So if you or anyone you know has fallen on a property and got injured, you can sue the property owner for this. A person can file a slip and fall claim or a lawsuit to make up for damages caused as a result of the slip and fall accident.
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A Step-By-Step Guide on How To File a Slip and Fall Claim
1. Seek Medical Treatment First
Those hurt from a slip and fall accident must immediately see a doctor, with or without a dislocated or broken knee. Examination by a medical professional may uncover additional injuries, or chronic injuries may now have become further exacerbated by the accident. Evidence of seeking medical treatment can strengthen a slip and fall claim, making it crucial to file a slip and fall claim for the injuries detailed over the course of time during the legal process. Most cases settle within 9–12 months after the patient completes treatment. Cases where people finish medical treatment quickly usually reach a settlement sooner than those delayed by the type of treatment required.
Note: For you or anyone else to feel pain following a fall, find out what steps to take after a slip and fall accident. Some very clear injuries and symptoms can actually take days to surface after a fall, indeed an infection.
2. File an Accident Report
The next part of the slip and fall action is that the claimant will file an accident report. Most of the time, this applies to business accidents (incident report).
Here are a few steps to follow in filing an accident report to help create documentation for your case:
Create Awareness
Make the property owner or manager on duty aware that an accident has occurred while on either private or public property. In case it was at work, contact your supervisor. Business procedures usually include these steps in company policy, ensuring the company documents the accident and that employees can seek care immediately when needed.
Complete an Accident Report
In most cases, you must sign the accident report to confirm the details about the time, location, and any known injuries from the incident.
Photograph the Evidence
You need to arrange and present photographic evidence, along with proof of the conditions (wet floor, icy pavement) and any injuries, to support your slip and fall claim. Any photographs taken should accurately and clearly represent the scene of the accident and associated injuries. It shouldn’t be forgotten to take more photos as injuries worsen over the course of time. Ask family members or close friends to help with this step.
3. Gather Evidence
If you’ve done everything above, you will have good evidence to file a slip and fall claim. This is everything that needs to be documented:
- The location of the accident.
- Date and time of the event.
- Accident report.
- The cause of the accident (wet floors, icy pavement, etc.).
- Witnesses and any witness statements.
- Any supporting photos that show the hazardous condition and injuries.
- medical records associated with treatment, check-ins, or surgery.
- Proof of lost wages from the employer (if work was missed because of the injuries).
At this point, it is advisable to talk to an attorney specializing in personal injury cases to get guidance on how to file a slip and fall claim and protect your rights. Most personal injury attorneys work on contingency fees, so you pay legal fees only after you and the lawyer reach an agreement to handle your case.
Consulting a lawyer now will help answer any questions regarding the legal aspects of your case, any applicable laws, and whether hiring a law firm would be worthwhile for you.
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4. File a claim
The 90-day municipal act stipulates that the injured party has to give notice to the relevant municipal entity of the particulars about the incident pertaining to the slip and fall. The notice must state where and when the injury occurred, describe its character and circumstances, and declare that the injured person will claim damages from the city.
Another essential element to be proved is negligence. It is essential, in any state, to prove that the property owner was negligent in failing to maintain or meet a condition that would have otherwise prevented the incident in question. For example, a property owner argues that his floor was wet, and an ordinary person would have seen the wet floor and avoided it. Again, you may obtain the assistance of a personal injury or slip-and-fall lawyer at this step for further direction with respect to your case and your claim’s exact nature.
Final Thoughts
A slip-and-fall lawyer will assist you in charting the best way ahead for your case. Here at Tenina Law, we will advise you on how best to file a slip and fall claim and evaluate and establish strong grounds in your favor. If you or a loved one suffered injuries from a slip-and-fall accident, Tenina Law can help— request a free case evaluation today from our legal team to assist you in pursuing your slip-and-fall case. We have obtained over $1 billion worth of settlements and verdicts for our clients, including for slip-and-fall cases.
Do not delay; contact us at Tenina Law today to protect your rights and obtain compensation for your due.
Frequently Asked Questions About Slip and Fall Claims
1. How Do I Enter My Slip and Fall Claim?
The starting point for slip and fall claims is to report the accident to the property owner or property manager, obtain medical assistance or treatment, and document the scene. Following that, you or your attorney files a claim with the property owner’s insurance company. An experienced attorney can handle paperwork, negotiations, and evidence gathering to ensure they file the slip and fall claim correctly.
2. What Is the Timeframe in Which I Must File a Slip and Fall Claim?
There is a time limit, called the statute of limitations, which varies by state and usually applies within 1 to 4 years from the time of an accident. After this period, recovery of damages may not be permitted, so it is best to consult an attorney at the earliest.
3. What Compensation Can I Get for a Slip and Fall Claim?
Compensation may be available for medical bills, lost wages, pain and suffering, future medical expenses, and sometimes property damage. The value of your claim depends on the severity of your injuries and the level of negligence attributed to the property owner.
