According to the CDC, approximately 39.5 million people visit a physician each year due to an unintentional injury - about 1 million of these cases coming from slip and fall injuries. If you or a loved one has experienced a slip and fall injury, it is important to first seek medical attention and then diagnose the situation. If you believe that someone else is liable for your injury, there are several steps that should be taken to ensure that you receive the compensation that you deserve. This blog articulates the structure of slip and fall accidents and gives a brief step by step guide on how to handle these difficult situations.
What Constitutes a Slip and Fall Lawsuit
Before filing a lawsuit for a slip and fall injury, it is important to understand what constitutes a slip and fall accident, so that you are able to ascertain if your situation deems appropriate for a lawsuit.
A slip and fall accident is one type of personal injury that is caused when someone injures themselves by slipping or tripping on someone else's property. One critical aspect of a slip and fall injury is whether the injury could have been prevented if the owner of the property took certain precautions. If the injury could have been prevented then it is likely a form of negligence and the property owner should be held liable. If the owner of the property took necessary action to prevent the injury then it will be much more difficult to hold them liable in a slip and fall injury case.
There are several examples of slip and fall injuries and ways property owners can prevent injury. Wet floor cases are the first injuries that come to mind. If someone slips and injures themselves and there wasn’t a wet floor sign displayed to warn pedestrians, then it is possible that the business could be held liable for damages. Another example are outdoor slip and fall injuries. Whether the injury is caused because of damaged sidewalks, hazardous landscaping, or inadequate lighting outside, these hazardous accidents are all examples where the land owner could be held liable for damages.
Slip and Fall Checklist
Seek Medical Attention
Although receiving compensation may be on the forefront of your mind after an accident, please take care of your health first. After an accident make sure you seek medical attention as quickly as possible. If you fail to visit a doctor to address your medical needs then it will be extremely difficult to win your case because it shows that your injury may not be legitimate.
If you seek medical attention soon after the accident, you follow all steps and instructions that the doctor gives, and you keep your medical records from your doctor visits then it will tremendously increase your chances of prevailing in a case.
Obtain an Accident Report
If you do not obtain an accident report soon after the incident, then it will likely be very difficult to prove legitimacy in a slip and fall case. If you were injured at a business or rental property, it would be best to report your accident to a manager or property owner. After you have reported the accident, ask for a copy of the accident report and keep it in your records along with your medical documents.
Obtain Evidence and Document Everything
Evidence proving the legitimacy of your case is going to be the cornerstone of obtaining adequate compensation for your pain and suffering. Without evidence it would be impossible to prevail.
There are plenty of simple things you can do to make sure that you have a substantial amount of evidence. Photos and videos can be great assets for your case. Do your best to take as many pictures as possible to prove that you were injured and prove why you were injured. Another action that will give you leverage in your case is taking as many notes as possible. Write down anything and everything that you think might be important to your case. Once you have gathered enough evidence via pictures, videos, and notes, an attorney will be able to utilize certain evidence to help you in your case.
File Your Case Quickly
Lastly, you will want to file your case quickly with the help of an attorney that specializes in slip and fall incidents. The faster you move on all phases of this process, the better chances you will have to be reimbursed for your pain and suffering.
Hire a Slip and Fall Attorney
Here at Barfoot and Schoettker, we specialize in all personal injury accidents and are ready to help the citizens of Alabama. If you’ve been injured in a fall in the Montgomery area, we can help ease the process and obtain the compensation that you deserve. Contact us today at (334) 834-3444 to schedule a free no-obligation consultation.