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

Ontario Personal Injury Claims: How Long Can Clients Expect to Wait?


by Salvatore Grillo

Personal injury lawyer Salvatore Grillo discusses types of personal injury claims and how long lawyers and clients can anticipate wait times for resolution.

Insurance forms and a pen with doctor in background

IN PARTNERSHIP

What Are the Benefits of Hiring a Lawyer After a Car Accident?


by Jamie S. Cogburn

Want to learn more about the benefits of hiring a car accident lawyer? Contact J. Cogburn Law for a free consultation with a Las Vegas car accident lawyer.

Man at desk writing with two toy cars in front of him

IN PARTNERSHIP

Injured in a Car Accident? 7 Steps You Need To Take Immediately


by Mark H. Perenich

Personal injury lawyer Mark Perenich offers advice on the seven most important steps to take immediately after you have been injured in a car accident.

Man and woman in car with airbags deployed and smoke coming from dash

IN PARTNERSHIP

Georgia's Protector


by Justin Smulison

As one of the nation’s leading brain injury authorities, Adam Malone’s legal accomplishments continue to benefit Georgia’s public and its legal community.

Lawyer sitting in a chair with a book posing for photo

IN PARTNERSHIP

Should I Hire a Lawyer After a Car Accident in Brentwood, TN?


by Harlene Labrum

Learn whether you should hire a lawyer after a car accident lawyer in Brentwood, TN. Contact Labrum Law Firm Personal Injury Lawyers for a free consultation.

Road caution sign in front of two wrecked cars

IN PARTNERSHIP

What Will a Chicago Car Accident Lawyer Actually Do for You?


by Adam Zayed

Personal injury lawyer Adam Zayed explains the important steps a Chicago car accident lawyer will take to ensure you receive the best legal representation.

Blurry image of fast moving traffic in big city

IN PARTNERSHIP

A Winning Approach


by John Fields

Recognized New York-based lawyer and trial legend Benedict Morelli, with his firm sharing the keys to their courtroom success, has developed a winning approach.

Three lawyers wearing suits pose for a picture

IN PARTNERSHIP

Precision in Practice


by John Fields

For four decades, the Perecman Firm's unwavering commitment to legal excellence has been crucial in securing victory for those facing life-altering injuries.

Three lawyers stand in NYC street posing for picture

IN PARTNERSHIP

Raising the Bar


by John Fields

New York City-based powerhouse Block O’Toole & Murphy continues to set new benchmarks for personal injury cases, with the firm achieving landmark victories.

Five lawyers sit and stand posing for a photo

IN PARTNERSHIP

Easton & Easton: Let Our Family Help Yours


by Justin Smulison

For more than 50 years, Easton & Easton have continued to be the go-to trial law firm for injury and wrongful death claims in Southern California in 2023.

Group of lawyers pose at table with globe in forefront

5 Things To Consider When Choosing a Car Accident Lawyer in Dallas, TX


by Jay Murray

Choosing the right car accident lawyer for your case in Dallas, Texas, is essential. Read this article to learn about 5 things to consider during the process.

Figure in suit checks off an animated list

IN PARTNERSHIP

Making A Meaningful Difference in Clients Lives


by Justin Smulison

Scarlett Law Group is hailed as one of California’s personal injury trailblazers, representing plaintiffs from all backgrounds. Here's the firm's recipe for success.

Three lawyers in suits pose in front of a bridge

Understanding Statute of Limitations in Personal Injury Cases


by Best Lawyers

In personal injury cases, the statute of limitations can vary depending on several factors. To navigate the process, consider hiring a legal professional.

Animated woman holding a clock and coin while balancing on plank

Why You Should Hire a Lawyer When Filing a Personal Injury Lawsuit


by Best Lawyers

When filing personal injury claims, which is typically a complex and distressing process, consider consulting with an experienced personal injury attorney.

Unseen individual with hand brace points to a legal contract

IN PARTNERSHIP

What to Do if the Other Driver Doesn't Report the Accident


by Rick Lopez

Call 911 to report a car accident if the other driver refuses to report the car crash. Learn more about what to do after a car accident occurs in Texas here.

Unseen individual writing up report with cracked windshield in background

Trending Articles

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

IN PARTNERSHIP

Bentley & More LLP: Beacon of Hope


by Bentley & More

With a unique blend of expertise in trial advocacy and workers’ compensation, Bentley & More LLP has established itself as a beacon of hope for injured workers.

Bentley & More LLP: Beacon of Hope for Injured Employees

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers