If you’ve ever slipped on a wet floor, tripped over a broken curb, or fallen on an icy sidewalk, you know how fast it happens. One second you’re upright, the next you’re on the ground wondering what just occurred. What many people don’t realize is that what you do in the hours and days following the incident can have a serious impact on your ability to recover compensation.
Our friends at The Edelsteins, Faegenburg, & Blyakher LLP discuss how often a slip and fall lawyer sees legitimate cases get weakened simply because the injured person made a few avoidable mistakes early on. The good news is that most of these errors are easy to sidestep once you know what to watch for.
Not Reporting the Accident Right Away
One of the most damaging things you can do is leave the scene without telling anyone what happened. Whether the fall occurred in a grocery store, an apartment building, or a public sidewalk, it matters that the incident gets documented by whoever is responsible for that property.
Ask for an incident report. Get a copy if you can. If the property manager or store employee tries to discourage you from filing one, that itself is worth noting. A verbal acknowledgment from staff is not enough.
Skipping Medical Attention
People downplay injuries after a fall all the time. You might feel embarrassed, assume the pain will pass, or simply not want to deal with a hospital visit. But delaying medical care creates two problems.
First, some injuries, like soft tissue damage or head trauma, aren’t always obvious immediately after impact. Second, a gap between your accident and your first medical visit gives the other side room to argue that you weren’t really hurt, or that something else caused your injuries. Seeing a doctor promptly connects your injuries directly to the fall.
Saying Too Much Too Soon
After a fall, you may be approached by a property manager, a store employee, or even an insurance adjuster who seems sympathetic and eager to help. Be careful. Anything you say can be used to undermine your claim later.
Common mistakes include:
- Apologizing or saying “I’m fine” out of reflex
- Speculating about what caused the fall before you’ve had time to think it through
- Giving a recorded statement to an insurance company without legal guidance
- Accepting an early settlement offer before you know the full extent of your injuries
Insurance companies move quickly because early settlements are almost always lower than what a claim is actually worth. Don’t let a rushed conversation cost you.
Failing to Gather Evidence at the Scene
If you’re physically able to do so, document the scene before you leave. Take photos of the hazard that caused your fall, whether it’s a puddle, a cracked step, a missing handrail, or poor lighting. Capture the surrounding area as well, not just the exact spot.
If there were people nearby who saw what happened, ask for their contact information. Witness accounts can be valuable, and memories fade quickly. Surveillance footage is another important piece of evidence, but it typically gets deleted within days unless someone requests that it be preserved.
Waiting Too Long to Understand Your Legal Options
There’s a tendency to wait and see how things develop before reaching out to anyone with legal knowledge. That’s understandable, but premises liability cases have filing deadlines that vary depending on the circumstances. Waiting too long can mean losing the right to pursue a claim entirely, regardless of how clear-cut the facts seem.
Understanding your options early doesn’t commit you to anything. It simply gives you the information you need to make a smart decision about how to move forward.
What to Do If You’ve Already Made Some of These Mistakes
Not everyone reads an article like this before something happens to them. If you’ve already made one or more of these missteps, that doesn’t mean your case is necessarily lost. It does mean the situation may require a more careful approach going forward.
Document everything you still can. Write down what happened while the details are fresh. Keep records of all medical treatment and any expenses related to your injury.
If you’ve been injured in a slip and fall and aren’t sure where your case stands, connecting with an attorney who handles premises liability matters is a practical next step. Many questions can be answered in an initial conversation, and understanding your rights costs nothing but a bit of your time.
