyers, at Schrier Law Group, have over 45 years of experience in handling slip & fall cases. They have the resources and skills necessary to successfully navigate through all of the statutory requirements in order to represent your best interests. If you would like to learn more or review your case, please contact us at 1-800-700-7285 today!
How Hard Are Slip and Fall Cases To Win
Schrier Law Group knows that slip and fall accidents (a type of premises liability case) can be devastating, both physically and financially. This isn’t exactly startling news. But are they hard to win?
If you’ve been involved in a slip and fall accident and you’re thinking of filing a personal injury claim (with Schrier Law Group), you’re probably wondering what you’ll have to do to win.
The Challenges of Slip and Fall Cases
Slip and fall cases are challenging because you have to prove three things, all of which are critical.
1 – You have to prove that your accident was due to someone else’s negligence.
2 – You have to prove that it directly caused your injuries.
3- You have to prove that your slip and fall accident injuries have caused direct financial costs.
There are several ways a slip and fall accident can occur. It can be due to a lack of signage warning about a wet floor or a failure to maintain safe sidewalks. Actually, the number of things that can cause a slip and fall accident is almost infinite.
When a property owner fails to protect you from a slip and fall injury, it may still be difficult for you to prove your case.
We will discuss why it can be difficult to win your slip and fall case.
Do Most Slip and Fall Cases Go To Trial or Settle?
The vast majority of slip and fall cases will settle out of court because defendants understand that it is typically less expensive and much less time-consuming than taking the case to trial.
But even though most slip and fall cases settle out of court, each case is unique, and the outcome depends on the unique circumstances surrounding the accident.
Some cases settle long before a jury trial takes place, while others can settle days or even hours before a trial is set to take place.
Many times, whether or not your case goes to trial is determined by the willingness of the insurance company to offer a fair settlement to the victim of a slip and fall accident.
How Long Do Slip and Fall Cases Take To Settle?
The time it takes to settle your slip and fall case can be anywhere from a few months to a few years. It all depends on the circumstances involved.
Victims of slip and fall accidents due to someone else’s negligence have little control over how long it takes your case to settle.
You can do things to speed up the process, but you always want to be sure you take enough time to be sure you get a fair settlement.
How Do You Prove Negligence In A Slip and Fall Case?
Every property owner has a responsibility to maintain their property and remedy any hazards as soon as possible to avoid injuries.
Although it seems straightforward, it can be quite difficult to prove that the property owner was negligent. Property owners are likely to argue that you had shared in fault or had all of the fault in your accident and that you are responsible for your injuries.
To prove that the property owner is responsible for your injuries, you must prove that they should have known about the dangerous condition, that they didn’t fix it, or the owner’s carelessness caused the dangerous condition.
Why It’s Hard To Win a Slip and Fall Case
No matter what type of slip and fall (personal injury) case you have, it will always rely on your ability to prove negligence. In a slip and fall accident claim, you also have to prove all the other elements of a negligence claim.
This means you have to prove that the defendant owed you a duty of care, that you suffered physical and financial damages, and that the negligence of the defendant caused those damages.
In a typical car accident case, negligence can be proved with police reports and camera footage. You usually don’t have that type of evidence in slip and fall cases. In slip and fall accidents, you generally have to rely on first-hand accounts of the accident.
As mentioned above, you will also have to prove that the property owner or someone in charge at the property knew about the hazard and that they had enough time to repair it or remove it but didn’t.
In a worst-case scenario, no one was around when your accident happened, there is no security camera footage, and there is no evidence you can use to claim that the property owner knew of the hazard.
That worst-case scenario is all too common, which is why it is so hard to win slip and fall cases.
The Schrier Law Group handles many slip and fall cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your slip and fall case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
If You Had a Slip & Fall Accident, It’s Time to Call an Attorney
Slip and fall accidents are some of the most common accidents that people suffer from. They are also some of the most unfortunate accidents that happen as well. We here at Schrier Law Group know that when we go through our daily lives, nobody is considering the fact that they may slip and fall somewhere and hurt themselves.
These accidents lead to some of the most unexpected and painful injuries. In most circumstances, slips can be traced back to personal carelessness and there really is no recourse. However, there are certain situations that can be traced back to the negligence of another individual (or business). In cases like these, you need to call upon the help of a personal injury attorney.
The Schrier Law Group understands the inner workings of almost every type of negligence case. It is important that you receive the compensation that you deserve. That is why you need to contact the Schrier Law Group to get the money that you deserve for a slip and fall case.
What is the Plan Following the Slip & Fall?
First and foremost, it is always important to seek out medical attention if you are the victim of a slip and fall accident. Your personal health will always be the most important thing to worry about. However, it is also important to report the slip and fall accident too so that you get it on record.
If possible, the owner or landlord of the property the accident occurred at must be informed immediately following and you need to make sure to have some type of written report. Also part of the next step is to “document everything”. Attempt to retrieve the personal information from any witness (such as phone number, email, statements, and pictures of the area that you fell.) Try to take pictures that would show the scenario and situation of how you slipped and fell. All of this will help you with the case or the settling of the lawsuit.
After you take all these important steps, all you need to do is contact Schrier Law Group. We will handle the rest. A personal injury attorney will guide you through your slip and fall case and hold all of the negligent parties responsible. You deserve compensation for the slip and fall accident that caused medical pains and bills. The Schrier Law Group is here to back you up. We will get you results.
Why do you Need an Attorney After a Slip and Fall Accident?
Slip and falls are some of the most unfortunate accidents that can happen. No one in their daily lives is considering the fact of falling over and hurting themselves. These random accidents may lead to some of the most unexpected injuries. In most circumstances, slips can be traced back to personal carelessness and what’s done is done. However, there are certain situations that can be traced back to the negligence of another individual. In these cases, you need to call upon a personal injury attorney.
The Schrier Law Group understands the inner workings of almost every type of negligence case. It is important that you receive the compensation that you deserve. Contact the Schrier Law Group to get the money that you deserve for a Slip and Fall case.
What is the Plan Following the Accident?
First and foremost, it is always important to search for medical aid if you are the victim of a slip and fall accident. Your personal health will always be more important. However, it is also important to report the accident. The owner or landlord must be informed of an accident immediately following and make sure to have some type of written report. This is also part of the next step; Document everything. Witnesses’ personal information such as phone number and email, statements, pictures of the area that you fell. Try to take pictures that would show the nature of how you fell. All of this will help you in the case or the settling of the lawsuit.
After you take all these important steps, all you need to do is contact an attorney. They will handle the rest. A personal injury attorney will guide you through your slip and fall case and hold the negligent parties responsible. You deserve money for the accident that caused medical pains and bills. The Schrier Law Group is here to back you up.