Slip and Fall

Slip and fall accidents are extremely common. If you slipped and fell at a business, you may be able to file a claim. You could be eligible for money for pain and suffering as well as reimbursement for all of your medical costs.

Slip and fall incidents are responsible for more than a million emergency room visits every year, and in some cases the injuries sustained in a slip and fall or a trip and fall can lead to permanent disabilities. If you are hurt when you’re at a business you’re entitled to money to pay for any out of pocket expenses you might have as well as things like lost wages if you can’t work.

What To Do After a Slip and Fall Accident

If you are in a business and you have a slip and fall or you trip on something and fall there are a number of things that you need to do to make sure that you document the incident and any injuries that you have as a result. Never brush off the incident or say that you’re fine and walk away. You have no reason to be embarrassed after a fall. If you walk away after a slip and fall because you’re embarrassed you could end up with serious medical bills that you’ll have to pay for yourself. Any time you are in a business and you slip and fall you need to do these things:

Get Medical Help

If you have slipped and fallen in a store, always get medical help immediately. It’s very common for people to have injuries that get worse over time in a slip and fall incident. Whiplash, neck strain, concussions, and other injuries may not seem serious at first so many people brush them off only to find later on that they are actually hurt.

When you call for medical help you are starting the paper trail that will document your injuries and that paper trail needs to begin at the time of the incident. Get checked out by emergency responders or go to the emergency room. Make sure that you have a full exam done by a doctor to document any and all injuries that were caused by the fall.

Gather Evidence

While you are waiting for medical help to get there, gather as much evidence as you can of what happened. Use your smartphone to take photos of the entire area where the slip and fall occurred. Take videos also. If you fell because there was something on the floor or there was some obstruction in the aisle, get that on video and in photos.

If anyone witnessed your trip and fall accident ask them for their contact information so that your slip and fall attorney can talk to them later on. You can also ask them to give a short statement of what they say on video right there, just make sure that you get their contact information too. The evidence that you have is going to be crucial to proving your case, so get as much as you can.

Report The Incident

You also need to make sure that you report the incident to the business manager, owner, or supervisor on duty. Insist that they write up an incident report to document the date, the time, and the location of the slip and fall. You should also describe in as much detail as you can what happened. This is when your memory of the incident will be the best so don’t leave anything out. After you have given the manager, owner, or supervisor your account of what happened and they finish the report make sure that you are given a copy of it.

Don’t Sign Anything Or Agree To Anything

The business owner or manager may ask you to sign something indicating that you slipped and fell in the business. They also may offer you money or offer to pay your medical expenses if you don’t file a claim against them. Don’t sign anything or agree to anything.

Follow All Medical Advice

After you get a medical exam, follow all of the instructions that the doctor gives you. It’s very important to your claim to show that you followed all of the medical instructions and recommendations you were given. If you need to follow up with a physical therapist, a neurologist, or some other specialist you need to do that.

Keep All Receipts And Records

Even if your insurance pays for the emergency room visit and any subsequent doctor visits you need to keep receipts for any copays that you have to pay or any treatment costs that weren’t covered. Keep receipts for any prescriptions, medical equipment, or over the counter medications that you needed to buy. If you have to see a specialist and there’s a copay for that keep those receipts too.

If you can’t work because of your injuries print out a copy of your schedule showing that you were supposed to work. All of your medical records and receipts will help prove how much money you had to spend out of pocket on the treatment for injuries sustained in the slip and fall.

Call A Slip And Fall Attorney

A slip and fall lawyer is going to be a great resource when you are getting ready to file a claim. Talking to a slip and fall attorney is highly recommended so that you can find out more about what types of evidence you need to include with your claim and what to expect during the claims process.

How Long Do I Have To File a Slip and Fall Claim?

States differ in how long you have to file a slip and fall claim. Depending on your state you will probably have 2-3 years at the most to file your claim. Don’t rush into filing a claim. If you have serious injuries that may disable you for life you will need to have proof of that so that you can be fairly compensated. It takes some time to know how serious injuries from a slip and fall are.

Negligence In a Slip and Fall

In order for your claim to be successful in a slip and fall case you must prove that the business was negligent and that negligence directly led to your injuries. Legally negligence is the failure of a party to exercise reasonable care. For example, if a convenience store clerk is mopping the floor and leaves a puddle of water on the floor without a caution sign or a marker letting people know that floor is slippery that’s negligence. When you file a claim after a trip and fall or a slip and fall you must prove that the business was negligent. That means you have to provide evidence that shows all four of these things:

• The defendant owed the plaintiff a duty of care
• The duty was breached as a result of negligence on the defendant’s part
• The breach of duty caused injury to the plaintiff
• The plaintiff suffered damages as a result of the injury

If you successfully prove that the business was negligent your claim will be upheld.

What Damages Can I Seek In a Slip and Fall Injury Claim?

When you file a claim because you’ve been injured in a slip and fall you can ask for damages. Damages are money for things like:

• Out of pocket medical visit copays or fees
• Ambulance fees
• Surgical fees not covered by insurance
• Prescriptions
• Over the counter medications
• Aids like walkers, crutches, or a wheelchair
• Lost wages if you are not able to work
• Lifetime income if you are permanently disabled
• Money for pain and suffering

And possibly other expenses as well.

What Is the Average Slip and Fall Settlement?

The amount of money that you could receive as a settlement varies significantly based on the unique elements of your situation, the state you live in, how bad your injuries were, and more. Typically the average slip and fall settlement is somewhere between $10,000 and $50,000. However, if you are permanently disabled, receive a brain injury, or are in any other way seriously injured you could receive a lot more than that.

Do I Need a Slip and Fall Attorney To Settle My Claim?

You don’t need to work with a slip and fall attorney, but experts strongly recommend it. A slip and fall lawyer has years of experience negotiating with businesses and insurance companies. You don’t have that. A slip and fall attorney can negotiate on your behalf to make sure you get the largest possible settlement.

How Much Does A Slip and Fall Lawyer Cost?

It doesn’t cost anything up front to talk with a slip and fall attorney about your slip and fall injuries. Slip and fall attorneys work on a contingency basis. That means they don’t get paid if you don’t get a settlement. You don’t have to pay out of pocket. Most of the time a slip and fall lawyer will receive about 33% of the total settlement amount. But that 33% can be built into the settlement demand.

Speak With A Car Accident Attorney

If you’ve been injured in a slip and fall incident at a business fill out a Free Case Evaluation form right now to get connected with a participating, independent personal injury attorney who may be able to help with your case.