It only takes a second to slip and fall, but that quick second could affect your life for years.
Sometimes falls just happen, but other times, they are due to the negligence of others. If others are at fault, you may be able to sue for your injuries. A lawsuit won’t undo the incident or make your injuries go away, but it can help you recover compensation for:
- Medical care for your injuries (including hospitalizations, surgeries, therapies, etc.)
- Missed workdays
- Child care (if you are unable to care for your children due to your injuries)
- Pain and suffering (covers non-economic damages such as emotional trauma or physical pain)
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What Steps Should I Take After My Slip and Fall Incident?
Get Medical Care
If it’s an emergency, get help right away. But even if your injuries don’t seem urgent, it’s still a good idea to see a doctor. They may be able to detect problems that you can’t immediately see (such as brain injuries) and keep you from doing things that would worsen your injuries.
Medical visits don’t just help you heal, they provide third-party documentation of your injury. If the negligent party tries to pass your injury off as a pre-existing condition, you’ll have proof that your injury is directly linked to your slip and fall incident.
Make sure to go to all of your medical appointments. Missing appointments could not only slow your recovery time, it could hurt your legal case. The opposing party could use this to show that your injuries were not that bad or that you were not motivated to get better.
Photograph the Scene
Take photos of the accident scene (or have someone else take photos if you are unable to do so). Make sure to include details that could have contributed to your injuries. Was there a spill on the floor but no caution signs surrounding the spill? Was there debris left on the floor? Was there uneven flooring or a broken step? Capture anything relevant in your photos.
Photograph the Injuries
If your injuries are visible, take pictures of them.
Talk to Witnesses
Get contact information for anyone who witnessed your fall.
Write Down Details
Memories can blur with time, so make sure to write down exactly what caused your fall and when it happened. Write a description of any injuries that you noticed. If your symptoms from the injuries change over time, document that as well.
Do I Have a Valid Legal Case for My Slip and Fall Injuries?
If you are injured in a fall and want to bring a case against a property or business owner, you will need to prove the following:
Negligence
Your case must demonstrate that a third party had a reasonable duty of care to prevent your injury and that they breached this duty. For example, you could prove that a grocery store had a duty of care to keep their floors free from spills and debris. Then, you could prove that they failed to perform this duty when they left a spill unmarked and unattended for an hour.
Causation
Next, you must prove the connection between your injuries and the third party’s negligence. In the example above, you could show that because the grocery store team failed to clean up the spill within a reasonable time frame, you slipped and broke your leg.
Damages
You must then show that your broken leg caused you to suffer damages. These may include financial damages from medical bills and from having to miss work while you recovered from your injuries.
Do I Need an Accident Attorney to File a Lawsuit?
While you can file a lawsuit on your own, consider the following benefits of hiring a personal injury attorney:
- They can help you get competent medical care. They will know the best medical professionals in your area and can help you get the best diagnosis and treatment from the get-go.
- They can make your life easier after an accident by gathering the most compelling evidence to support your case.
- They can make sure you submit the right documents at the right time. (There’s a lot of paperwork involved with filing a personal injury claim, and different forms have different deadlines.)
- They can negotiate with the insurance company, so you don’t have to. This can shield you from the stress of talking to high-pressure insurance representatives and keep you from worrying about saying anything that could be used against you.
- They can keep you from settling for less than you deserve. It’s tempting to settle early to get quick compensation, but an attorney can help you make an educated decision about accepting a settlement offer or pressing for more. The last thing you want to do is settle for less than your injuries will end up costing you in the long run.
When Should I Call an Attorney?
Right after the accident. A good attorney can tell you immediately if they think you have a solid legal case. They can then make sure that you gather all of the right evidence from the accident scene and get the best medical care from the start.
What if I’m Injured on the Job?
Start by reporting your injury to your supervisor. They should have you fill out the proper forms and give you an immediate referral to a contracted physician.
A slip and fall injury at work is usually covered by workers’ compensation insurance, but if your company denies your claim, retaliates against you for reporting the injury, or drags its feet in getting you benefits, search for a “workers’ compensation attorney near me.” A good attorney can stand up for your rights and make sure you get the benefits you deserve.
If you want to know how strong your slip and fall legal case is, contact our accident injury lawyers who serve Summerlin, Las Vegas, North Las Vegas, Henderson, and more. We lower your risk by working on contingency fees; you don’t pay us until you get compensation for your case.