Slips and falls are common occurrences, but they can lead to serious injuries and expensive medical bills. Many people avoid seeking legal help after a slip or fall because their injury seems minor, only to later discover that they have a chronic or major injury. If you have experienced a slip or fall, it’s best to contact a personal injury lawyer as soon as possible.
Once you’ve connected with a lawyer, you can follow the tips below to find out how to obtain a slip and fall settlement.
Step 1: Do You Have a Case?
Before you decide to take a property owner to court because of an injury, it’s important to be sure that you have a case. A personal injury lawyer is indispensable in helping you determine this.
As a starting point, you can educate yourself on factors the court will consider in order to determine whether the property owner is at fault. First, the court will consider whether the property owner caused the unsafe conditions and whether they did as much as possible to prevent your slip or fall from occurring, such as making repairs.
They will also take into account whether the owner was aware of the dangerous conditions that caused the accident. If the owner was not aware, it will be more difficult to make a case. To determine awareness, the court will consider whether a reasonable person would have noticed the issue and fixed it. If the owner noticed the problem that caused your injury but failed to fix it, especially if they had reasonable time to fix it, the court may hold the owner responsible.
On the other hand, the court will also take into account whether you were in any way responsible for your injuries. For example, if you did not pay attention to a hazard you should have easily seen, you could be seen as being responsible for your injuries.
Step 2: Document the Accident
It is essential to document as much as you can about the accident immediately after it happens, when everything is fresh in your mind. This detailed preliminary report will also help your lawyer to make your case if you choose to hire one.
First, note whether the accident occurred on a residential or a commercial property and describe the circumstances of the accident in writing. Write down the details of the accident right away, so you can capture what happened as vividly as possible. Make sure to note any issues with the location where you fell such as torn carpet, missing railings, or problems with stairs, sidewalks, lighting or flooring. If the accident occurred outdoors, make note of weather conditions that may have caused the accident.
Also, keep the clothing and shoes you were wearing at the time of the accident in a safe place. This is to ensure that the property owner cannot blame your shoes or clothes for causing the accident.
If witnesses saw the accident, take statements from them about what happened. Also, write down their contact information in case you or your lawyer needs to get in touch with them.
Next, take photos of the spot where you fell from several angles at the same time of day when the accident happened. Do this as soon as possible, before the owner has the opportunity to fix the problem. If you cannot take photos because you are in the hospital, ask a friend or family member to do so.
Finally, record how the owner or employees responded to you after your slip or fall. If they offered to pay your medical bills or apologized, your lawyer may be able to use these statements as evidence that they admitted fault.
Step 3: Gather Additional Evidence
Once you leave the scene of the accident, there is additional evidence to gather.
Take photographs of your injuries immediately after the accident and in the days that follow as bruises appear. Also, photograph any clothing that is damaged or blood stained as this may persuade the court that your injuries are severe.
In addition, make sure to seek medical attention immediately, regardless of the severity of your injuries. Make an appointment with a licensed M.D. rather than a chiropractor or practitioner of alternative medicine, as an M.D.’s opinions will be more credible in court.
Mention all sources of pain or injury to your doctor. Even if your injuries are not immediately apparent to you, your doctor will know how to identify them. Your doctor will also document your injuries, so you can use these records as evidence. Don’t forget to make note of all follow-up visits and treatments you undergo.
Step 4: Find a Personal Injury Lawyer
After a slip or fall accident, a personal injury lawyer can help you better understand your rights, build a stronger case, and ultimately get you the maximum compensation possible.
First, look online, in the phone book, or contact your provincial bar association to find personal injury lawyers in your area. Also, ask friends and family for recommendations and read online reviews.
Next, book a free consultation with a personal injury lawyer. Most lawyers offer free consultations and will work on a contingency fee basis where they do not get paid unless they win your case. Your lawyer will get a percentage of the compensation you are awarded, but you will owe nothing if the lawyer loses your case. Make sure to agree on a percentage before you hire any lawyer to take your case.
Step 5: Prepare Your Case
The more evidence you can provide your lawyer with, the more smoothly and successfully your case will proceed. Make sure to give your lawyer as much information as possible about your accident and injuries. Bring photographs, witness statements, notes you made, and medical records with you to your first meeting.
When you meet with your lawyer, honesty is the best policy. Tell your lawyer everything about your case, even if it reflects poorly on you. This will help your lawyer know what the defense might bring up and prepare a strong response. If you lie to your lawyer, they may refuse to represent you at any time.
Take your lawyer’s advice throughout the trial or settlement process. Your lawyer is the expert in this situation and any advice is intended to help you sway the jury and receive a favorable settlement. Advice may include everything from what to wear in court, to how to behave. Even if your lawyer’s recommendations seem irrelevant to you, you should still follow them.
Always act professionally and politely during the negotiation process, as this can improve the settlement you are offered. If a settlement is offered that you feel is unfair, you or your lawyer can reject it and negotiate a higher settlement.
Make sure to discuss any settlement offers with your lawyer and find out how much your lawyer feels you can recover. Your lawyer will advise you if a settlement offer is likely to be the most you will be able to recover, so you can seriously consider settling. However, the ultimate decision is up to you and you do not have to agree with your lawyer’s recommendations.
These tips should be helpful in helping you achieve a successful slip and fall settlement. It’s best to seek legal advice immediately after your accident to avoid problems down the road.
If you have been injured in a slip or fall, speak to a slip and fall lawyer right away.
