Insight

5 Mistakes to Avoid In a Slip and Fall Lawsuit

Learn how to avoid common mistakes during a slip and fall lawsuit. Report the accident, seek medical attention, gather evidence and speak to an attorney.

Yellow caution sign with blue wet floor background
Best Lawyers

Best Lawyers

March 16, 2023 09:00 AM

If you've been injured in a slip and fall accident, you may be entitled to compensation for your injuries. However, slip and fall lawsuits can be complex, and there are many common mistakes that can hurt your case. In this blog, we'll discuss five common mistakes to avoid during a slip and fall lawsuit.

Whether you have had a slip and fall at a store or in a street, or the accident occurred at work, you need to be aware of what to do to get a proper slip and fall settlement amount.

If the incident occurs at work, then a workers’ compensation claim will be in order. But filing as a worker has its own pitfalls, and many feel wary of suing their employer.

In other cases, you may not know who is to blame if the fall occurred outside a store, due to wet floors or on a public sidewalk.

Slip and fall cases are common, but so are the mistakes you can make when you try to file a slip and fall lawsuit. Payout for economic damages, pain and suffering, as well as physical and emotional healing can hopefully be achieved by avoiding the following five mistakes during your lawsuit.

Mistake #1: Failing To Report the Accident

One of the most common mistakes that people make after a slip and fall accident is failing to report the accident to the property owner or manager and making them aware of the premises liability.

It's important to report the accident as soon as possible so that the property owner can take steps to correct the hazard and prevent future accidents. Without a proper accident report, it can be difficult to prove that the accident occurred on the property. It's also important to keep a copy of the incident report for your records.

Mistake #2: Failing To Seek Medical Attention

After a slip and fall accident, you may feel that your injuries are minor. However, it's important to seek medical attention as soon as possible to assess the severity of your injuries

Some injuries may not show up immediately, and failing to seek medical attention can make it difficult to prove that you were injured as a result of the accident. Additionally, getting prompt medical attention can help prevent your injuries from getting worse.

Mistake #3: Waiting Too Long to File a Lawsuit

Most states have a statute of limitations for slip and fall lawsuits. This means that you only have a certain amount of time to file a lawsuit after the accident. If you wait too long to file a lawsuit, your case may be dismissed, and you may lose your right to seek compensation for your injuries.

It's important to speak with a slip and fall lawyer as soon as possible after the accident to ensure that you file your lawsuit within the statute of limitations. The slip and fall lawsuit process may be slow, but if you have the right attorney on your side, you have a better chance of getting the best slip and fall lawsuit settlement amount.

Mistake #4: Failing To Gather Evidence

After a slip and fall accident, it's important to gather as much evidence as possible to support your case. This may include taking photos of the scene, getting witness statements and obtaining any medical records related to your injuries.

Failure to gather evidence can hurt your case and make it difficult to prove the property owner responsible for injuries sustained as a result of improper conditions like wet floors and uneven sidewalks. Additionally, it's important to keep a record of any expenses related to the accident, such as medical bills and lost wages.

Mistake #5: Talking to Insurance Companies Without an Attorney

After a slip and fall accident, you may receive a call from the property owner's insurance company. It's important to remember that insurance companies are in the business of minimizing payouts, and they may try to get you to settle for less than you deserve.

Before speaking with an insurance company, consider talking to an attorney. An attorney can help you negotiate with the insurance company to ensure that your rights are protected and help you receive fair compensation for your injuries.

Slip and Fall Accident Lawsuit Takeaways

Slip and fall accidents can result in serious injuries, and it's important to take the necessary steps to protect your rights. If you've been injured in a slip and fall accident, report the accident to the property owner or manager, seek medical attention, gather evidence and speak with an attorney before talking to an insurance company.

By avoiding these common mistakes, you can increase your chances of receiving fair compensation for your injuries.

Slip and fall accidents can happen to anyone, anywhere, at any time. Whether it's a slippery floor, a pothole or an uneven surface, a slip and fall accident can result in serious injuries that can have long-lasting consequences.

Headline Image: Unsplash/Oliver Hale; Adobe Stock/Cozine

Related Articles

The Role of a Lawyer in the Slip-and-Fall Settlement Process


by Best Lawyers

Let’s examine the role of a lawyer in the slip-and-fall settlement process and how they can help you achieve a fair and just outcome for your case.

Unseen man with wrap on wrist sits across from woman in suit

IN PARTNERSHIP

How to Deal with the Aftermath of a Car Accident


by Mark Roman

A crash can have physical, psychological and financial consequences. Here are five steps to take to effectively deal with the aftermath of a car accident.

Woman on phone surveys damage to vehicle

IN PARTNERSHIP

What Is Contributory Negligence and How Does It Affect My Alabama Injury Case?


by Keith Belt

Injured in a car accident in Alabama? Based on the theory of contributory negligence, your role in the accident can affect your ability to collect post-trial.

Worker on construction site steps on nail

IN PARTNERSHIP

How to Make Sure You Get the Maximum Compensation for a Personal Injury Claim


by John P. Ford

This article discusses the numerous factors that affect a personal injury settlement and tips for how to maximize compensation in a personal injury claim.

Stethoscope sitting on top of money and medical form

One of NY’s Top Personal Injury Lawyers on 2 Surprising Trends Transforming the Industry


by Gregory Sirico

Lawyer Jeff Korek talks emerging personal injury law trends in IVF litigation and trial scarcity.

Doctor consoles couple in medical office

IN PARTNERSHIP

More Experience, More Results


by John Fields

New York-based powerhouse Morelli Law Firm has secured more than $1 billion in verdicts and settlements for injured clients. Read more about the firm below.

Three lawyers in suits pose for picture with cityscape in background

Scarlett Law Group: Mastering TBI Trial Law


by Justin Smulison

Randall H. Scarlett shares successes in traumatic brain injury cases, fueling Scarlett Law Group's growth across Northern California with specialized insights.

Two lawyers, suited, standing in front of law firm sign

One of the Greatest Ever...


by Justin Smulison

Steve Yerrid, a top catastrophic injury lawyer, has secured over 300 verdicts of $1M+ and has been recognized as "Lawyer of the Year" multiple times in Tampa.

Lawyer in blue suit poses in office for headshot

How a New Maryland Bike Safety Law Honors a Client’s Legacy


by Justin Smulison

Four-time Lawyer Of The Year Patrick Regan discusses how a client’s bicycling tragedy led to a result that improved Maryland traffic law to protect riders.

Group of lawyers posing for a photo

IN PARTNERSHIP

Factors That Affect the Value of Personal Injury Settlement in Louisiana


by John W. Redmann

Permanent injuries resulting from an accident can cause lasting physical or economic damage. Louisiana lawyer John W. Redmann dives into the settlement process.

Lawyer out of view holds pen over contract

IN PARTNERSHIP

California Car Accident: How To File a Personal Injury Claim


by Robert T. Simon

Several steps are involved in filing a personal injury claim after a car accident in California. Read this article to learn about your legal rights and options.

Two lawyers meet to go over legal case

IN PARTNERSHIP

Proving Negligence in a South Carolina Personal Injury Case


by Wyche and Wyche

In South Carolina, as in other states, there are specific elements of negligence that must be established for a successful personal injury claim.

How to Prove Negligence in a South Carolina Personal Injury

IN PARTNERSHIP

How Much Time Do I Have to File a Personal Injury Lawsuit in Kentucky?


by Jay Vaughn

If you or a loved one has suffered due to someone else's actions, depending on the state, personal injury claims could still be a viable legal option.

Hand holding gavel strikes down bench with people in backdrop

IN PARTNERSHIP

Battle-Tested Dedication for Truck Wreck Victims


by The Law Offices of Frank L. Branson and The Law Offices of Frank L. Branson

Courtroom legend Frank L. Branson and his team give a voice to the voiceless, representing victims of catastrophic trucking and motor vehicle accidents.

Man in suit stands with hands on chair

IN PARTNERSHIP

Common Personal Injury Claims and the Importance of Hiring a Lawyer


by Joshua Michael Palmintier

The Palmintier Law Group sheds light on why it's crucial for individuals to hire legal representation when facing one of many different personal injury claims.

Hard hat on the floor with person in the background

IN PARTNERSHIP

Should I Hire a Lawyer After a Car Accident in Lawrenceville?


by Yari D. Lawson

If you or a loved one have suffered from a crash, here’s why hiring a car accident lawyer in Lawrenceville, GA, is a good idea to ensure you get compensation.

First responders assessing a car accident scene

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights.

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Discover The Best Lawyers in Spain 2025 Edition


by Jennifer Verta

Highlighting Spain’s leading legal professionals and rising talents.

Flags of Spain, representing Best Lawyers country

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

How to Increase Your Online Visibility With a Legal Directory Profile


by Jennifer Verta

Maximize your firm’s reach with a legal directory profile.

Image of a legal directory profile

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Paramount Hit With NY Class Action Lawsuit Over Mass Layoffs


by Gregory Sirico

Paramount Global faces a class action lawsuit for allegedly violating New York's WARN Act after laying off 300+ employees without proper notice in September.

Animated man in suit being erased with Paramount logo in background

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

The Future of Family Law: 3 Top Trends Driving the Field


by Gregory Sirico

How technology, mental health awareness and alternative dispute resolution are transforming family law to better support evolving family dynamics.

Animated child looking at staircase to beach scene

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipment

Social Media for Law Firms: The Essential Beginner’s Guide to Digital Success


by Jennifer Verta

Maximize your law firm’s online impact with social media.

3D pixelated thumbs-up icon in red and orange on a blue and purple background.

Introduction to Demand Generation for Law Firms


by Jennifer Verta

Learn the essentials of demand gen for law firms and how these strategies can drive client acquisition, retention, and long-term success.

Illustration of a hand holding a magnet, attracting icons representing individuals towards a central

ERISA Reaches Its Turning Point


by Bryan Driscoll

ERISA litigation and the laws surrounding are rapidly changing, with companies fundamentally rewriting their business practices.

Beach chair and hat in front of large magnify glass

The Litigation Finance Mass Tort Gold Rush


by Justin Smulison

Third-party litigation funding is transforming mass torts, propelling the high-risk area into a multi-billion-dollar industry

Gold coins with data chart backdrop