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

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