We often hear about frivolous lawsuits where someone is trying to get money for some injury or other harm suffered, and while there are some crazy claims in this country, one type of claim is no joke: slip and fall injury cases. If you slipped and fell on someone else’s property and suffered an injury that resulted in medical bills, lost wages, or loss of quality of life, you may, indeed, have a valid personal injury claim.
An experienced personal injury attorney who has handled slip and fall lawsuits in your area will listen to the details of your claim and advise you on how to proceed with legal action to receive monetary compensation for medical bills, lost wages or other financial burdens due to the slip and fall. Slip and fall cases fall under the umbrella term of “Premises Liability,” and most personal injury lawyers handle these cases, as they are quite common.
When slip and falls occur in the workplace, you may have a Workers’ Compensation claim. Not all personal injury attorneys handle Workers’ Comp cases (many attorneys do nothing but Workers’ Comp), so do research online, check attorneys’ websites and read reviews before scheduling your no-cost initial consultation.
You may have to meet with more than one premises liability attorney to find the right one for your case.
At-Fault Party
The most important aspect of any slip and fall case is the determination of the at-fault party. In slip and fall claims, it is most often the owner or occupier of the property where your injury occurred. All property owners should have insurance coverage on their property, so when you file a claim against a property owner, you will often end up dealing with the insurance company representing the owner or occupier of the property where you slipped and fell.
In some cases, there may be multiple defendants including the property owner, property manager, rental company, HOA, or even a municipality or some other government agency that has ownership of the premises or even partial ownership. Property owners have a duty to keep property safe and free from hazards; when they fail to do that, they can be liable for accidents and injuries that occur on the premises.
Another important piece of information to know in slip and fall cases, is that the insurance company is usually reluctant to pay the injured party at all, let alone the full value of their claim. The defendant’s insurance company will fight to avoid paying you; if you do get paid, those parties will do everything in their power to make sure you receive the absolute minimum amount in your settlement. That’s where a knowledgeable slip and fall personal injury attorney comes in; he or she is your voice and will fight to get you the justice and compensation you deserve.
What Should You Do After a Slip and Fall?
There are certain steps you can take following a slip and fall accident, that is, if you’re physically capable of doing so. If your injuries are too severe to do any of these things, your loved ones should gather the information your premises liability attorney will need at the consultation.
- Take pictures of injuries and the area where you slipped and fell
- Document as much as you can about your surroundings (time of day, lighting, conditions of area in which you fell)
- Get contact information from any witnesses
- If you fell at work, report the fall to your supervisor (in Workers’ Comp cases, thorough documentation is imperative)
- Get medical attention as soon as possible
- Keep all receipts related to costs due to your fall
- Keep track of all lost wages and other expenses related to your fall
- Do not share details of your fall with coworkers, friends or on social media
- Do not exaggerate your injuries
- Do not lie about what happened
If you have suffered injuries due to a slip and fall on someone else’s property, contact an experienced premises liability lawyer in your area today to schedule a no-cost, no-obligation consultation.