It is a day like any other: You are in the mall or grocery store, thinking deeply about what’s on your to-do list. Suddenly, you feel your feet slip, your balance is gone, and you are falling. Just as suddenly, you have come to a jarring and painful stop on the smooth and unyielding floor.
This is known as a slip and fall and it is responsible for over 8 million emergency room visits each year. That came out to more than 20% of all visits to the emergency room in 2019. Sometimes the person who has fallen and become injured simply pays their own bill under the auspices that it was their fault. However, many times there is another party who should pay.
A few determining factors – where the slip and fall occurred and if another party’s negligence was involved in creating an unsafe condition – often help decide where liability should fall. If you have sustained an injury during a slip and fall, and you think there might be cause for a legal case, the most important thing you can do is contact and consult an experienced slip and fall lawyer as soon as you are able to.
Getting hurt in a slip and fall is not something that you generally plan for, so if it happens, you may find yourself scared and confused, aside from being in terrible physical pain. Probably one of the last things you will be concerned about at the moment is initiating legal action, but you should know how to prepare yourself and relieve yourself of any liability. How you immediately proceed after a slip and fall is crucial in affecting your ability to recover your medical expenses and any additional damage you may be due.
If you have suffered from a slip and fall and have sustained injuries, you should go to the emergency room or your doctor’s office without delay. Many people neglect this important first step because they “feel ok” after the slip and fall. Even if you do not think your injuries are severe, and even if there is no pain, you need to get checked out. Seek out medical help and do not delay. Documentation is key, and getting to a doctor immediately is one of the most important steps you can take to begin obtaining expert records regarding your injuries.
Getting to a doctor immediately is also important for the timeline of any claims you may make. A technique frequently used by the liable party’s defense is to try and dismiss your injuries by claiming that they were injured previously, or that the injuries are not as serious as claimed. Delays in treatment missed appointments and other treatment gaps, only serve to strengthen these arguments for the defendants. Going to the doctor right away essentially blocks the other side from saying that you must have gotten your injuries in another way. So every single day that passes that you do not get a medical evaluation reduces the value of your case, and by proxy, the potential settlement.
You could have twisted or jerked and injured soft tissues or you may have hit your head and failed to realize it immediately. You may even have hidden spinal or brain injuries that will take hours, days, weeks, or longer to manifest. Only a doctor will be able to verify and let you know.
If you do end up making the decision to obtain compensation or remuneration from the party liable for the unsafe condition, having medical proof from that day that details your injuries can be an absolutely indispensable piece of evidence during court proceedings or settlement talks. With that in mind, for your own sake, and that of your financial well-being, getting medical attention promptly is absolutely essential.
In addition to getting the medical proof of injury, the lawyer representing you should speak with the store manager or property owner as soon as possible. An example includes speaking with a property management representative if you slip on ice outside an apartment or store. Or, speak with the store manager or owner if you slipped on a spill or similar inside a store. This helps to establish a documented timeline and puts the owner and his staff on notice that you will make a point to follow up either personally or through your attorney, once you have been able to evaluate the situation.
Make sure you document the accident immediately. If you are going or are being taken to the hospital, ask a good friend or even better, your attorney, to assist with completing this step. It is crucial. Documenting the accident would include things like:
Witnesses are a vital part of verifying your version of the events. If you have slipped and fallen at a business, then fellow customers or any vendors present are going to be your best candidates for witnesses. Ensure you have contact information, and ask them for a brief explanation of what they saw. If you are already working with an attorney, be sure to give them all the witness contact and statement information you were able to gather, and they will surely follow up with them quickly. If you do not have any third-party witnesses, all is not lost. You may still have a robust case for compensation. But, having witnesses can prevent the defense from denying your version of events.
Make sure you have your friend, lawyer, or representative inspect the scene. Was there something there that caused the fall, like a spill or debris? A rug or floormat that was bunched up or rolled? Was the area unusually busy or crowded, to the degree that the store may be liable for letting too many people in at once? Was there a special event that was not properly set up and controlled?
There is no better time to evaluate the reason or cause of your fall than immediately after it has occurred. Take as many pictures as possible, as fast as possible. All angles – close up and wide angles – from as many positions as you can. The importance of these photos cannot be overstated. If you cannot take them due to your injuries or being transported to the hospital, have a family member, a friend, someone. Many attorneys cannot, or will not, take a case without photographic evidence because it prevents proper evaluation of the cause of the fall. These are extremely important for another reason: the result of the negligence that made you fall could be remedied. Spilled liquids can dry, or be cleaned. Flooring damage can be fixed, holes can be filled, and broken items that contributed to the accident can be removed or repaired.
If your slip and fall happens in a business, they may ask you to fill out an accident report. Go ahead and fill out the form or forms. Make sure you do not embellish or enrich the story, but do make sure to be as detailed as needed. This is another item that may help with your timeline, and having it on file when it happens will go a long way toward preventing them from stating your incident never happened.
Do not post anything about it to social media, tempting as it may be. Do not apologize, even out of habit; consciously stop yourself. Make sure you collect any physical evidence you can, in particular, your shoes and clothes from that accident. Also do not participate in giving any form of a recorded statement. Unless cleared by your attorney, this is likely an attempt by them to get you to say something that can later be used against you at settlement talks or at trial. Do not sign any insurance paperwork that is presented to you.
An important point to remember is that you, or the person representing you, should try to remain impartial and professional, and not try to place blame on one party or the other. Do not personally confront any member of the store staff, management, or ownership with accusations or threats. Your personal slip and fall lawyer will go through the proper channels for that when the time is right and will handle it in a professional manner. You do not want to jeopardize your case by being unprofessional and rushing the process. Finally, if you are offered any sort of initial offer or settlement from the liable parties or their insurance agency, do not accept it without first discussing the matter with your personal injury lawyer.
Each state has different laws around premises liability and filing a lawsuit for claims like these. Protect your injury rights and learn more about your state’s rules.
Following your injury, as soon as possible afterward, contact a law firm like Crash Guru, with a specialty in slip and falls, or accident liability in general, and talk about your options. Many law firms will provide a free initial consultation, so there is nothing to lose by asking, and you may learn that you are legally entitled to compensation for your losses.
It is the other side’s goal to pay you as little as possible, so try not to give them any reason to try to reduce your claim. Decline to comment or communicate with anyone from the store’s ownership or management. If you need to communicate with the other party or their insurance company, they are likely to try to take what you say out of context or twist your words. So, try to communicate only through your lawyer or legal counsel. Do not place blame, but also do not accept any.
When you work with experienced and capable slip and fall lawyers, they will often handle nearly all communication with the other side of the case. After years of experience, they know when to talk and when to keep their cards close to their vest.
A qualified attorney will help you with every aspect of your case. They spend years training specifically to help victims of slip and fall events to execute all the necessary steps to maximize the recovered compensation. If you are trying to win the best settlement, working with a specially trained lawyer is a solid way to ensure everything possible is being done to get you justice.
The numbers show that while slip and fall injuries are extremely prolific, only about 20% of slip and falls ends with a serious or debilitating injury. While most of the injuries are not serious, slip and falls still contribute more than eight million emergency room visits yearly. They are often found to occur at work, public shopping areas, and in private homes. These settings will all fall under the far-reaching category of premises liability.
Current statistics regarding slip and falls are startling:
In addition to these statistics, it has been found that people over 65 years old experience a fall at a rate of 1 in 3 annually. They are at a higher risk of slipping and falling due to contributing factors like:
The visibility of any of these conditions may lead the legal counsel for the liable parties to attempt to reduce the legal responsibility of their client for your slip and fall. But, if you take steps to reduce your risk in a proactive manner, you are able to maintain a more solid position in both the legal and physical sense in the event that you do have a slip and fall. As an example, regular physical exercise will help maintain strength, while low-impact activities like tai-chi and practicing yoga will help improve core strength and balance. The simple addition of glasses or contacts can help ameliorate some of the risks inherent in having diminished eyesight.
There are countless variables that can come into play when sustaining an injury during a fall. Depending on where the fall happens and how, any number of the following injuries can be inflicted. They can cause short term disability, long term, or any combination of those:
Slip and falls result in severe injuries 20%-30% of the time. In approximately 5% of the cases, there is at least one broken bone. They are a leading cause of injury in nearly all age demographics.
One of the most common places to have a slip or fall-related injury is in the workplace. The third-leading cause of unintentional death due to injury is falling. While industries like construction are certainly most at risk for fall injuries, slip and falls can happen even at desk jobs.
The National Safety Council keeps data and statistics on injuries and deaths from slip and falls, organized by industry, such as:
Slip and falls at work can be caused by a plethora of factors. In industrial settings, you may encounter spills of varying lubricants that have not been properly cleaned. In countless other settings, you may encounter things like the water leftover from mopping, water, or other liquids on flooring that is non-porous, waxed, or sealed. Other common culprits are stairs and steps, thresholds between rooms, uneven flooring, and obstructions like debris and bunched up rugs, carpets, or floormats. Slip and fall injuries are responsible for missing 11 days of work on average.
During slip and fall events in the workplace, there are likely going to be additional reporting needs that must be fulfilled. Often, management and human resources need an accident report to be filed as soon as the incident happens, or any claims resulting from the incident can be easily dismissed, including workers’ compensation.
Workers’ compensation will often take care of, or at least help with, medical expenses associated with the incident, as well as payment for time missed from work due to the injuries. The downside to this is that frequently accepting this compensation will exclude you from suing or initiating any litigious action against the company for further damages. With slip and falls that occur in the workplace, it is extremely important that you try to record as much evidence as possible to ensure that you can prove that the injury happened at work and that it was due to unsafe or negligent conditions.
You may also be required to report within a designated timeframe to an occupational health office or equivalent to be drug tested and evaluated for related injuries. Make sure you are honest with the doctor about any pain or other symptoms that you are experiencing. This doctor will likely try to minimize any issues you may have, so make sure that after this you get a second opinion from either your doctor or the emergency room. At this point, you should call an attorney.
The main reason is that they are the experts at proving liability. You must prove that the slip and fall, and the subsequent injuries, were the direct result of another party’s negligence, or intent in some cases before the courts will hold them liable and order them to arrange for any eligible compensation. In a personal injury case, the other party may have a team of attorneys on retainer, and regardless of the solidity of your claim, you may still find yourself having to let the courts decide. So, unless you already are an expert in the process, you will need the help of an experienced slip and fall lawyer.
When you first begin the claim negotiations and settlement talks, the first opponents you will be up against will be the insurance adjusters whose entire job revolves around saving their clients as much money as possible. They are extremely well-equipped to minimize any potential claim that may be brought against their client. In all likelihood, their initial offer for settlement will be entirely insufficient to cover your medical expenses, both current and future. You will need a strong and agile advocate who is adept at tough negotiations like these.
To prove negligence in a liability case like a slip and fall, you and your attorney must be able to demonstrate that the liable party had a reasonable opportunity to prevent the accident from occurring. Homeowners and business owners alike shoulder a legal burden to keep their property safe, specifically to prevent accidents and resultant injuries. Examples of conditions that could be considered negligent include:
If you are bringing a premises liability case, the success will be dependent on proving someone’s negligence or intent. Occasionally, the circumstances around an identical incident may determine your compensation entitlement. An example of this is if you are walking through a supermarket and you drop a soda on the floor, and subsequently slip and fall in it, the only negligence at work there is your own. On the other hand, if you are walking down an aisle and slip and fall due to a spill that happened previously and was never cleaned up, the store management or custodians have been negligent and are likely to be determined liable for the accident and resultant injuries.
Once you, your attorney, and your evidence have established and proven negligence, you must then go through the process of proving the damages and providing evidence that substantiates your damages and costs. These include:
For each category or claim for compensation you make, you will need solidly prepared documentation to support it. Documents that may include things like bills, insurance forms, receipts, medical records, affidavits or sworn statements from your doctors or specialists, and possibly even tax returns. Your legal counsel has the experience needed to calculate and prove your current and possible future losses, and to prove that you are legally entitled to compensation for such. Even though a portion of your total settlement amount will be paid to your lawyer or lawyers for the services rendered during the settlement process, most people find that is a very acceptable price to pay in order to win the full judgment or settlement they are after.
This will greatly depend on your case and the state in which the case is filed. According to the CDC, the average medical cost of a slip and fall is more than $30,000. So your case, if successful, should at least cover that and your lost wages from missed work. Now, awards beyond medical expenses are where it gets very blurry. There is a common method that is frequently used to determine a ballpark settlement figure is to take the medical bill total, triple it, and add it back to the medical bills. So if medical bills were $100,000, the pain and suffering amount would be $300,000, and the total settlement would be $400,000.
Some states have their own caps and limits, however, California for example sets a flat cap of $250,000 for emotional distress, pain and suffering, and all non-economic damages. The best way to find out what a likely settlement amount would be is to reach out to a lawyer and have your case evaluated.
Every case has its own timeline and process, and each case is unique, so there is no one answer. Your case may be able to be settled in a matter of weeks or months, or it may drag on for several years in the courts before it is resolved. A slip and fall can easily prevent you from working and supporting yourself, and medical bills may be adding up, so time is of the essence. The sooner you reach out to a slip and fall attorney, the sooner your case can be evaluated and work can begin on winning you the compensation you deserve.
Only two percent of slip and fall cases go to trial historically. So there is a good chance that if you have a solid case, supported by excellent documentation, impeccable photographic evidence, detailed witness statements, and good representation, then you will never need to set foot in a courtroom. Instead, you will be able to iron out a settlement with the liable party’s insurance company.
If you have been injured in a slip and fall, no matter where you live you have options for medical cost recovery. You are also possibly entitled to monetary awards for lost wages, permanent injury, and pain and suffering. If you believe that your fall was caused by someone else’s negligence or failure to ensure a safe environment, stay calm and remember what you have read here
Document everything with pictures, notes, accident reports, and so on. Make contact with any and all witnesses to the accident, and obtain contact information and statements from them. Get medical attention as soon as possible, be honest, and tell them everything and everywhere that hurts. Be thorough, as you may not feel everything at first, so if things are worse the day after, make sure you go back and document it with your medical professional.
Contact your legal counsel and let them know everything that has happened. Provide copies of all documentation, statements, and pictures of the accident area and setting. If you are still in the hospital, your lawyer may meet you there to get any materials you have with you. They will then begin their work. Listen to their advice, do not sign anything or make any statements without them present or approving your response or reply. Remember the defense will be trying to get you to admit fault or say something that they can use to minimize your claim, and you deserve better than that.
Every day that passes without taking action lessens the effectiveness of your case. So do not delay: Call a slip and fall layer to ensure you get competent legal representation.
If you’ve been injured in a slip and fall accident or have further questions, contact a Guru today. We’re here to help support and advocate for your injury rights.
