How to File a Slip and Fall Claim

How to File a Slip and Fall Claim

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How to File a Slip and Fall Claim

Knowing how to file a slip and fall claim correctly and on time can be critical for getting what you deserve when you are hurt due to the carelessness of a property or business owner. However, filing a personal injury claim on your own can be challenging and intimidating. The other side may fight your claim aggressively with a team of attorneys. Moreover, dealing with the stresses and demands of the claims process can be counterproductive for your healing and recovery.

You are in good hands when Morgan & Morgan handles your slip and fall case. We have the resources, experience, and skills to fight hard and tenaciously for what injured victims deserve. If you suffered an injury due to no fault of your own, you deserve justice. Moreover, you could be entitled to damages for missed wages, medical expenses, pain and suffering, and more. Get in touch now for a free consultation to determine whether you qualify for compensation.

The Process of Filing a Slip and Fall Claim

You might be eligible to file a slip and fall claim if you suffered an injury due to the negligent conduct of a property or business owner. While the process of how to file a slip and fall claim can vary slightly from one state to another, the general steps are as follows:

  1. Contact the property owner and file a claim with their insurance company
  2. Draft a summons and complaint letter
  3. File your case and pay the appropriate court filing fee

Litigation generally begins when the plaintiff, the person bringing the claim, files the court complaint and delivers a copy to the defendant. The complaint describes what happened and how the defendant’s actions or inactions caused the plaintiff’s injuries and damages.

The defendant must then file an answer within a specific time, providing his side of the dispute. The defendant may ask the court to dismiss the complaint, leading to amended complaints and amended answers. After the lawsuit is officially filed, the next stage will be “discovery,” where both sides exchange evidence and facts about the case.

A Slip and Fall Lawyer Can Help

Self-represented claimants risk being unsuccessful with their claim for several reasons, such as:

  • Not knowing the proper process for filing a slip and fall claim
  • Making mistakes when completing and filing the required paperwork
  • Drafting a weak or incorrect complaint letter
  • Missing the crucial deadline for filing their claim
  • Accepting a lowball settlement offer from an insurer

Taking on a claim or lawsuit can feel stressful and overwhelming. There are many steps to the legal process, and all require great care and timely action. Having a dedicated slip and fall lawyer by your side can be critical for receiving what you deserve. An attorney at Morgan & Morgan can take charge of the entire legal process while you are healing from your injuries.

Common Injuries in Slip and Fall Claims

According to the Centers for Disease Control and Prevention (CDC), more than 800,000 individuals are hospitalized annually due to fall injuries. According to the agency, falls are the leading cause of hip fractures and traumatic brain injuries (TBIs). Other common injuries in falls can include:  

  • Fractures
  • Cuts and scrapes
  • Spinal cord damage and paralysis
  • Herniated discs
  • Nerve damage
  • Internal injuries
  • Concussions
  • Neck and shoulder injuries
  • Facial and dental injuries

Many of the more severe injuries in a slip and fall can cause astronomical and ongoing medical costs. Moreover, a prolonged recovery can lead to significant wage losses. If you or a loved one are affected, Morgan & Morgan could help you hold the responsible property owner accountable and fight for the compensation you need to get your life back on track.

What to Do After a Slip and Fall Injury

If you or a loved one get hurt on another’s property, such as a restaurant or grocery store, taking the following steps can help to protect your legal rights.

Report Your Injury

Reporting your accident and injury to the business or property owner immediately is critical. Doing so will document the accident, meaning you will have a record and evidence of it happening. Try to obtain a copy of the accident report for your records.

However, refrain from discussing your fall with the property owner or business personnel other than filing the report and giving an initial description. Anything you say now could later be used against you. Therefore, it is vital not to make any remarks that could be interpreted as you admitting fault for the accident, such as “ I forgot to wear my glasses.”

Gather the Contact Details of Witnesses

If anyone saw your slip and fall or helped you afterward, try to collect their names, addresses, phone numbers, and email addresses before leaving the accident scene. Witness statements can be essential for your claim if you hope to recover compensation from the responsible party.

Collect Evidence of the Accident and Injuries

Proper evidence will be crucial for your slip and fall case. If you can, take pictures and videos of the location and the reason for your fall. It is also an excellent idea to take photographs of your injuries. Some injuries, such as bruises and cuts, may heal quickly, making it challenging to visualize the actual extent of your injuries and pain and suffering later on.

Documenting the Hazardous Condition

If there is any evidence of the dangerous condition, ensure to document it. Critical evidence could include the following:

  • The exact nature of the hazard (photograph it if possible)
  • How long had the danger existed and remained unaddressed before your fall
  • Whether other visitors or patrons reported the hazard before your fall
  • Whether another individual suffered an injury due to the same dangerous condition

Recording such details can help your case immensely. Unfortunately, the evidence could be lost forever unless you document it immediately at the accident scene.

Seek Medical Treatment

If you did not receive emergency medical treatment at the scene of your slip and fall, see a doctor as soon as possible. When visiting your medical provider, explain that you experienced a slip and fall and are seeking treatment for any resulting injuries. Medical records are crucial evidence for your compensation claim. They should demonstrate all injuries and treatments directly related to the fall.

Tell your doctor about all your symptoms, even if they seem minor, as they could stem from underlying conditions. If you develop pain months down the road and require treatment for a condition resulting from the accident, you may have trouble claiming compensation. Getting a thorough check-up immediately after the accident, and telling your doctor about all symptoms you are experiencing, can be essential for recovering a fair settlement.

Contact Morgan & Morgan

Once you have taken all the steps above, and want to move forward with a compensation claim, consider working with an experienced slip and fall lawyer. While it can be tempting to negotiate with the property owner or their insurer on your own, you may settle for much less than what you deserve.

It is critical to note that once you sign a settlement agreement with the responsible party, you are generally barred from filing a lawsuit. An attorney from Morgan & Morgan can scrutinize a settlement offer and ensure you are not getting shortchanged.

Slip and Fall Claim Compensation

If you incurred expenses and injuries due to another’s carelessness or mistakes, you should not be stuck with the damages and bills. You could be entitled to various types of compensation with a slip and fall claim, such as the following:

  • Healthcare costs
  • Medical devices such as a wheelchair, neck brace, or crutches
  • A home health aide
  • Loss of income
  • Out-of-pocket expenses
  • Pain and suffering
  • Emotional anguish
  • Loss of life enjoyment
  • Inconvenience
  • Disfigurement
  • Disability

Knowing your damages and how to file a slip and fall claim can be the keys to recovering a fair settlement. Many victims do not know what they are entitled to and risk leaving money on the table. Morgan & Morgan’s slip and fall lawyers want injured individuals to get the maximum possible compensation so they can manage their lives after suffering a fall injury. 

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • What Are the Main Causes of Slips and Falls?

    Property and business owners must keep premises free of hazards for visitors and patrons. Slip and fall accidents can occur due to dangerous conditions, such as the following:

    • Spillages and debris on floors
    • Bulging and torn carpets
    • Loose rugs
    • Missing handrails
    • Dips or raised areas in floors
    • Missing or inadequate lighting
    • Slippery floor coverings
    • Recently mopped and wet floors
    • Ice and snow accumulations
    • Cracks and potholes in sidewalks
    • Clutter on walkways

    If a property owner puts visitors at risk by failing to remove a dangerous situation, they could be responsible for your injuries and damages. A slip and fall lawyer at Morgan & Morgan can help you discover whether you qualify for compensation. 

  • How Much Time Do I Have to See a Doctor After a Slip and Fall?

    Generally, there is no formal deadline for getting medical treatment after suffering a slip and fall injury. However, you should see a doctor soon after your fall. Leaving it too late to consult a medical provider can sink your compensation claim.

    Firstly, there are general deadlines for bringing a claim, called statutes of limitations, which can be as short as one year in some states. Secondly, if you wait weeks to see a doctor, the other side could use this against you and claim that your injuries have nothing to do with the slip and fall or that you exaggerated your condition. Even if you only experience minor symptoms, getting a medical check-up after a fall is an excellent idea. Doing so can protect your health and your legal rights.

  • Is There a Deadline for Reporting a Slip and Fall Injury?

    While there is no official deadline for reporting your accident to a property owner or business, it is always best to report the incident immediately. Documentation is the key to proving and winning a slip and fall claim. Seeking medical advice, together with reporting your accident, should be your priority. 

  • How Can Morgan & Morgan Help With a Slip and Fall Claim?

    Our determined slip and fall lawyers can be with you every step of the way and handle your claim from beginning to end. We can:

    • Help you get adequate medical care
    • Analyze your accident and identify your legal options
    • Determine all liable parties and avenues for compensation in your claim
    • Collect the necessary evidence proving another’s negligence and liability
    • File a slip and fall claim or lawsuit on your behalf
    • Assess your costs, damages, and future expected expenses to determine a fair settlement amount
    • Negotiate aggressively with the insurer or at-fault party
    • Fight strongly for maximum compensation at trial
    • Work for you for free unless and until we win compensation for you

    The sooner you contact us, the sooner we could help you get the payout you need to pay your bills and move on with your life after a severe fall injury.

  • Morgan & Morgan Fights for People Like You Every Day

    We should not be endangering our health when visiting a property, such as a bar or a grocery store. Business and property owners must remove any hazards in a timely manner or warn of their existence, so we can avoid getting hurt. However, not all property owners act responsibly. Some try to cut corners and save money by neglecting maintenance or staff training, putting their profits before customers’ health. Morgan & Morgan thinks this is wrong. 

    We fight tooth and nail for the injured. Over the last three decades, we have recovered $13 billion in trial verdicts and settlements. We could help you get what you deserve too. Contact us today for a free and confidential case evaluation to identify your next best steps.

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