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

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

IN PARTNERSHIP

Protecting Patients and the Public


by Justin Smulison

Lubin & Meyer completes its most successful year yet, charting new territory with a historic class action suit involving hundreds of patients in New England.

Group of lawyers seated and standing around a table

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

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

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

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

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

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

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

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings

Commingling Assets


by Tamires M. Oliveira

Commingling alone does not automatically turn an otherwise immune asset into an asset subject to marital distribution as explained by one family law lawyer.

Toy house and figure of married couple standing on stacks of coins

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

The Hague Convention and International Custody Battles


by Alexandra Goldstein

One family law lawyer explains how Joe Jonas and Sophie Turner’s celebrity divorce brings The Hague Convention treaty and international child custody battles into the spotlight.

Man and woman celebrities wearing black and standing for photo