When property owners fail to maintain safe premises, and visitors to the property are injured as a result, then injury victims may be able to seek compensation for their losses and suffering. However, there are steps they will need to take to protect their rights to a complete settlement.
If you’ve suffered fall injuries due to a property owner’s negligence, it’s important to understand what to do next. Keep reading to learn about what to do after a slip and fall accident to recover fair compensation.
One of the most important parts of your slip and fall case will be your medical records. It is essential that you get care from a medical professional as soon as possible after a fall, preferably on the same day as the incident. By seeking medical attention immediately, you can help establish the connection between the fall and your injuries, preventing arguments about pre-existing conditions or other causes.
Even if you feel fine, getting medical attention after a fall is still a good idea. Many fall injuries aren’t immediately apparent, and your adrenaline from the fall can mask a variety of symptoms. In particular, internal injuries can take days to show warning signs, so it’s important to continuously monitor your condition for worsening symptoms. Severe headaches and confusion can be signs of serious injuries.
If you have injuries that make it difficult for you to move or you are hospitalized, don’t hesitate to ask for assistance with the following steps. You can ask a trusted friend or family member, or reach out to a lawyer for assistance.
Another step you should take as soon as possible after a slip and fall accident happens is gathering evidence of the conditions that led to your fall. This might include pictures of poor lighting conditions or wet floors without warning signs, as well as contact information from potential witnesses. It’s key to document the accident scene before it changes, photographing the hazard from as many angles as possible. You should also set aside and safely store the clothes you were wearing when the accident occurred, and keep a detailed log of your symptoms starting the day of your accident.
In addition to these types of evidence that you can gather yourself, a lawyer can help you collect additional critical evidence, possibly including surveillance footage, official medical records, and expert testimony.
So far, all of the steps we’ve discussed should be completed as soon as possible after your fall, and the same is true for notifying the property owner and requesting an official incident report.
Immediately following your accident, you will need to let the negligent property owner know about the incident. In most cases, the property owner should be able to make an official accident report, and you can request a copy for your records. If, for some reason, the property owner refuses or is unable to make an official accident report, you may be able to request an incident report from law enforcement. Getting an official record will help create a paper trail proving your accident occurred.
Premises liability, which is the type of liability involved in fall accidents, can be complicated, and recovering compensation for these incidents often requires legal action. An experienced legal team can conduct a thorough investigation into your accident, obtaining the necessary physical evidence and documentation to prove negligence and your rights to financial relief. Getting help from an attorney before you talk to insurance or give any recorded statements is essential for protecting your slip and fall claim.
Keep in mind that most personal injury attorneys work on a contingency fee basis, which means you won’t have to pay out of pocket for our services.
When falls happen due to property owner negligence, claims for things like medical bills and lost wages are often covered by the property owner’s insurance. You may be able to successfully make an insurance claim with the property owner’s insurer without any legal assistance, but there are many cases in which getting legal guidance is in your best interest.
In particular, if your insurance claim has been denied or undervalued, or the property owner was not insured, you may need to file a lawsuit to get compensation.
If your claim is denied or undervalued, or the property owner does not have insurance coverage for falls, then you should consider taking legal action with help from a personal injury attorney. The first step is typically sending a demand letter informing the at-fault party and their insurer of your demands and your intent to sue. If this fails, filing a lawsuit is the next step. Once a lawsuit is filed, your attorney and the property owner’s representatives will negotiate a settlement. If no settlement is reached, the case may go to court. The vast majority of cases are settled out of court.
It’s important to remember that you will have a limited amount of time in which to file a lawsuit under the Louisiana statute of limitations for fall claims.
From broken stairs to poor lighting, if property owner negligence led to your fall accident, then you should be able to file a slip and fall claim for the full extent of your losses, including medical treatment and lost income. If you face any kind of challenge in your case, our attorneys can step in to help you reach a successful outcome.
While most of us think of falls as minor issues, the truth is that they can lead to broken bones, traumatic brain injuries, and even death in some cases. If you were injured or lost a loved one due to a fall accident, our legal team is ready to fight for justice on your behalf. You can count on Cardone Law Firm for reliable representation.
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