Slip-and-fall accidents are unexpected and can lead to serious injuries, such as broken bones, head trauma, and back and spine issues. In fact, fall accidents are among the top three causes of preventable injury-related deaths, according to the U.S. Bureau of Labor Statistics.
When these incidents happen due to a property owner's negligence, the injured person may be entitled to compensation for medical bills and other losses. However, the property owner and their insurance company may dispute the claim or attempt to pay less than what is deserved.
Navigating the complexities of a personal injury claim in slip-and-fall cases can be challenging, making it essential to take prompt action and follow specific steps to protect one's rights.
A knowledgeable fall accident lawyer can guide the injured person through the process, helping them gather essential evidence, such as medical records and accident reports, to build a strong case.
What to Do after a Slip-and-fall Accident
Following a slip-and-fall accident in Missouri, the injured individual must take specific steps to protect their rights and ensure the best possible outcome for their case. Here are the essential steps to consider:
1. Seek Immediate Medical Attention
Regardless of the perceived severity of the injuries, getting immediate medical treatment is essential. Not only does this ensure proper care for the injuries sustained, but it also documents the connection between the fall accident and the injuries.
Delaying medical treatment might lead to the insurance company or property owner questioning the severity of the injuries or attributing them to another cause.
2. Inform Relevant Parties of the Incident
In the aftermath of a slip-and-fall accident, it is crucial to quickly inform the appropriate individuals. This may include the property owner, manager, or other personnel responsible for the location where the fall occurred. Timely reporting of such incidents can significantly impact the outcome of a potential personal injury lawsuit.
As soon as possible after the accident, make sure the management or property owner is aware of the situation and any fall injuries sustained. If the accident happened at a business establishment, it is important to request an accident report. Should the police be involved, inquire about getting a copy of their report as well.
Emergency personnel might transport the injured person to a hospital for treatment. In this situation, a friend or family member should report the incident to the property owner or manager.
This communication should happen as soon as possible, as juries may be skeptical of slip-and-fall incidents that were not reported promptly. While a case may still be legally valid, a jury might award significantly lower damages if someone doesn't report the incident right away.
3. Collect Photographic Evidence
Collecting photographic evidence can significantly bolster a potential personal injury case in the aftermath of a slip-and-fall accident. It's essential to document both the site of the fall and any suffered injuries.
Taking numerous, high-quality photos of the accident site from various angles can prove invaluable. Capture wide-angle shots of the entire area to demonstrate the absence of warning signs and close-ups of any hazards that contributed to the fall. If the slip-and-fall occurred due to a wet or slippery surface, it is crucial to photograph the area before it is cleaned or altered.
Similarly, documenting any injuries sustained in the accident is essential. Photos of bruises, cuts, broken bones, bandages, and other visible signs of injury can be powerful evidence in a personal injury lawsuit. Since many of these injuries may heal quickly, capturing visual proof early on can lead to a more favorable outcome in court.
Preserving and photographing clothing worn during the accident is also crucial. Property owners or their legal representatives may argue that the clothing, such as long skirts or high heels, contributed to the slip-and-fall.
Photos of the attire can help refute these claims and demonstrate that the injuries were not self-inflicted. Additionally, the victim should document any damage to clothing from the accident and set aside the garments for potential use as evidence in a trial.
4. Gather Witness Information
In a slip-and-fall accident, gathering contact information from witnesses can be a critical component of building a strong personal injury case. Witnesses serve as neutral third parties with no vested interest in the outcome, which lends credibility to their statements about the incident.
Also, witness accounts can provide an unbiased perspective as the injured party and the property owner may have different memories of the accident.
It is vital to collect the names, physical addresses, email addresses, and phone numbers of any witnesses present during the accident. This information will enable an experienced personal injury attorney to contact them and get official statements regarding the events leading to the slip-and-fall.
In addition to collecting witness contact information, it may be helpful to note any store employees who were in the area, witnessed the fall or completed an accident report. If a witness mentions that similar incidents have occurred in the past, it is crucial to remember this detail and secure their contact information for further investigation.
Furthermore, in some cases, using a recording device, such as a smartphone, can be advantageous for capturing witness accounts following the accident. These initial impressions can provide valuable insights into the circumstances surrounding the slip-and-fall incident.
5. Stick to Medical Appointments and Treatment Recommendations
After a slip-and-fall accident, individuals must prioritize attending their medical appointments and following the prescribed treatment plan.
A consistent pattern of missing medical appointments may lead a jury to assume that the injured party was not severely affected or had already recovered if the victim skipped their appointments.
Similarly, if an individual refuses recommended treatment, it may be perceived as a lack of commitment to their recovery, which can weaken their case.
It is essential to follow the doctor's recommendations to ensure a strong personal injury case. However, one exception may be the use of pain medication as a primary form of treatment.
Suppose a healthcare provider suggests pain pills as the main course of action. In that case, it is advisable to explore alternative treatment options, such as physical therapy, chiropractic care, injections, or even surgery in more severe injury cases.
By pursuing these alternate treatments, the injured party demonstrates their dedication to healing and may gain the jury's sympathy.
6. Be Cautious When Providing Statements and Using Social Media
After the accident, victims must be cautious when giving statements to property owners, witnesses, or insurance adjusters. In many cases, the property owner's insurance company may attempt to obtain a recorded statement.
However, it's probably best to abstain from providing any verbal statements to these parties. The initial written report should suffice until further legal guidance is obtained.
People involved in these accidents should maintain a composed behavior while on the scene, refraining from blaming anyone for the incident or responding to accusations of negligence. If an insurance agent contacts them to obtain a statement, they should politely decline until consulting with a personal injury attorney.
Speaking to the property owner or landlord about the accident without an attorney's guidance could potentially harm the case, as words may be misconstrued or used against the injured party.
Moreover, discussing the case on social media platforms can significantly threaten a fair settlement. Sharing details of the accident may waive attorney-client privilege, undermining the individual's legal position. Also, it is crucial to avoid revealing any information about the accident on social media.
7. Consult with an Experienced Slip-and-fall Attorney
It is crucial to seek legal advice from an experienced attorney specializing in these cases. There are several reasons to consult an attorney after sustaining injuries in a slip-and-fall incident.
Firstly, if the injuries are severe, an attorney can help secure the deserved compensation to cover medical expenses, lost wages, and other damages. Secondly, even in cases with less severe injuries, a skilled attorney can negotiate with the property owner or their insurance company to obtain a fair settlement.
Thirdly, by holding the responsible party accountable, a slip-and-fall attorney not only assists the injured individual but also helps prevent future accidents due to someone else's negligence.
An experienced slip-and-fall attorney can provide valuable guidance on legal rights and options, answer questions related to local laws, and tailor their approach to the unique circumstances of each case. Powell Law Firm can answer questions like, "Who is liable after a Missouri slip and fall accident?"
Their role includes handling paperwork, monitoring deadlines, and keeping the injured party informed throughout the process.
Ultimately, those who have suffered from a slip-and-fall accident should not be burdened with medical expenses and lost income due to someone else's negligence.
By working with a knowledgeable attorney, injured individuals can obtain the support they need to navigate the legal process and secure the compensation they deserve.
The Bottom Line
Slip-and-fall accidents can result in significant physical, emotional, and financial consequences. Following the right steps after such an incident is crucial to protect one's rights and securing fair compensation.
From seeking medical attention to consulting an experienced slip and fall law firm in St Louis, taking immediate action can make all the difference in the outcome of a personal injury claim.
Moreover, by being proactive and informed, individuals can navigate the complexities of slip-and-fall cases more effectively and ensure that justice is served.
When involved in an accident or faced an injury in St. Louis, Missouri, don't hesitate to reach out to our skilled professionals at Powell Law Firm for dedicated legal representation and support.
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