Slip and Fall Cases Can Be Difficult
Slip and fall cases are completely different than a car crash. Police officers don’t show up to make a report. People don’t exchange insurance information. Witness statements aren’t taken. Most slips, trips and falls are pretty chaotic because there’s no real script for people to follow. But follow our tips below and you’ll be just fine.
Falls Cause Serious Injuries
It’s shocking sometimes, even to us, to see how serious injuries can be from a fall. A lot of this has to do with the fact that most trips, slips and falls are completely unexpected, so you’re not able to prepare your body for the fall. The surprising nature of falls leaves your body in an awkward position, causing you to fall in an unnatural way and leaving your body vulnerable to devastating injuries.
Insurance Companies Don’t Get It
Insurance companies love to use the phrase “slip and fall” as if it’s a derogatory term to minimize your injury. Don’t let them – you were injured and it was their insured’s fault. You deserve to be compensated for your injuries.
Next Steps After Being Injured From a Fall
- Find out what you slipped or tripped on and take a picture immediately. This will likely be cleaned up by the property owner (especially grocery and convenience stores) quickly, so get a picture before your evidence disappears.
- Get the names and phone numbers of witnesses nearby. Property owners rarely take down this information, so you will want to get this information before you leave.
- Report your injuries to the store manager or the owner and get names of everyone you speak with. Coming back to the store to report the fall days or weeks later may destroy your case.
- Ask for a copy of the video. The owner likely won’t give this to you, but you need to ask for it and then send what’s called a spoliation letter so they don’t destroy the video. Take a look at our trucking case spoliation letter to give you an idea of what to include in your letter.
- Go to a doctor. In the eyes of the law (and the insurance companies), an injury doesn’t exist unless it’s been documented by a physician. The fact that you say your back hurts means nothing to them.
- Send a certified letter to the owner within the first week to document your conversation. Make a copy of your letter. Some store managers will try to conceal the fall from their employer, so make sure you follow up.