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What to Do After You Got an Injury in a Slip And Fall Accident?
If you have been injured in a slip and fall accident, there are several steps you should take to protect your health and legal rights:
- Seek Medical Attention: Seek medical attention as soon as possible, even if you don’t think your injuries are serious. Some injuries, such as head trauma or internal injuries, may not be immediately apparent.
- Report the Incident: Report the incident to the property owner or manager, and obtain a copy of the incident report. This report can be useful when filing an insurance claim or a lawsuit.
- Document the Scene: Take photos or videos of the scene where the accident occurred, including any hazards or dangerous conditions that contributed to the accident. This evidence can help support your case.
- Obtain Witness Information: If there were any witnesses to the accident, obtain their contact information. Witness testimony can be valuable in proving liability and damages.
- Consult With an Attorney: Consult with a personal injury attorney who has experience in slip and fall cases. They can advise you on your legal rights and help you pursue compensation for your injuries.
- Keep Records: Keep a detailed record of all medical expenses, lost wages, and other expenses related to the accident. This information can be used to support your claim for damages.
- Follow Doctor’s Orders: Follow your doctor’s orders and attend all medical appointments to ensure your injuries are properly treated and documented.
- Don’t Sign Anything: Do not sign any documents or accept any settlements before consulting with an attorney. Insurance companies may try to offer a low settlement to avoid paying out a larger amount in the future.
- Most Common Injuries: You might have suffered from serious injuries after your slip and fall accident. Some of the most common injuries you may have encountered include:
- Traumatic Brain Injuries: Traumatic brain injuries (TBI) are common in slip and fall accidents and can have serious long-term effects. Symptoms may include headaches, dizziness, confusion, and memory loss. You could suffer from this if you slip on a wet floor and hit your head on a hard surface, causing a TBI.
- Back and Spinal Cord Injuries: Slip and fall accidents can result in back and spinal cord injuries, which can cause chronic pain and mobility issues. Examples include herniated discs, fractured vertebrae, and spinal cord damage. This can happen to someone who falls down a flight of stairs and suffers a spinal cord injury. In rare instances, it may even result in a wrongful death.
- Fractures and Broken Bones: Fractures and broken bones are common in slip and fall accidents, particularly in the wrists, ankles, and hips. Someone who slips on ice can break their wrist, for example.
- Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and contusions, are also common in slip and fall accidents. These injuries can cause pain and limit mobility. This could be a person who slips on a wet surface and sprains their ankle.
- Cuts and Bruises: Cuts and bruises are minor injuries that can still cause pain and discomfort. They are often caused by slipping on a hard surface or bumping into an object during a fall.You could slip on a wet floor and cut your arm on a sharp object.
- Internal Injuries: Slip and fall accidents can also cause internal injuries, such as organ damage or internal bleeding. These injuries may not be immediately apparent and can be life-threatening. An example is a person who falls down a flight of stairs and suffers internal bleeding.
- Emotional Trauma: Slip and fall accidents can cause emotional trauma, including anxiety and post-traumatic stress disorder (PTSD). Victims can develop a fear of walking after slipping and falling on an icy sidewalk.
Florida Slip And Fall Accident Statistics
In Florida, slip and fall accidents are the main reason for fatal and non-fatal injuries that Florida residents aged 65 years and older suffer from. 11.8 out of 100,000 people die from slip and fall injuries in Florida. Over 20% of occupational injuries were slip and fall accidents in Florida, which is more than the national average.
How to Prove Negligence in a Slip and Fall Accident
Proving negligence in a slip and fall accident requires the attorney to show that the property owner or occupier was responsible for creating or allowing a hazardous condition to exist on their premises and failed to take reasonable steps to prevent the accident. Here are the steps that can help in proving negligence in a slip and fall accident:
Show Duty of Care
The first step in proving negligence is for your attorney to show that the property owner had a duty of care to maintain a safe environment for visitors.
Establish Breach of Duty
The next step is for your lawyer to establish that the property owner breached their duty of care by either creating or allowing a hazardous condition to exist.
Demonstrate Cause
The third step is for your attorney to demonstrate that the hazardous condition was the direct cause of the slip and fall accident and the injuries sustained.
Damages
Prove Foreseeability
It must also be proven that the property owner could have reasonably foreseen the hazardous condition and taken steps to prevent the slip and fall accident.
Evidence Collection
Reasons That a Premises Owner May Be Held Liable
There are many reasons why your attorney can find the other party at fault. For example:
Failure to Clean Up Spills
If a property owner fails to promptly clean up spills or wet floors, it can create a hazardous condition for visitors. An example would be a grocery store that fails to clean up a spill in the aisle, causing a customer to slip and fall.
Uneven Surfaces
Uneven surfaces, such as cracked or broken pavement, can create a tripping hazard for visitors. For example, a property owner may fail to repair a broken step, causing a visitor to trip and fall.
Lack of Warning Signs
If a hazardous condition exists on the property, the property owner should provide warning signs or barriers to alert visitors of the danger. An example of this is a construction site that fails to post warning signs or barricades, causing a pedestrian to fall into a construction pit.
Failure to Maintain Property
When a property owner fails to maintain the property, it can create hazardous conditions that can lead to slip and fall accidents. For example, a property owner who fails to repair a leaky roof, causing water to accumulate on the floor and creating a slip hazard could be held liable.
Compensations Available in a Slip and Fall Case
Compensation in a slip and fall case can vary depending on the extent of the injuries and the specific circumstances of the case. Here are some types of compensation that may be available in a slip and fall case:
- Medical Expenses: The victim of a slip and fall accident may be entitled to compensation for medical expenses, including hospital bills, medication, physical therapy, and any other related costs.
- Lost Wages: If you are unable to work due to their injuries, you may be entitled to compensation for lost wages, including past and future income.
- Pain and Suffering: Slip and fall victims may also be entitled to compensation for pain and suffering, including physical and emotional distress caused by the accident.
- Property Damage: If personal property was damaged in the slip and fall accident, the victim may be entitled to compensation for the cost of repair or replacement.
- Wrongful Death Settlements: In cases where the victim dies as a result of the slip and fall accident, surviving family members may be entitled to compensation for both economic and non-economic damages, including funeral expenses, loss of income, loss of companionship, and emotional distress.
Frequently Asked Questions
Who is liable for a slip and fall accident?
What should I do immediately after a slip and fall accident?
Can I sue for a slip and fall accident on public property?
How long do I have to file a slip and fall lawsuit?
The statute of limitations for filing a slip and fall lawsuit varies by state, but it is generally between one to three years after the date of the accident.
How much compensation can I receive for a slip and fall accident?
What is premises liability exactly?
What if I was partially at fault for my slip and fall accident?
Can I file a slip and fall lawsuit if I was injured on someone’s private property?
What types of damages can I recover in a slip and fall lawsuit?
How can a slip and fall lawyer help me if I’m injured in an accident?
A slip and fall lawyer can investigate the accident, gather evidence, negotiate with insurance companies, calculate damages, and represent you in court if necessary, ensuring that you receive fair compensation for your injuries and losses. For more information, call Scott The Lawyer for a free consultation. There are no upfront costs because we work on a contingency fee basis.
CALL (954) 329-0137South Florida’s Top Personal Injury Attorney
Scott J. Senft
Was born in Brooklyn, NewYork. He received his Bachelor of Science from University of Florida in 1988 and his Juris Doctorate from Georgia State University College of Law in 1991.
For over 32 years, The Law Offices of Scott J Senft have served South Florida as one of the top personal injury law firms. If you or a loved one has been involved in any type of accident, do not hesitate to reach out immediately.