There’s a good chance you are entitled to compensation after a slip and fall. Slipping and falling onto concrete, wood, dirt, or a hard floor does not always result in a severe injury. However, when it does, the injury could possibly require medical attention and a lengthy recovery time. If someone else is at fault for the fall, you might be a good candidate for compensation.
Many factors affect the compensation amount you could receive. Here is an essential guide on what to do after a slip and fall and how to calculate the compensation.
What To Do Immediately After a Slip and Fall
After slipping and falling, the first thing you should do is seek medical attention. If you can see your regular doctor right away, that is preferred. However, you should go to the emergency room if the fall is serious. Your injuries could require extensive care and even surgery. This depends on how you fell, how hard you fell, and the part of your body you landed on.
Write down what happened—the more detailed your record, the better. Record where you fell, when you fell, and what you think caused the fall. Take pictures of the area if possible, and back up the photos in another location.
Keep copies of your medical bills and record everything about your doctor visits. These actions will be helpful when you try to receive compensation. If you are serious about claiming compensation, speak to a lawyer as soon as possible. The earlier you file your slip and fall claim, the better.
Who Is Liable for My Injuries?
The following things must be true to determine who is responsible for your injuries:
- Someone on the property must have spilled something, worn a sport, made a tear, or somehow caused a dangerous surface.
- The owner or an employee must have known about the problem and done nothing about it.
The owner or employee should have known about the dangerous area because a “reasonable” person taking care of the property should have found it, removed it, or repaired it.
Judges and juries will decide if the owner or manager of the property has taken “reasonable” steps to keep the property safe. To determine what is “reasonable,” you must look at how regularly the owner or manager visits the property and how thorough taking precautions with visitors in mind.
In just about every slip and fall case, you will be asked about your own carelessness. This is because comparative negligence could affect your compensation. An insurance adjuster or your attorney may ask some of the following questions.
- Did you have a legitimate reason—or at least a reason the owner should have anticipated—for being where the dangerous area was?
- Would a cautious person have noticed the danger and avoided it?
- Were there any warnings of the danger?
- Were you doing anything to distract yourself from noticing dangerous areas (e.g., acting irresponsibly) that could have contributed to you falling?
If you are partially at fault for your fall, it could affect the outcome of your compensation. For example, you could have tripped and fallen over an uneven area at your apartment complex. When you fell, you could have been rushing out the door because you were late for work.
The insurance adjuster or a jury could say you were at least 40% at fault for your resulting injuries. This means that if the settlement is set at $30,000, an additional 40% or $12,000 would be deducted from the original settlement amount because of your own carelessness.
What Damages Can I Receive for a Slip and Fall Claim?
Slip, trip, and fall victims could receive damages or compensation in a couple of different areas. The first is economic damages. These include medical expenses, lost wages, long-term financial effects, etc. The second is non-economic damages. These include things like pain and suffering or emotional distress.
George Sink, P.A. Injury Lawyers Can Help You File
George Sink, P.A. Injury Lawyers is ready and willing to help victims of slip and fall cases due to negligence. With over 40 years of experience and more than 50,000 resolved cases, our firm is ready to assist you with your case to get the most favorable outcome. You deserve to be heard.
Many factors could change the outcome of your case. However, by taking the right steps and hiring the proper attorney, victims can seek compensation for their injuries. Call today for your free, no-obligation consultation about a slip and fall in a store or other premises.