Immediately after a slip and fall injury accident, things get hazy quick! First many times the victim does not know why they fell. It happens so quickly that they are down before their mind registers what happened. It is amazing how badly people are hurt falling to the ground. It seems people are better off in a high-speed car accident than a 1 mph slip and fall. Broken bones abound. Serious injuries, like ulnar nerve entrapments, broken hips and ankles, and herniated discs in the back seem to occur from the slightest fall. There is no way to “fake” a broken bone or herniated disc! We like these cases because the damages almost take care of themselves.
However, immediately after you fall you need to be thinking about how to secure the vital information you will need to win your injury case. The faster you can start thinking like a Plaintiff lawyer the better, because I guarantee you, the location you fell at is already making the case for why the fall was your fault.
Therefore, right after a fall, first and foremost, figure out how badly you are hurt. Don’t be proud and try to shake it off. If you are hurt get medical attention right at the scene. Let them call the ambulance.
Here are some question and answers common to slip and fall cases:
I was hurt in a fall-down accident. What should I do first?
As mentioned before make sure you are okay and get medical help. Don’t be proud. Get help.
Look around, there are always steps you can take to preserve your claim. Doing any or all of this will help. Don’t worry about the order.
Collect as much evidence as possible. Photograph on your phone the place where you fell. The wet floor signs OR lack of wet floor signs. Your injury. The ambulance. Document as much as you can. That is the beauty of carrying a phone with a camera sometimes. Photographs are useful here.
Write down everything that happened during and after the accident. This includes anything anyone from the place you fell says. Write it down as accurately as you can remember. Further things like medical bills, hospital visits, any lost work or wages, need to be collected and documented.
Get the names, addresses and phones of any witnesses who saw the accident. Contact these people to confirm their contact information.
If you get to talk to anyone either during or after the accident make sure you document that conversation with a time and date stamp.
What you should NOT do is go bragging to friends, on Facebook, Instagram, Snapchat, or literally anyone that you may file suit.
How long do I have to notify a person that I am filing a claim for my personal injury?
This is a hard question because the answer differs depending on the Defendant. If it is a government entity (if you fell at city hall) and you are planning on filing a lawsuit against either the city or anyone who works for the city, you will need to follow some very specific rules and we suggest you get a lawyer to help you navigate those waters. If you get it wrong and you don’t timely and proper notice the government then your case gets flushed down the drain. If it is against a private store or person the requirements are less strict, but just as hard to overcome. But keep this in mind, speed is almost always your friend. Moving fast will increase your chances of resolving your claim faster and for more dollars than if you delay.
Is there a time limit in which I have to file my lawsuit to be compensated for my injuries?
Yes. You must file the lawsuit in the court system within 4 years. The law that controls this is called the “statutes of limitations“. If the SOL passes you may be barred from ever bringing suit to recover for your injuries. Every state’s SOL is different. So check your state’s SOL limits.
How soon do I have to file a claim against the government for my personal injury?
You must wait at least 6 months in Florida, but I am not sure about other locations.
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