Did you recently slip and fall on someone else’s property before sustaining injuries. It happens more often than you might think. In fact, falls lead to 8 million hospital room visits every year. 

While falls are the leading cause of hospital visits, slip and falls account for 12% of falls. 

Your injury could cause you to miss out on work and lose wages. 

If you experienced a slip and fall incident and sustained an injury, don’t wait to take action. Instead, you’ll need to follow the right steps in order to make a case for yourself. With these tips, you can prepare for a slip and fall lawsuit.

The stronger your case, the more likely you’ll receive fair compensation to cover your lost work and wages. 

Keep reading to discover the steps you need to take after sustaining a slip and fall injury. 

Preparing to Make Your Case

In order to make your slip and fall case, you’ll need to gather adequate evidence to support your claim. Here are a few factors to consider in order to strengthen slip and fall negligence cases.

Consult a Doctor

Whether your injury is major or minor, make sure to seek medical attention as soon as possible. Consulting a doctor will ensure your health and safety. You’ll also need to visit a doctor in order to successfully build your slip and fall lawsuit.

During your appointment, your doctor will assess your injuries and determine their findings.

Make sure to ask the doctor for documentation regarding your injuries and treatment plan. 

During slip and fall cases, it’s the defense’s job to try and dismiss your injuries. Having documentation of your injuries from a doctor will support your case. Their findings will prevent the defense from proving your injuries were sustained in a different way. 

Gather Evidence

Where did you sustain your injury? After the accident, make sure to study your surroundings. Try to determine what causes your slip and fall, such as:

  • A wire on the ground
  • Water on the floor
  • Another obstruction or danger

Pinpoint what causes your accident as soon as possible. Then, try to take photos of the scene, including:

  • Where you fell
  • The floor around that area
  • What you think caused the fall

You don’t want to leave a jury to visualize the scene on their own. Instead, gathering photo evidence will help support your side of the story.

Did anyone witness your slip and fall accident? If so, ask if they’re willing to explain what they saw on the record. Once you have an attorney to help your case, your attorney will get their detailed statement in writing. 

Next, you’ll need to make an official report. 697 people died in falls in the span of a single year. While they couldn’t build their own slip and fall cases, you can. 

Make an official accident report that explains your side of the story. Don’t embellish your story. Instead, only provide vital information regarding what happened. 

Find a Lawyer

In order to build a sold slip and fall case, look for a professional, experienced lawyer. Make sure they have years of experience winning slip and fall cases. Their time handling these cases will strengthen your own lawsuit. 

They’ll help you maximize your claim. 

Proving Your Case

Once you gather the proper evidence, your lawyer will help prove your case. There are two liability questions involved with slip and fall cases:

  • Who is potentially liable?
  • Were those parties actually negligent

You’ll also need to defend against an argument that your own carelessness contributed to the accident. 

Theories of Liability

To hold another party responsible for your injuries, you’ll need to prove one of two scenarios.

First, there’s the possibility that the property owner should have recognized the environment was dangerous. In this case, the property owner should have removed or repaired the potential danger. For example, could they have repaired a pothole or removed a loose wire?

In these cases, the main question is to ask whether or not a reasonable person would have recognized the scene was hazardous. Did they have the opportunity to fix the problem before an accident occurred?

In other cases, you’ll need to prove that the property owner caused the dangerous condition that led to your accident. For example, they might have left a hazardous obstacle within a public pathway.

In these slip and fall cases, you’ll need to prove they could have foreseen someone would have slipped and fallen in that environment. 

Proving Negligence and Liability

To win a slip and fall case, you’ll need to hold someone negligent (and therefore liable for damages. A negligent property would have failed to act as a reasonable, responsible person would have in the same situation. 

Here are some factors to consider when proving negligence:

  • Did the obstacle exist long enough that someone could have removed or eliminated the danger?
  • Does the property owner have a policy for routinely checking for possible hazards?
  • Is there a log or record of the company’s procedure for checking for these hazards?
  • Was there a reason the potential hazard was created in the first place?
  • What was the reason the hazard existed at the time of the slip and fall accident?
  • Could someone have made the area less dangerous by taking preventative measures?
  • What factored into causing the slip and fall (visibility, poor lighting, etc.)

Prove You Didn’t Cause the Accident

The property owner might argue that you were partially or totally responsible for the accident and your own injuries. This argument is known as contributory or comparative negligence.

In order to make your case, consider:

  • If you engaged in an activity that might have prevented you from noticing the hazard (talking on the phone) when someone else would have noticed it?
  • Did you have lawful access to the location where the accident took place?
  • Was there a reason you were in a dangerous area?
  • Were warning signs of the potential danger displayed anywhere?

You can use these factors to provide you didn’t cause the accident through your own carelessness.

Making the Most of Your Slip and Fall Lawsuit: What You Need to Win

In order to win your case, you need to gather the right evidence and prove the property owner was at fault. Otherwise, you might not earn the compensation you deserve. Working with an experienced lawyer can help you strengthen your slip and fall lawsuit and maximize your compensation. 

Don’t wait to make your case. Instead, contact us today to discuss the specifics of your lawsuit today!

Every year, six million car accidents occur on average in the US. It only takes a few seconds of distraction to end up in a wreck.

You might think you’re the safest driver on the road, until you find yourself in your first car accident. Trying to navigate the steps you need to take with no experience behind you can feel daunting. Your injuries could even make it difficult for you to think clearly.

Prepare yourself before you’re in a minor car crash. With these 10 tips, you can respond safely and quickly after an accident.

1. Move to Safety

The first thing you need to do after your first car accident is to move to safety.

Take a breath, focus, and put your hazard lights on. Then, make sure the car is safe to drive. If it’s not, leave your car where it is.

Otherwise, move your car to the side of the road or the nearest safe area where both you and the other vehicle can park.

During this step, it’s important to prioritize your safety above all else.

With a minor car crash, it’s usually safe to move your vehicles out of traffic. However, you might feel wary about moving your vehicle if the crash was more intense. If so, consider waiting for the police to arrive. 

They’ll let you know how to proceed.

Otherwise, make sure to remain at the scene of the crash. Leaving could put you in legal danger. For example, you could face criminal penalties if the crash was a hit-and-run accident.

You might also find yourself in legal danger if someone sustained injuries as a result of the crash. 

Instead of leaving, pull your vehicle into a safe area and wait for the police to arrive on the scene. 

2. Assess Everyone’s Injuries

While you’re waiting for the police to arrive, take stock of everyone’s injuries. Was anyone injured? If so, call for medical attention immediately. 

In the case of a minor car crash, you might feel you don’t need an expert medical opinion.

However, there are many cases where you won’t recognize pain symptoms until weeks after the crash. For example, if you were rear-ended, you might have experienced whiplash. You might not notice in your back or neck until weeks after the accident.

If someone was severely injured, don’t move them right away. Instead, have a licensed medical professional assess the situation. Otherwise, moving the injured party might cause serious neck or back injuries. 

3. Call the Police

Not sure what to do after a car accident that’s not your fault? Regardless of who or what caused the accident, make sure to call the police as soon as possible. You’ll need their official police report to cover your bases legally.

Some states actually require you to file a police report, even after a minor car crash. Make sure you understand your state’s local laws, as they vary based on your local. When it doubt, call the police. 

Once the police arrive, they’ll assess the scene and interview all involved parties. Make sure they file an official police report that captures the details of the crash. This report should include any:

  • Physical injuries
  • Property damage
  • Deaths

Once the officer is done filing their report, ask for their name, badge number, and their card. Keep these details for your own records. Take the time to ask them for a copy of the report as well. 

If you plan on making a case for yourself after the crash, that report is essential.

4. Avoid Small Talk

As you wait for the police to arrive, don’t feel the need to make small talk with the other party. Instead, limit conversation as much as possible. 

When you do have to talk, don’t admit fault and don’t apologize. 

Don’t offer your opinion about what happened. You’re not obligated to talk about the injuries you sustained during the car crash aftermath, either. Instead, tell the other party only a doctor can assess your health and that you’d like to wait for the police to arrive. 

5. Gather Notes

You can also collect your own information following the crash.

First, make sure to gather the other driver’s information, including their:

  • Name
  • Number
  • Address
  • License plate number
  • Driver’s license number
  • Insurance number

Take the time to gather information about the accident, too, including the:

  • Make, model, and year of the other driver’s car
  • Address of the accident
  • Date and time the accident occurred
  • Nearest cross street
  • Road you were driving on
  • Driving conditions
  • Direction the other driver was headed

During the weeks following the accident, you might not remember these smaller details. Make a record of this information immediately following the accident to avoid forgetting anything. 

6. Take Photos

Use photo evidence to maintain an accurate record of what happened, too.

First, you’ll need photos of your car to make an insurance claim. Take photos of how and where the cars were positioned as well. Make note of the property damage and injuries if you can.

7. Contact Your Insurance Company

During the car crash aftermath process, you’ll need to call your insurance company. Let them know you were in an accident and ask them about the next steps you need to take. 

It can help to make this call while you’re still at the scene.

8. File a Claim

Your insurance agent will explain the process for making a claim after your accident. Some insurance companies even offer smartphone apps that will help you streamline the process. 

9. Track Doctor Appointments

Between 20 to 50 people million are injured after a car accident every year. Whether your injuries were minor or severe, document everything. Make a note of which doctors you visited, their treatment plan, and all medical bills, too. 

10. Hire an Attorney 

Even a minor car crash can have expensive consequences. If the crash wasn’t your fault and you want to make a claim, you’ll need a qualified attorney.

Make sure to look for someone with experience in auto accident cases. They’ll help you navigate the process and get the compensation you deserve.

Take These Steps After a Minor Car Crash

If you were in a minor car crash, remember: everything will be okay. Follow these 10 tips and you can respond with a clear mind.

You don’t have to navigate this road alone. Contact us today to discuss making your car accident claim.