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Josef Avesar
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How to Start a Slip or Fall Injury Claim

After a slip and fall accident, the first action you take is crucial in protecting your potential claim. There are some important things that need to be remembered to help benefit your case. Below, we will cover some actions involved in filing a successful slip or fall injury claim.

Always report the accident.

If you get hurt in a slip or fall accident, you should report the immediately report the accident to the owner of the property or the person responsible for the premises. If you happened to get hurt on commercial property, you will want to report the accident to the highest ranking person that is there. If you get hurt on public property, and the injury was not severe enough to require emergency responders to come to the scene, then you should report it to the city or town in which the incident occurred on the same day, if possible.

You should not wait to report an injury, especially if you do not have an eye witness. Failure to immediately report a slip and fall injury does not mean you are unable to file a lawsuit, however, it doesn’t benefit you. Jurors and insurers question the legitimacy of an unwitnessed accident. If the claim wasn’t reported at least by the next day, then it can seriously harm your claim.

If you have witnesses, get their names.

If there were any eye witnesses to your accident, make sure you get their names and contact information. Real witnesses can help you win in a slip and fall case because they are the ones who can attest to what happened and help back up your statement.

Take pictures of any injures ASAP.

If you are in the unfortunate event of a slip and fall accident, and are able, take pictures immediately. Take as many pictures of where the accident occurred as you can, from several different angles. If you do not have a camera or are not physically able to take any pictures after your injury, then have a friend or relative take pictures as soon as possible. If you slipped in ice or snow, it is crucial to do this immediately because ice and snow melts, which could cause you to lose because there is no evidence of ice or snow.

If you need medical treatment, get it.

In the unfortunate event you do get hurt, go to the doctor. If it is something that requires emergency attention, go or ask to be taken to a local emergency room or a walk-in clinic. Do not wait because insurance companies, as well as juries, will wonder why you did not immediately seek medical attention if you were truly hurt. It could make them think you weren’t hurt at all.

If you get medical treatment, tell the doctor how you got hurt and where.

Make sure your medical records are consistent with what you are claiming in trial. Insurance companies will not pay money in cases where the injured person does not have a medical record that states when and what caused the injuries. Juries will not favor this, either.

Correctly fill out an accident report form.

Many times, commercial property owners will asked the injured person to fill out and sign an accident report form. However, there is no law that requires you to do this. Filling out the form is up to you; if you don’t want to do this or feel too hurt to do it, then you can decline. If you do decide to fill out an accident report, just be sure to clearly and accurately state how and where you got hurt.

Never let an insurer get a recorded statement from you

Once an injury is reported, you may get a telephone call or an in-person visit from an insurance adjuster. He or she might ask you to give a recorded statement that describes the accident and your injuries. Remember, there is no law that requires you to do this in a slip and fall case. Providing a recorded statement will not benefit you.

If you have medical treatment appointments, do not miss them!

Remember: do not miss any medical appointments. If the insurer or jury sees that you are missing your set medical appointments, then they will assume your injury is not severe or that you have healed and do not require further medical assistance. So, as a rule of thumb, if you have not fully recovered from your injuries, attend all of your medical appointments!

If you’ve recently been hurt after a slip or fall, contact our expert personal injury lawyers and let us help you file your claim and get you the compensation you deserve.