What actions should I take after a slip and fall accident?

If you’ve suffered an injury due to a slip and fall, there are many things you may do that result in underpayment for your injuries and even outright denial of accident compensation. It’s important to know how to avoid missteps in your injury claim. When you're injured in a slip and fall

Protect Your Case After a Slip and Fall

If you’ve been injured in a slip and fall, you should seek medical treatment as soon as possible. Not only does seeing a doctor help to identify severe injuries, it allows juries and insurers to see that you were acting responsibly and took your injury seriously. It also creates a medical record immediately after the incident, establishing that your injuries were a direct result of the fall.

Even if you went to the emergency room and follow your doctor’s orders, your injury claim could still be at significant risk if you:

  • Fail to report the accident. It is vital that you report the accident to the property owner as soon as possible after the accident. The owner (or an employee) will likely ask you to complete an incident report with the date, time, and location of the fall. While you are advised to report the fall, you should never discuss details of the accident with anyone or speculate on what might have caused your fall.
  • Post on social media. It may seem easier to tell your friends and family about the accident by posting on Twitter or Facebook. However, anything you post can be used as evidence against you. Even a simple assurance such as “I’m fine” can cause an insurer to undervalue your claim, since it implies that you were not seriously injured.
  • Give a recorded statement. You must notify your insurance company of the accident if you are planning on making a claim for your injury. But insurance company representatives for the responsible party often call victims to “clarify” details of an accident in a recorded statement. Anything you say in these conversations can be used against you, so it is best to decline giving a statement.
  • Accept a settlement. Victims are often eager to move on after an accident, and insurance companies know this. They may pressure a victim into accepting a low settlement quickly, making it impossible for the victim to recover additional damages later. If you have been offered a settlement, you should always consult with an attorney before you accept.

If you have been injured in a slip and fall accident, we can gather surveillance video, witness statements, and other vital evidence to maximize your compensation. Contact Kirshenbaum & Kirshenbaum via our online form to schedule an initial consultation at no cost to you.