Slip and fall accidents can be very costly to the injured party, in terms of both time and money; and if the fall was caused by another person or business, a lawsuit may be the only way a slip and fall victim can recover medical expenses, lost wages, or money to compensate for pain and suffering. There are a few easy but important points to keep in mind in the immediate aftermath of a slip and fall that will go a long way toward positioning a potential lawsuit for victory.
An individual involved in a slip and fall should, first and foremost, seek immediate and appropriate medical attention. While most slip and fall accidents are relatively minor, broken bones, head trauma or internal injuries are not uncommon. It is important that a medical professional treat a victim as soon as possible after a fall. The reason is twofold. The first reason is to keep the victim out of immediate peril. For example, a victim wouldn’t want to drive himself home if the slip and fall caused head trauma. Second, it’s important to procure medical attention and obtain, in writing, a professional diagnosis of any injuries initially caused by the fall. There are some conditions that take longer to manifest, but if a victim has a broken arm, cuts, bruises or some other type of wound that was caused by the slip and fall, it is important to document when and how the injury happened while the incident is still fresh.
Immediate medical attention often means waiting for an ambulance or paramedics. While the wait may not be long, it can be important to a future case. Slip and fall victims are often rattled by what has occurred, and tend to not realize what they or those around them are saying or doing. But maintaining focus after a slip and fall can be the difference between a win and a loss in court. A victim should keep talk to a minimum; feel free to be gracious and accept offers of help, but refrain from talking about how the fall happened, laying blame or making immediate demands. It is never a bad idea to collect contact information from potential witnesses. Witnesses may be essential in proving or disproving a case.
Never provide an official statement to a business or homeowner immediately after a slip and fall. The last thing a victim needs is to lose a lawsuit because they signed a piece of paper saying “I should have seen that mayo in the aisle” or “I should have held on to the rail.” Sign nothing. Businesses often try to slip releases or other documents absolving them of liability to a shaken victim before they can regain their wits.
Survey the environment. Slip and fall accidents often happen for a reason. Look around for the potential cause of a fall. Trip hazards, snow, ice, loose carpet, spilled food, and uneven concrete may all cause slip and fall accidents. Victims should write down their version of the fall as soon as they are able. A present impression of what occurred may be valuable evidence in court, and at the very least it will be valuable in helping an attorney decide how the potential lawsuit should be handled.
Finally, a victim should attempt to take pictures of the scene. If the victim does not get photos, it is a safe bet that the premises owner will, and a victim never wants to be at the mercy of a property owner’s story of how a slip and fall accident happened.
If a slip and fall victim follows some or all of the steps outlined above, any potential lawsuit will have a solid base on which a local attorney can build. Common sense, open eyes and closed mouths are the rule of the day. As always, consult a local attorney to discuss the existence or potential of any slip and fall lawsuit.