Accidents caused by slip and fall can stress you out as it involves serious injuries, pain, and suffering. Understanding what you should do after your fall can help to improve your chances of recovering compensation benefits for your damages and injuries. There are several very important recommendations to follow for you to successfully file your slip and fall injury claim.
As you deal with the trauma of your accident, you may face trouble remembering all the key details of the accident after several weeks. Hence, it is recommended to write down a complete record of your recollection of the accident right after it took place.
You can successfully win your slip and fall lawsuit if you are able to prove negligence on the part of the property owners and managers who were aware of the dangerous conditions but did not take any proper action. To prove this, it is suggested to collect as much evidence as possible from the scene of the accident. This will include:
- Photographic evidence and videos of the site showing the condition of the site, and potential hazards such as loose carpeting, water puddles, debris, broken pavement, uneven surfaces, lighting conditions among others.
- Weather at the time of the accident.
- Contact information of any eyewitnesses who saw the fall.
- Presence or absence of any warning signs notifying about the hazardous conditions.
- Information on how long have the dangerous conditions existed on the property.
If the injuries sustained are critical and hampering your daily activities, or preventing you from successfully completing your job, you need to document such evidence. This can include the paystubs that you received before the fall, medical bills, and receipts for all your other expenses incurred due to the fall.
If you have fallen at a private property, ensure to report the fall to the property owner, or manager. If such a fall occurred at a commercial location, they may have their own accident report form that you need to fill out. If you have experienced a fall on the street, or in a parking facility where the manager may not be available, record all the details of the location and the accident and contact the owners promptly to inform them about your accident. Mainly, you should ensure that the accident is reported so that the owner or manager cannot deny in the future about the occurrence of the accident on their property, or on their premises.
Get Medical Treatment for your Injuries
You should seek immediate medical assistance for your injuries. Even though your injuries may seem minor, get a medical professional to examine you so that any underlying issues do not become severe later on. Inform your doctor on how the accident occurred and request them to document in your medical records that the injuries were a result of your slip, trip, and fall accident.
If there are any delays in seeking medical help, the defendant may use it as an opportunity to argue that the injuries you have sustained are not directly related to your accident. They may also claim that your injuries were not significant if you do not reach out to your doctor soon after the accident. Moreover, any delays in receiving medical attention can have long term implications. For example, if you fall and hit your head, you may suffer from brain trauma and concussions that if not treated immediately can result in serious complications, and may even prove fatal in some cases.
Ensure to follow up on your treatment and the instructions that your doctor provides so that you are able to recover properly. If you fail to follow up on your treatment, the negligent party may use it as a basis to fight your lawsuit by claiming that your injuries were insignificant.
Statute of Limitations in Filing a Lawsuit after a Slip and Fall Accident
In most states, the statute of limitations governing slip and fall accidents require you to file for a claim within 2 years from the date of the accident to sue the negligent party and recover compensation for your injuries. There are some exceptions to this deadline but in general, if you fail to file your lawsuit in the stipulated time period, your claims may be denied or rejected. If you are using a government entity for your slip and fall you have 6 months from the date of the accident to submit your ‘notice of claim’ form.
Refrain from Signing or Agreeing to any Written Documents
You should keep your communication with the owners, or employees of the property where the accident occurred to a minimum apart from filing the fall report. Commercial complex managers may ask you to sign waivers or agreements after your slip and fall accident. It is highly recommended to not sign anything that the manager may request you without first consulting your lawyer. These documents may contain technical or legal language absolving the negligent party from responsibility for your fall and the injuries you have incurred. If you sign such forms, this information can be used against you in court to dismiss your claims. Your attorney can review the documents for you to ensure that you are not waiving off your rights to claim compensation.
If you were involved in a slip, trip, and fall accident that occurred due to someone else’s carelessness and negligence you rightfully deserve to receive compensation for your pain, injuries, medical expenses, loss of wages, and the mental and emotional suffering you could be undergoing. Hence, it is imperative to hire a good, knowledgeable personal injury lawyer who can assist you in collecting all the evidence and building a strong personal injury lawsuit against the negligent party. A professional personal injury attorney will have years of legal experience in handling slip and fall cases and can ensure that you receive maximum compensation for your damages and injuries while safeguarding your legal rights. If you facing any legal issue visit gordonlawchicago.com
