Slip & Fall Injury FAQ

What to do after a slip and fall accident?

What should you do after a slip and fall accident? If you’ve been involved in a slip and fall accident, you need to get medical help as soon as possible. Your health should be your No. 1 priority. Additionally, you need to, if you plan on presenting a claim for that type of accident, you need to have your injuries documented and you need the medical documentation to support your injuries in order to receive compensation for the medical treatment. You need to immediately report the accident to either the store manager or the landlord or the homeowner or someone in charge of the facility or place where you fell.

If you fell in a business or on a rental property, the manager there or landlord should take a report of the accident. If you’re busy being treated by emergency medical personnel or an ambulance, you need to call back to the place where your fall occurred and make sure that they record it and that they fill out some type of accident report. It’s suggested that you get a copy of the slip and fall accident report before you leave the scene if that’s possible.

If you slip or trip and fall on a homeowner’s property, you need to limit how much you talk to them. You can certainly tell them that you fell. Try not to get emotional or angry and try to avoid arguing. Again, the most important thing is getting treatment for your injuries. If you can, or a friend or family member can, take photos of the exact location where you fell or any of the conditions that contributed to or caused your slip and fall. You need to be able to take notes or recollect the conditions at the time that it happened. Photos are very helpful in determining who’s responsible and what actual condition caused your injuries or caused you to fall.

For example, a homeowner could shovel or salt his or her sidewalk within hours of his or her slip and fall. If there are no photos, you won’t be able to prove the condition of the area at the time it actually occurred. Other things to do after a slip and fall include collecting the names, addresses, and phone numbers of any witnesses, placing the shoes or clothing that you were wearing at the time of the accident in a safe place. Make sure that after a slip and fall accident you speak with an attorney before you talk to an insurance company or sign any paperwork presented to you, otherwise you may give up your rights to be compensated. A lot of insurance companies offer to pay your medical bills and ask you to sign papers so that they will prevent any claim from occurring.

How long do slip and fall settlements take?

The amount of time it takes to resolve a slip and fall case depends usually on the amount of treatment that is needed by the injured party. Obviously, the longer medical treatment is undergone, the longer it will take to resolve and then it also depends on whether or not the case can be resolved in a pre-suit stage or whether it needs to be litigated and tried. These factors depend on the specifics of the case as far as whether or not liability is clear, the extent of the medical damages, and how willing the insurance company is to make a fair a reasonable offer to resolve your claim.

What is a slip and fall case worth?

In most instances, no one can actually tell you what your slip and fall claim is worth until the facts have been investigated, the liability or the fault has been established for the person who caused it, the extent of the medical treatment has been concluded, what the extent of the injuries are and how severe the treatment is because of it. All of these are factors that go into determining the value of a slip and fall case. Again, it’s important to consult a personal injury lawyer who has experiencein these types of cases to give you a basic range or a value based upon all these different factors.

How do you win a slip and fall case?

In order to win or recover money for a slip and fall, the most important thing is for the lawyer to be able to show that the property owner was at fault for the accident. That can be done through photographs or through witnesses by proving that the party who caused it was negligent, that they did something that caused the fall, or that they failed to do something to prevent you from falling. These are the most significant factors to assist in winning a slip and fall case.

What happens if you slip and fall in a store?

If you slip and fall in a store, you need to immediately report the accident to a store manager or the person in charge of the store where you fell. If you’re busy being treated by emergency medical personnel, you need to call back to the store to make sure that they’ve recorded it on an incident or accident report. Ideally, you need to obtain a copy of that report before you leave the scene or make sure that a friend or family member gets a copy of that report.

How do you file a slip and fall claim?

To file a slip and fall claim, it begins with making sure that there’s an incident or accident report completed at the location wherever you may have fallen, and then to present the claim you actually need to contact an attorney. I certainly suggest you contact an attorney after you seek medical attention and then they can assist you in presenting the claim to either the liable party or their insurance company.

If you slip and fall at work can you sue?

If you slip and fall at work normally that is covered under workers’ compensation insurance. You certainly have a right to bring a workers’ compensation claim, but you may lose your right to sue your employer for those injuries. However, if you do slip and fall at work and, for instance, your job is as a delivery person and you fall at someone’s residence or some other place of business or you slip and fall while you’re working, but not at your employer’s own facility, you certainly have the right to not only bring a workers’ compensation claim, but to sue the premises where you fell as well.

Can a slip and fall cause a bulging disk?

A slip and fall can cause a bulging disk. A slip and fall can cause a variety of injuries ranging from broken bones to bulging or herniated disks to traumatic brain injuries. It certainly depends upon how severe the fall was, the distance someone fell, the age or frailty of the individual who actually fell, there are a variety of different injuries that can occur because of a slip and fall.

What is a slip, trip and fall?

A slip, trip and fall is a more descriptive term of how someone may slip and fall. Obviously, there are different causes for someone to fall whether they trip over a particular object or whether they slip because of a substance like a liquid. A slip and fall or trip and fall can occur because of any of these types of things.

How do slip and fall cases work?

When you’ve fallen and it is because of somebody else’s negligence, whether they cause the fall by placing something in your way or something that would cause you to trip that you couldn’t see or whether there is a hole, for instance, that they covered up or something that they

How long after a slip and fall can you sue?

If you had a slip and fall accident, you have a right to sue under a negligence claim in each state depending on the statute of limitations of that particular state. In Florida, for instance, you have a right to bring a slip and fall claim, but it must be done within four years of the date that your fall occurred. After the statute of limitations has a run, you will no longer be able to bring a claim for that slip and fall.

What are the chances of winning a slip and fall case?

The chance of winning a slip and fall case depends on many factors. The liability is the most significant – trying to show that the premises or the maintenance of the premises or whatever caused you to fall could have been prevented as well as the extent of your injuries, the treatment that you received, all of these factors are looked at when determining your chances of winning a slip and fall case.

Most slip and fall cases can be resolved with the at-fault party or their insurance carrier without the need for a lawsuit, but a small percentage of them require that a lawsuit be filed and tried in front of a jury. Chances of winning are best determined by a personal injury lawyer who has experience in handling slip and fall cases.

What is the statute of limitations for a slip and fall case?

In Florida, it’s a four-year statute of limitations from the time the accident occurred unless the accident resulted in a death and then a wrongful death statute in Florida has a two-year statute of limitations.

What is a fair settlement for a slip and fall?

A fair settlement for a slip and fall case depends on a variety of factors. Again, trying to prove the liability of the at-fault party and then even more so the type of injuries you sustained and the treatment that you obtained. We normally look at how severe your injuries were, whether those injuries have healed or can heal, whether you lost time from work and have lost wages and what type of care you’re going to receive in the future. All of these factors are looked at to determine what a fair settlement value for a slip and fall case is. Speaking with a plaintiff’s personal injury lawyer who has experience handling slip and fall cases will help you to determine what a fair settlement value will be.

What should you do when you slip and fall in a restaurant?

When you slip and fall in a restaurant, similar to slipping and falling in a store, you need to alert the store manager, the restaurant manager, someone in charge of the restaurant to make sure that a report is completed and obtain a copy of that report if you can before you leave the scene. If you’re being treated by emergency medical personnel and a report is not done, make sure that you call at some point in the future and get a copy of the report or make sure that a report was completed as well as to make sure that you get any witness names, phone numbers, and addresses if possible.

Who is responsible for a slip and fall accident?

Responsibility for a slip and fall accident depends on how the slip and fall occurred. It depends on who the property owner is. If you’ve fallen at someone else’s property, we need to determine who actually owns the property or who is required to maintain the property in a safe and responsible manner.

Additionally, if you’ve been injured, you have a duty to watch where you’re going and to recognize if there are things that fall or spill on to surfaces. You have some responsibility yourself to make sure that the pathways in which you’re walking, if it’s obvious that there’s a problem, that you avoid it, but if it’s something you can’t avoid and you fall, it is the responsibility of the property owner or the facility that is utilizing the property. The amount of liability varies depending upon your actions as well as the actions of the premises owner.

What if the accident is partly my fault, can I still make a claim?

Even if an accident or injury was partially your fault, you still may have a claim based on the concept of comparative negligence or contributory negligence. Those terms describe the actions of an injured person that also caused their own injuries.

For example, a person who ignores a “Caution” or “Wet Floor” sign and slips and falls in a supermarket may be found to have been careless and at fault for their own injuries. However, the fact that the sign was there or was placed improperly or wasn’t around the area where the floor was actually wet or wasn’t clearly visible could mean that the property owner may also be responsible. You have a right to bring a claim even if you are partially at fault.

Contact a Florida Personal Injury Lawyer Today

At Steinger, Greene and Feiner, our experienced personal injury lawyers have the strong legal backgrounds and extensive legal knowledge that you need to have the best chance of a successful personal injury claim. Whether you are negotiating a settlement outside of court or proving your claim to a jury, you can trust us to use our legal skills to help you get the best outcome possible.
Contact Us
Call today for Free Case Consultation

Locations

  • 1645 Palm Beach Lakes Blvd #900, West Palm Beach, FL 33401

  • 2727 NW 62nd St, Fort Lauderdale, FL 33309

  • 2333 Ponce de Leon Blvd #920, Coral Gables, FL 33134

  • 507 NW Lake Whitney Pl, Port St. Lucie, FL 34986

  • 210 NW Park St, Okeechobee, FL 34972