Use our checklist to learn what to do after a fall and understand key legal considerations.
1. Seek Medical Attention
After a slip and fall accident, the first priority should be getting the necessary medical attention needed. It’s important to seek medical attention even if you believe there’s nothing wrong. This is because common symptoms and injuries don’t always immediately present themselves, and can slowly develop and worsen over time.
Seeking medical treatment early can help ensure that all injuries and associated medical expenses are connected to the slip and fall accident, which can improve the strength of your injury claim. You should consider keeping a journal of your symptoms. We constantly remind our clients to document everything. This will serve as a helpful reminder and provide further evidence for who is liable to pay medical bills as your case moves forward. Also, your paralegal will most likely ask you to keep them updated on medical treatments, including which doctors you are seeing, any changes in your treatment plan, and how you are feeling.
2. Report the Accident
Reporting the slip and fall accident to a manager or the local authorities is a critical step for several reasons:
- Documenting the accident: Reporting ensures that the accident is officially documented, creating a record of what occurred. This report can serve as crucial evidence if you decide to pursue a compensation claim.
- Establishing accountability: Informing the manager or authorities puts the responsible party on notice about the accident. This prevents them from claiming ignorance and may prompt them to take corrective action to address hazardous conditions.
- Supporting your claim: An official accident report typically includes details such as the date, time, and location of the incident, as well as any witnesses. This documentation can strengthen your claim by corroborating your account of the event.
- Preventing disputes: Promptly reporting the accident reduces the likelihood of disputes about whether the incident occurred or its cause. Delaying the report might lead to doubts or challenges from the responsible parties or their insurers.
- Protecting others: Reporting the incident helps ensure that hazardous conditions are addressed promptly, preventing others from suffering similar accidents.
Taking this step demonstrates responsibility and seriousness about your claim, both of which are valuable if the case progresses to legal or insurance proceedings.
3. Collect Key Info From Witnesses
Collecting the names and contact information of key witnesses and having them document what they saw is crucial in a slip and fall case for several reasons:
- Corroborating Your Account: Witness statements can provide independent confirmation of the events leading to the accident, supporting your version of what happened and strengthening your claim.
- Providing Objective Evidence: Witnesses are often seen as impartial third parties. Their testimony can help establish the existence of hazardous conditions, such as a wet floor or uneven surface, and show how the accident occurred.
- Countering Disputes: If the responsible party denies liability or argues that you were at fault, witness testimony can help refute these claims by offering an unbiased perspective on the situation.
- Preserving Details: Memories can fade over time, so having witnesses document their observations promptly ensures that important details are not lost. These written accounts can serve as valuable evidence later in the claims process or in court.
- Strengthening Negotiations: Witness statements can add weight to your claim during settlement negotiations with the responsible party or their insurer, increasing your chances of securing fair compensation.
By gathering this information early, you ensure that critical evidence is preserved, which can make a significant difference in the outcome of your case.
Here’s what information should be collected:
- First & last names of witnesses
- Phone numbers of witnesses
- Written or recorded statement of what happened from each witness
- Photos of any noticeable injuries (bruising, flesh wounds, etc.)
- Photos of the scene that may evidence what caused the fall
4. Document Injuries
Documenting your injuries after a slip and fall accident is essential for proving the extent and impact of your harm. This evidence can help support your claim for compensation by demonstrating the physical effects of the accident and linking them to the incident.
How to document injuries:
- Photographs: Take clear, dated photos of visible injuries (e.g., bruises, cuts, swelling) from multiple angles as soon as possible after the accident.
- Medical Records: Seek medical attention immediately and retain all records, including diagnoses, treatment plans, and bills.
- Personal Journal: Keep a detailed log of pain levels, physical limitations, and how the injuries impact your daily life.
Thorough documentation can make a significant difference in the outcome of your case.
5. Don’t Sign Anything
Avoid signing anything or giving a recorded statement at the scene of a slip and fall accident because doing so could harm your ability to pursue fair compensation. Statements made in the heat of the moment may be incomplete or misconstrued, and signing documents without understanding their implications could waive your rights or limit liability for the responsible party. Always consult with an attorney before providing any formal statement or signing documents to protect your interests.
6. Document Medical Expenses
Additional Legal Considerations
- Statute of Limitations: Each state has a specific time limit within which you must file a lawsuit. Missing this deadline could bar you from seeking compensation. For example, Missouri has a 5-year statute of limitations. However, it’s generally recommended to be being your claim as soon as possible to preserve evidence.
- Comparative Negligence: Some states consider whether you were partially at fault for the accident, which can reduce the compensation you receive.
- Premises Liability Laws: The property owner’s duty of care depends on your status as a visitor (invitee, licensee, or trespasser) under local laws.
- Evidence Preservation: Surveillance footage, maintenance logs, and incident reports must often be requested promptly to ensure they are not lost or destroyed.
- Insurance Coverage: Understanding the responsible party’s insurance policy and how claims are handled is crucial for securing compensation.
- Expert Testimony: In some cases, experts may need to testify about safety standards, building codes, or the severity of your injuries.
- Damages Assessment: Legal considerations include not just medical expenses but also lost wages, pain and suffering, and long-term impacts on your quality of life.
Consulting an attorney ensures these factors are properly addressed to strengthen your case.
Get Help With Your Slip & Fall Claim From Brown & Crouppen Law Firm
Our slip and fall attorneys will analyze all aspects of the case, seek the responsible parties, and ensure that you have someone in your corner fighting for you against those who are at fault. Since 1979, our injury attorneys have helped clients recover over $1 billion in compensation as a result of settlements and verdicts.
Getting started with your slip and fall case is easy. You can call us at 888-802-8156 for a free consultation, or tell us about your case with our free case evaluation form. And remember, there’s no upfront cost to you — if you don’t get paid, we don’t get paid. With offices in St. Louis, Kansas City, and throughout the Midwest, our slip and fall attorneys are conveniently located to fight for you.
Frequently Asked Questions
What compensation can I recover?
In a slip and fall case, you can recover damages for medical expenses, lost wages, and pain and suffering. Additional compensation may include damages for emotional distress, future medical costs, and any permanent disability or disfigurement resulting from the accident. The exact amount depends on the severity of the injuries and the circumstances surrounding the case.
How much is my case worth?
Slip-and-fall settlements typically range from $10,000 to $50,000, though the exact amount varies depending on the specifics of each case. Factors like the severity of injuries, medical expenses, lost income, pain and suffering, and the level of negligence by the property owner play a significant role in determining the settlement value. Local laws and any shared responsibility on the part of the injured person can also affect the final amount.
How long will my case take?
Slip and fall claims involving clear negligence and moderate injuries are often settled within 9-12 months after completing medical treatment. Cases with more complex injuries or commercial defendants typically take over 12 months to resolve. Since every case is different, the timeline for resolving a slip and fall claim can range from several months to several years, depending on various factors.
