The complete slip and fall action plan: 10 Critical steps to protect your legal rights

Slip and fall incidents do not choose their surroundings; they can happen in a parking lot, at a grocery store, in someone’s home, or at work. While tripping over something may cause some minor injuries, it can also be something severe that may have prolonged consequences. According to the National Floor Safety Institute (NFSI) in the US, it is reported that emergency room visits due to slip and fall injuries exceed 1 million each year. 

So, if you sustained slip and fall injuries, taking the right action right after the event makes a great difference in obtaining medical attention, strengthening your legal position, and securing a fair settlement. This action plan outlines 10 essential steps you need to follow to act on your legal rights.

Step 1: Seek medical attention immediately 

Health must be a priority. Even though your injuries seem minor, it is essential to immediately seek proper medical aid because underlying symptoms of fractures, soft-tissue injuries, and concussions may not be apparent right away. Only a thorough medical examination can reveal and generate a full diagnosis and report of your injuries. This is a critical document for any potential claim.

Tip: Do not be lazy. The insurers and defense attorneys might argue regarding the gap between the incident and the treatment, implying that your injuries are not severe or not associated at all.

Step 2: Document the incident scene

Right after the incident, if you are physically able, remember to take detailed photos of the location of the fall. Capture potential hazards like uneven surfaces, poor lighting, wet floors, debris, or missing warning signs clearly. It is better to take wide-angle and close-up shots.

Plus, try to collect contact information if there are any witnesses. Their statements would support your account of the incident and may also be critical going forward if liability is disputed.

Note: Slip and fall accidents happen mostly due to negligence. This is why a thorough documentation serves as a first line of defense.

Step 3: Report the incident right away

Report the incident directly to the supervisor, manager, or property owner as soon as you can, and also ask for a complete, detailed formal incident report. Keep a copy of it for future needs. 

Now, if the accident happened in a public facility or a business, they most probably have a protocol to follow for such incident reports. You just have to be factual, do not make haste in emotional distress. Do not place direct blame in the report; just record what happened in detail, when, and where. 

Step 4: Preserve evidence

Remember not to wash or discard the clothes and shoes you were wearing during the slip and fall accident. They can be used as evidence supporting your claim, as they may contain possible signs of the hazard, such as residue or grease from a wet floor. Collect and preserve them in a sealed bag. If you may have gotten hold of any physical objects, like a broken handrail segment from the incident scene, store them safely as well.

Note: It would also be wise to maintain a pain journal where you can document your medical appointments, emotional impacts, other physical symptoms, and how the injury influenced your daily life.

Step 5: Be careful with your statement

Anything you say regarding the accident can be used against you in court. Therefore, be cautious when interacting with the property owners, insurance adjusters, or opposing lawyers. Do not make the mistake of admitting fault in any way or speculating about the cause of the fall. If your lawyer is absent at the moment, politely decline to have any statement recorded.

Note: Refrain from posting anything about the fall and slip incident on your social profile. Defense lawyers tend to scour public profiles for content to dispute your claim.

Step 6: Consult a personal injury lawyer

Slip and fall cases, when they reach court, get legally complex since local laws, liability, and comparative negligence differ by jurisdiction. Hiring a seasoned personal injury attorney can represent and help investigate your claim, collect evidence, and negotiate better with the insurers to maximize your compensation. Since many lawyers offer free consultations and work on a contingency rule, they receive their due payment only if you win the case, increasing the chances of success.

Step 7: Know the damages you are entitled to

Compensation in slip and fall accidents not only covers immediate medical bills, but extends to significant non-economic losses as well. That means you are also entitled to receive compensation for:

• Future medical expenses
• Disability or disfigurement 
• Lost salary and reduced earning capacity 
• Emotional distress
• Pain and suffering
• Loss of normal lifestyle and enjoyment

An expert lawyer can help you determine both economic and non-economic damages, guaranteeing that you are not undervalued.

Step 8: Be aware of common defense strategies

It would be wise to learn about the different strategies that property owners and insurers might attempt to avoid further liability:

• Lack of notice: Pretending to be unaware of the situation or condition in time to resolve it.
• Open and obvious hazard: They may counter that the hazard was visible and apparent.
• Comparative fault: They may claim that you were partly at fault, stating underhanded reasons.

You must anticipate such tactics to build a strong rebuttal.

Step 9: Complete your treatment schedule

Maintain your credibility by genuinely following the medical advice and completing your appointments. If not, the insurers may dispute that you weren’t seriously injured or that your injuries worsened due to your actions. Other than that, following your treatment plan also ensures speedy recovery.

Step 10: Remember the deadlines

Slip and fall lawsuits in Oklahoma are subject to a statute of limitations of 2 years. You must file your claim before the passing of this legal timeline. What’s more, lawsuits against government entities have even shorter timelines and more complex processes. If you miss this deadline, your right to settlement will be permanently barred. 

Last words

Events like slip and fall accidents can overturn your life in an instant. But by thoroughly following this action plan, you can protect your legal rights and increase the chances of securing your deserved compensation. Just remember to not navigate the aftermath alone; partner with an expert personal injury attorney to proceed with your claim strongly.