Jeff Marion | October 30, 2023 | Personal Injury
There’s no way around it: slip and fall cases are tough. Winning a fair settlement usually takes patience, perseverance, and planning. The last thing you want is for simple, preventable mistakes to torpedo your entire case.
Unfortunately, that’s something I see happen all the time.
If you’ve been injured in a fall on someone else’s property, there are three huge mistakes you can make early on that can drastically reduce your chances to recover damages like medical bills and lost wages. In this blog post, I’m going to share what those are (plus a few bonus mistakes to avoid) and give you some actionable advice on what to do instead.
Let’s get into it.
EMBED: Top 3 MISTAKES in a SLIP AND FALL CASE – YouTube
Mistake No. 1: Not Gathering Evidence
Evidence is what makes (or breaks) any slip and fall case.
Of course, that’s also true of any personal injury claim. But in a slip and fall claim, evidence disappears quickly, especially if the hazard was something temporary (like a wet floor or patch of ice on a sunny day). If you don’t make an effort to collect it right away, at the accident scene, it’s gone—and with it, probably your chance to prove the property owner’s negligence.
Right away, grab your phone and take pictures of the location where you fell. Capture anything and everything that may have contributed to the slip and fall—weather conditions, slippery floor, hole in the pavement, dim lighting conditions, etc. (If you’ve already left the scene and haven’t done this step, have someone go back and take photos as soon as possible if the dangerous conditions are still present.)
If there were any witnesses, make sure you get their contact information. Furthermore, if the accident took place on public property there may be security camera footage that captured the slip and fall accident. But remember that security camera footage tends to be deleted frequently—so contact anyone who might have it right away.
Mistake No. 2: Not Contacting a Lawyer as Soon as Possible
An experienced slip and fall lawyer can help you in tons of ways—some that might be obvious, and others not so obvious.
For starters, your lawyer will know what evidence you actually need to have and can help you collect it right away. That of course includes the things we just talked about: photos of the accident scene, identifying video footage, following up with eyewitnesses, etc. It could also include things like interviewing property owners or their employees, subpoenaing maintenance records, and other necessary research that would show that (1) the dangerous condition existed, (2) it was what caused your injury, and (3) the property owner knew about (or should have known about it) and didn’t live up to their duty of care to you.
Another big reason not to delay speaking with an experienced attorney? Time limits.
For example, if your slip and fall accident took place on municipally owned property (sidewalk, road, etc.), under New York law you only have 90 days to file a “notice of claim” against the government. (Some states have different statutes of limitations.) If you miss that deadline, you’ll lose the right to file a slip and fall lawsuit against the municipality.
Mistake No. 3: Not Instantly Making an Incident Report
I can’t stress this enough: Do not make this mistake. Contact the property owner or property manager right away, let them know you fell, and file an incident report. Also, make sure you get a copy of that report before you leave. (You can file a police report as well, but don’t only report to the police—the property owner must be notified directly.)
Look, I get it. Slip and fall accidents are sudden, surprising, and often embarrassing. In that moment, you probably aren’t thinking about a future personal injury lawsuit yet. Your instinct might be to just get out of there as soon as possible, especially if you don’t think you’re hurt that badly and can just walk it off, or if you’ve got a busy day planned and don’t want to miss appointments.
Here’s the problem. It’s very possible that you’re hurt worse than you realize. Aches and pains get worse. You go to the ER or urgent care. You find out you need more medical treatment. You miss time at work. If you didn’t file an accident report or contact a lawyer right away, here’s what’s probably going to happen:
- Because the negligent party and their insurance company were not notified, they will argue that your fall wasn’t what caused your injuries, or even that you never fell at all. Worse, any accidental misstatements you make in testimony might be twisted to show that you’re untrustworthy and making it all up. If you have any pre-existing conditions, for example, they might say you were already hurt and now just trying to obtain compensation fraudulently.
- There’s a good chance you’ll lose the ability to obtain key evidence about the hazardous condition. For example, most businesses delete security camera footage regularly—often every 30 days, but in some cases as little as a week, or less. If you don’t report, the footage of your slip and fall will probably be long gone by the time you’re ready to start your premises liability case. Along with it, your best chance at fair compensation.
Bonus Mistake 1: Not Going to a Doctor Right Away
Any time you’ve suffered injuries on someone else’s property or due to someone else’s negligence—whether it’s a car accident, a slip and fall, a defective product, whatever—always seek medical attention as soon as practically possible.
This is true even if you don’t think you’re hurt that badly—because, again, you might be injured worse than you realize at first. Some conditions linger or get worse days or even weeks after the initial accident occurred.
Seeing a doctor right away helps you in a few ways. Most obviously, it means serious injuries get identified and treated early, minimizing the disruption to your life. But it also helps you conclusively link the accident directly to your injuries.
Remember, the insurance company is not on your side. If you wait a few days or weeks to see a doctor, here’s what they’ll say: “A reasonable person with your injuries would have seen a doctor right away. You must not be hurt as badly as you say you are. Or maybe those injuries occurred later.”
Even if you can prove that you fell on someone else’s property, and prove that they were negligent, if you can’t also prove that your injuries were actually caused by that fall, you don’t have a personal injury case.
Bonus Mistake 2: Being Unprepared to Talk to the Insurance Adjuster
Say it with me one more time: the insurance company is not your friend. They are not your “good neighbor,” and you are not in “good hands.” They’re trying to make money. Paying you a fair settlement is not their priority.
The adjuster might be very nice to you, but their job is to dig up reasons for the insurance company to deny your claim, or convince you to settle quickly and cheaply. They might use several different tactics to achieve these goals, which might include:
- Asking you to give a recorded statement. (Never do this; it can never help your claim but it can absolutely hurt it.)
- Not telling you about all the evidence the insurance company has already uncovered (in particular, facts that would be harmful to their case and helpful for yours).
- Giving you leading questions and fishing for responses that make it sound like you’re admitting fault or not being consistent about your story.
In general, I strongly recommend letting your attorney handle all the discussions with the insurance adjuster. But if you are handling those calls on your own, make sure you’re fully prepared and know how to advocate for yourself.
What Should I Expect From My Slip and Fall Case?
As I said at the top, slip and fall claims aren’t always easy or straightforward. Here’s a quick overview of the main steps, which are similar for most personal injury cases (i.e., not just slips and falls):
- Investigation. You (or your attorney) gather evidence, examine medical records, talk to witnesses, and conduct other research to build your case. Basically, you need to figure out what happened, determine who was responsible, show that your injuries were caused by the accident, and calculate how much the other party is responsible to pay you.
- Demand letter. This is a legal document where your attorney lays out the case to the liable parties and their insurers, demands compensation for your injuries, and informs them of your intention to file a lawsuit if they don’t respond within a certain timeframe.
- Settlement negotiations. More than likely, the insurance company is going to push back on the demand letter. There may be some back and forth. However, if the insurance company won’t see reason and give a fair offer, your attorney will more than likely need to …
- File a lawsuit. This starts a formal legal process that includes a formal discovery phase. Both sides share the evidence they’ve obtained, interview witnesses, and prepare their arguments for trial.
- Trial. Often, as slip and fall lawsuits work their way toward a conclusion, the parties will eventually come to an agreement. But if that doesn’t happen, the case usually moves to a trial, with both sides arguing their case before a judge and jury.
If your case goes all the way to trial, be prepared to wait a while—the average wait time to get a court date in Western New York, where I practice, is about 18 months. And that doesn’t include the investigative work that needs to take place before a lawsuit is even filed.
That said, not all slip and fall cases go to trial. In fact, most settle before that point. But if you want to convince the insurer to compensate you fairly, your attorney should be fully prepared to take your case to trial.
Hurt in a Slip and Fall Accident? Give Jeff Marion a Call
I’ve been helping people injured by falls, car accidents, defective products, and other accidents that weren’t their fault for more than 25 years.
If you need help with a slip and fall case anywhere in Western New York, give me a call at (716) 589-6655 or use the contact form on this website to reach out. The call is totally free, as is the initial consultation and case review. I’m happy to chat with you about what happened, what your next steps should be, and whether I think I can help you (or know someone who can).
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