What To Do After a Slip and Fall Accident?
- After a slip and fall accident, get medical attention, report the incident to the property owner or business, and document the scene and your injuries.
- To have a valid slip and fall claim in California, you will need to show that there was a lack of care that led to your injuries.
- In most cases, you have two years from the date of your fall to file a claim in California.
After a slip and fall accident, you should get medical attention as soon as possible and report the fall to the business, manager, or property owner. Slip and fall accidents can occur anywhere, from spills in stores to uneven sidewalks. Knowing what to do after an accident and acting quickly can help protect you and your ability to recover compensation for your injuries.
In this article, we’ll cover the steps to take after a slip and fall and address common concerns you might have, so you have a better understanding of the legal process. At Cutter Law, our California slip and fall attorneys are here to answer your questions and explain the options for pursuing compensation after a fall. With offices in Sacramento, Oakland, and Santa Rosa, we are available to our clients whenever they need us.
Steps To Take After a Slip and Fall Accident
After a fall, there are steps you should take to ensure your safety and protect your legal rights.
Step 1: Get Medical Care Right Away
Seek medical care as soon as possible, even if you don’t notice any pain at first. Some injuries may not have obvious symptoms at first, but seeking medical attention promptly will help protect your health and create a record of your injuries.
Step 2: Report the Incident to the Property Owner or Manager
If your fall occurred in a business or on government property, ask to speak with a manager and fill out an incident report. Request a copy of the report. If your fall was on a private residence, notify the property owner as soon as possible. If possible, ensure the report is in writing rather than relying solely on verbal communication. When you explain what happened, stick to the facts and do not apologize or minimize your injuries.
Step 3: Gather Evidence at the Scene
Take photos and videos of where the fall occurred and the surrounding area, including the area’s lighting, whatever caused your fall, the weather outside, and your clothes and injuries. If there were any witnesses to your fall, ask them for their contact information.
Step 4: Preserve Physical Evidence
After your fall, do not clean the shoes or clothes you were wearing at the time, and do not continue to wear them. Keep them as they are and store them in a safe place. Your clothes can be used as evidence, especially if they have stains or were damaged in the fall.
Step 5: Avoid Giving Statements To Insurance Companies
You may be contacted by the property owner or the business’s insurance company, but you do not need to give them a recorded statement. Do not apologize for your fall or speculate about what happened. You could refer the insurer to the incident report or request that they speak to your attorney.
Step 6: Document Your Injuries and Recovery
Immediately after your fall, you should document your injuries if they are visible. As you heal, be sure to document your injuries at this time as well, using photos or writing daily or weekly notes about your injuries and recovery. Memories can fade, so it’s helpful to have a written account of what happened, your injuries, and your pain or symptoms.
Determine If You Have a Valid Claim in California
To have a valid slip and fall claim in California, you must show that a property owner, manager, or business was negligent. In most cases, this means proving the owner failed to maintain safe premises and that this failure directly caused your injuries.
Managers, property owners, and businesses have a duty under California premises liability law to identify hazards and fix them, or at least warn patrons about them. A slip and fall claim may be valid if the owner knew or should have known about a dangerous condition and did not fix it within a reasonable time.
For example, this could be a spill in a store that an employee and the manager walked by, but did not clean up or put up a “wet floor” sign, and then you fell. This could also be a loose floor tile that has been reported to the property owner, who has still not fixed it, which caused you to fall.
Due to the state’s comparative negligence law, you can still recover damages even if you are partially at fault.
Don't Miss Your Deadline To File a Claim
In most cases, you have two years from the date of your fall to file a claim. California’s statute of limitations for personal injury claims allows you to file a claim within two years of the date of your accident. However, if your fall occurred on government property, you generally must file a government tort claim within six months of the incident. Only after that claim is resolved may you file a lawsuit.
If you do not file your claim within this timeframe, you could lose the right to seek compensation. After a fall, you should contact an attorney promptly so they can begin investigating your claim, collect evidence, and file before any deadlines you may not consider.
Calculate Your Potential Compensation
You may be entitled to economic and non-economic damages if you were injured in a slip-and-fall accident.
Economic Damages
Economic damages are the financial losses you suffer as a result of an accident. Economic losses include:
- Past and future medical bills
- Rehabilitation and occupational therapy costs
- Property damage
- Medical devices and equipment
- Lost wages and future earnings
Non-Economic Damages
Non-economic damages are the losses you experience from an accident that do not have a monetary value but still impact your life. Some examples of these damages include:
- Physical pain and suffering
- Mental suffering
- Emotional distress
- Disfigurement or scarring
“Attorneys Brooks Cutter and Margot Cutter obtained a $10 million settlement during jury selection for a trip and fall accident that resulted in major injuries.”
When You Should Contact a Slip and Fall Attorney
After a fall, working with an attorney can provide the support you need and help you focus on recovery. Attorneys can be especially helpful if you’re facing disputes over fault, having difficulty obtaining documentation from the property owner, dealing with insurance companies trying to deny your claim, or if your injuries are serious.
Cutter Law will help you gather evidence to establish liability and handle all communications with insurers. We will handle negotiations and disputes related to fault. If a fair settlement cannot be reached, we will prepare your case for trial. Working with an attorney will also ensure that all of your damages are accounted for in your claim and that your losses are accurately calculated so you can receive fair compensation.
Injured in a Slip and Fall? Contact Cutter Law for a Free Consultation
Slip and falls can leave victims with serious injuries and unexpected struggles, like time away from work or medical bills. If a negligent property owner or employee did not maintain a safe environment, causing your fall, you may be able to pursue compensation.
The team at Cutter Law works on a contingency basis, so you won’t incur any fees unless we successfully resolve your case. Our team of attorneys will collaborate to assist you, supported by accident reconstructionists and financial experts, to strengthen your claims. We are committed to thoroughly investigating your case, regardless of the circumstances of your fall.
Family-owned, California-based, and client-focused. Contact us today for a free consultation or call (888) 285-3333.
California slip and fall victims generally have two years from the date of their injuries to file a claim for damages. Though there are exceptions to the deadline.
Yes, a store is liable for a customer’s injuries when a dangerous condition on store property caused the injuries.
Some claims may reach a pre-litigation settlement relatively quickly, while others may take years to resolve, especially if they proceed to trial.